Uttarakhand High Court
Hon'Ble Ramesh Ranganathan vs Scc 5 on 12 September, 2019
Author: Alok Kumar Verma
Bench: Ramesh Ranganathan, Alok Kumar Verma
WPPIL No.78 of 2012 Hon'ble Ramesh Ranganathan, C.J.
Hon'ble Alok Kumar Verma, J.
Mr. Parikshit Saini, learned Amicus Curiae.
Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand.
In M.K. Balakrishnan (2) and others vs. Union of India and others : 2009 (5) SCC 511, the Supreme Court, after referring to its earlier judgment in Delhi Water Supply and Sewage Disposal Undertaking vs. State of Haryana :
1996(2) SCC 572, and Chameli Singh Vs. State of U.P. 1996(2) SCC 549, has held that the right to get water, was a part of the right to life guaranteed by Article 21 of the Constitution of India.
As the right to potable water is a part of the fundamental right to life itself, under Article 21 of the Constitution of India, the obligation of the State, to provide potable water to the inhabitants of the State, cannot brook delay.
While the report submitted to this Court indicates the progress made in providing potable water, the fact remains that out of 261 habitats only 61 habitats are now provided potable drinking water, leaving around 200 habitats which are, as at present, not provided access to potable drinking water.
Even in Haridwar district, only 06 out of 15 villages are now provided potable drinking water, denying the remaining 09 villages access thereto.
While the report submitted to this Court indicates that a detailed project report is under preparation; and some of the projects would be executed in December, 2019, and a few others in March, 2020, it is evident from a bare reading of the said report that no outer time limit has been indicated for providing drinking water for a few other habitats.
As the fundamental right to potable drinking water must be catered to with utmost expedition, completion of the project cannot be left open ended. The second respondent shall, by the next date of hearing, indicate the time frame within which all habitations in the State of Uttarakhand shall be provided clean and potable drinking water.
Post on 14.10.2019 in the daily list.
(Alok Kumar Verma, J.) (Ramesh Ranganathan, C.J.) 12.09.2019 JKJ