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3. On a long term basis to ensure supply of Krishna water through a protected water supply scheme to all the villages affected.

5. On behalf of the respondents, the Chief Engineer, Rural Water Supply (RWS) has filed a counter-affidavit. He has questioned the locus standi of the petitioner to file the writ petition. He contends that the problem of fluorosis is not a new one, and that the Government have for the last two decades attempted various measures to combat the problem. The counter-affidavit enumerates the following measures taken by the State Government in combating the problem of fluorosis in the district of Nalgonda :- (a) Since 1979 under the Netherlands Assistance Project (AP-1) was taken up at a cost of Rs.44.59 lakhs for providing fluoride free water. Under the said project, an integrated water supply and sanitation proposal covering about 660 fluoride affected habitations, at an estimated cost of Rs.277.00 crores in 1989, with Nagarjuna Sagar Left Bank Canal as source also was taken up. Subsequently, it was reformulated with an estimated cost of 45.00 crores in 1996 with groundwatcr based individual schemes in the habitations where fluoride free water is available. However, the people of Nalgonda were not in favour of the said scheme, and therefore, it was not pursued; (b) Defluoridation plants and hand pump defluoridation plants at a cost of Rs. 1.57 crores were handed over to village Panchayats. The Government of India constituted Technology Mission during 1996. Sub-mission programmes were identified under the Rajiv Gandhi National Drinking Water Mission for providing safe drinking water to fluoride affected villages. As the defluoridation plants did not achieve anticipated results, the Government of India introduced Sub-mission programmes for control of fluorosis to take up water supply schemes with sustainable water sources instead of ground water which contains high levels of fluoride. Under the said programme, in 1991-93, a random survey was conducted, and based on the survey results, out of 1108 fluoride affected habitations, 214 habitations were provided with safe drinking water containing less levels of fluoride. Action plan in respect of 894 villages, covering about 1119 fluoride affected habitations has been prepared at an estimated cost of Rs.283.16 crores; (c) In 1996-97, Netherlands Assistance Project as well as the Sub-mission Project was withdrawn and the Government prepared 8 Projects, covering 34 Mandals and a population of 9.74 lakhs at an estimated cost of Rs.227.30 crores. Out of 8 Projects, Government of India has cleared one project under Sub-mission programme at an estimated cost of about Rs.26.77 crores.

Rival submissions:

12. Sri S. Ramachandra Rao, learned senior Counsel appearing on behalf of the petitioner has drawn our attention to the statistics prepared by the Executive Engineer, RWS Division, Nalgonda to highlight his submission that in more than 200 villages the fluoride content in drinking water is in far excess of the WHO standards. He submitted in a welfare State, it is the bounden duty of the Government to protect the lives of its citizens by supplying potable drinking water with least health hazards. Any apathy on the part of the Government in combating the problem of fluoride, would aggravate the problem and result in more and more number of people getting disabled and crippled. He submits that the fundamental "right to life" guaranteed under Article 21 of the Constitution of India, includes right to healthy life and right to have pure water. Any delay on the part of the Government in solving the problem of fluoride, would result in violation of Article 21.

13. The learned Advocate-General submits that the Government is aware of the problem of fluorosis for the last more than two decades. Within its financial capacity and resources, it is taking all possible steps to tackle the problem on a war footing. In support of this submission, he placed reliance on various Government Orders, whereunder administrative sanction was accorded for various projects. He submitted that the Government in combating the problem of fluorosis is adopting short-term and long-term measures. Projects have been planned to utilise surface water resources with less fluorine content, and also to revive the defunct defluoridation plants, besides supplying 500 defluoridation filters in two mandals. The Government has been bestowing its best attention to solve the problem of fluorosis. Through sustained efforts the Government intends to supply Krishna water to 6 out of S major projects undertaken in Nalgonda District in order to supply less fluoride content water. Since the problem of fluoride is received the deserved attention, he submits that the solutions suggested by the petitioner are impracticable of implementation.

23. From the various statements, containing statistical figures, filed by the petitioner, as well as from the admissions made by the Chief Engineer RWS, in the counter-affidavit filed on behalf of respondents, it can reasonably be inferred that the problem of fluorosis in Nalgonda District is a general problem, more especially in Nalgonda Division, where there are more number of inhabitated fluoride villages - as many as 319 habitations. Out of these 63 habitations in Narayanpur Mandal and 25 habitations in Narketpally Mandal, the problem is more acute and endemic. It demands immediate attention from all concerned.