M K BALAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) On 26th March, 2009 we had passed a detailed order relating to the problem of water shortage in our country and we had issued notice to the Secretary, Ministry of Science & Technology asking him to file a counter affidavit within four weeks stating what measures have been taken to solve the water problem in the country and for implementing the recommendations given by one of us (Hon ble Mr. Justice Markandey Katju) in the decision in State of Orissa v. Government of India and Anr. .

(2.) Despite having immense reservoirs of water in the form of the Himalayas in the North and the Arabian sea, Indian Ocean and the Bay of Bengal in the West, South and East of India, there are water shortages everywhere often leading to riots, road blocks and other disturbances and disputes for getting water. In many cities, in many colonies people get water for half an hour in a day, and sometimes not even that e.g. in Delhi, South India, Rajasthan, U.P., Madhya Pradesh, Orissa, Maharashtra, Northeast, etc.. In large parts of rural areas there is shortage of water for irrigation and drinking purpose. Rivers in India are drying up, ground water is being rapidly depleted, and canals are polluted. The Yamuna in Delhi looks like a black drain. Several perennial rivers like the Ganga and Brahamputra are rapidly becoming seasonal. Rivers are dying or declining, and aquifers are getting over-pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding ground water for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection John Briscoe has authored a detailed World Bank report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.

(3.) In our opinion it is science alone which can solve this problem (as well as the other gigantic problems facing the country).