KARNATAKA RASHTRIYA KISSAN SANGHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition in the nature of public interest litigation is filed by 30 institutions located or interested in Pavagada Taluk of Tumkur District, for an order directing the respondents to consider representation dated 23-2-2011 to take action to provide potable water to Pavagada Town and Taluk. There is no dispute about the fact that the area concerned was suffering from acute shortage of potable water causing threat to health and sanitation in the area. Upon notice being issued to the respondents and after few rounds of hearing, an affidavit of the Chief Engineer, Panchayat Raj Engineering Department of the State Government is filed to state inter alia, that the State Government has, in the discharge of its duty, already installed totally 73 water purification plants to provide clean and safe drinking water. Out of these plants, 37 plants were already commissioned and installed on top priority basis in the worst affected areas during the financial year 2011-2012, to enable the residents to get safe and clean treated water for drinking purposes. During the financial year 2013-2014, 29 more water purification plants were installed in 29 villages which were less affected and out of them 22 plants are already commissioned as well. For installing 62 more water purification plants, the State Government has already invited tenders and the financial bids have been opened. Thus, out of 62 affected villages, safe source of water is already provided in 58 villages. The State Government has also provided cisterns in some places for storing potable water for emergencies and the storage of safe and unsafe water in the cisterns is indicated by the colour of the cisterns. Besides that, residents of all the 62 villages are being educated and informed by means of wide publicity through beat of tom tom, public address and panchayat meetings about the quality of the water stored in those cisterns. It is further stated that the Government proposes to install additional purification plants wherever required. For four villages where the available water is not safe for drinking, the State Government has decided to supply drinking water to them through tankers and such supply has actually been started from 18-11-2013.

(2.) It is further stated that the State Government has also chalked out a scheme by way of permanent measure, to solve the drinking water problem to Pavagada Taluk and Town by arranging supply of fresh water from Tungabhadra Reservoir and it is at the stage of floating and processing necessary tenders for the works to be executed. In view of the facts stated in the affidavit itself regarding distance of the Pavagada Taluk from Tungabhadra Dam and the difference in altitude between the water level in the Reservoir and the mean sea level of Pavagada Taluk, there is reasonable apprehension that the arrangement and execution of work for providing water of Tungabhadra Reservoir to Pavagada Taluk may take a long time. Therefore, it was put to learned Counsel for the State Government and a statement, on instruction, was made by learned Advocate General that the present temporary arrangement of supplying potable water to the areas in question will be continued as long as the perennial supply of fresh water is not ensured by the State Government. Upon that assurance being recorded and the present requirement of potable water having already been admittedly fulfilled, the petition does not survive for any further orders. Therefore, by consent the petition is disposed, after recording the above statements and with liberty to the parties to approach this Court in case of difficulty. There is no order as to cost. The Interim Application No. 2 of 2013 filed herein does not survive and hence disposed as such.