DEVENDER SOLANKI Vs. D.D.A

JUDGEMENT

(1.) THE grievance of the petitioner is that the residents of Sectors 20 to 25 of Rohini Residential Scheme, which have been developed by respondent No. 1--Delhi Development Authority, are not being provided water by respondent No. 2--Delhi Jal Board, as a result of which they have to procure water from private vendors or from DDA through water tankers. According to the petitioner, the residents of these areas, besides paying water bills to DDA, are also incurring expenditure of about Rs 1,000.00 per month on obtaining water from private sources and the supply of water by DDA through tankers is erratic, besides being inconvenient since water has to be carried by bucket through staircase. The petitioner is, therefore, seeking writ or directions to respondent to provide adequate regular water supply in the morning as well as in the evening, with proper water pressure to the residents of Sector 20 to 25, Rohini, Village Pooth Kalan. The petition is also seeking a direction to the respondents to arrange for adequate number of water tankers with pumping arrangement till complete infrastructure for regular water supply is in place.

(2.) IN its affidavit, respondent No. 2, Delhi Jal Board, has stated that in terms of Delhi Jal Board Act, 1998, it is the responsibility of the developing agency, which, in this case is DDA, to develop internal system of the colony. It is further stated in the reply that usually water supply is given at a single point indicated by the developing agency to Delhi Jal Board, which, in many cases, takes over the system from the developing agency, after the internal infrastructure is fully complete. It is alleged that in the present case, the infrastructure work in Phase-III, Rohini is yet to be completed and it is expected that an underground reservoir boosting pumping the station which is likely to be commissioned by March, 2013 in Sector 23 or Rohini, would improve the water supply to areas in question. It is further stated that water supplied at the booster pumping station, underground reservoir would have to be water saved from curtailment in the other areas of region. According to Delhi Jal Board, its Haiderpur Water Treatment Plant is presently working at optimal capacity and it is giving bulk supply to DDA from 4.00 AM to 9.00 AM and then from 5.00 PM to 09.00 PM.

(3.) IN Subhash Kumar vs. State of Bihar [1991 (1) SCC 598], the Supreme Court held that the right to life which is a fundamental right under Article 21 of Constitution of India includes the right to enjoyment of water. The same view was taken by the Supreme Court in State of Karnataka vs. State of Andhra Pradesh (Allmati's case) [2000 (9) SCC 572]. In Narmada Bacho Andolan vs. Union of India_[2000 (10) SCC 664], while reiterating that water is the basic need for survival of human beings and is part of the right to life and human rights as enshrined in Article 21 of the Constitution Supreme Court observed that all people have the right to have access to drinking water in quantum and of a quality equal to their basic needs. It is thus a settled legal proposition that every citizen has a fundamental right to have adequate water for drinking purposes and the State is under constitutional obligation to ensure supply of drinking water to them. In fact, India is a party to the Resolution of the United Nations Organization passed during the United Nations Water Conference in 1977 which, inter alia, reads as under: ""All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs."