HILITE BUILDERS (P) LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The right to life guaranteed under Article 21 of the Constitution of India encompasses in itself the right to have clean drinking water supplied to a citizen in sufficient quantities. [See Vishala Kochi Kudivella Samrakshana Samithi v. State, 2006 1 KerLT 919 and Shajimon Joseph and others v. State of Kerala and others, 2007 1 KerLT 368]. The petitioners are builders and the association of builders of residential apartments who complain of discrimination in the matter of water supply to apartments.

(2.) The water supply in the State of Kerala for domestic as well as non-domestic purposes is governed by the Kerala Water Supply and Sewerage Act, 1986 [hereinafter referred to as 'the Act' only]. Section 38 of the Act deals with the supply of water by the Authority (Kerala Water Authority) and its mandatory duty to grant supply of water for domestic purposes is discernible therefrom. The relevant part of Section 38 of the Act is extracted hereunder:-

(3.) Section 38A of the Act deals with water supply to flats and multi-storied buildings subject to such terms and conditions as may be provided by regulations. Section 38A of the Act is as follows:-