ESSENTIAL SERVICES AND CONSUMERS ASSOCIATION Vs. JAL SANSTHAN

JUDGEMENT

(1.) IN this public interest litigation initiated by the petitioner, The Essential Services and Consumers' Association and others, have complained about prevalence of jaundice in the City of Allahabad and have complained that the water piped by respondent No. 1 for the purpose of drinking and other domestic use by the citizens of Allahabad has been contaminated by either sewer lines or storm water drains or open drains or by leakages in the water mains and pipes. They have, therefore, prayed that suitable directions be issued in the nature of Mandamus to the respondents Jal Sansthan, Development Authority and the Nagar Mahapalika, Allahabad, to perform their statutory duties and remedy the existing situation. The petitioner have sought a number of directions in this writ petition, but the main thrust has been that the water supplied to the citizens is contaminated and is the cause of jaundice and other diseases and prayed for lacking of samples of water from the affected areas and for their analysis to find out the reasons for the same and to take remedial measures. The Petitioners' complaint about the quality of water supplied to the citizens of Allahabad led to the collection of water samples from road -side taps of ten places in August, 1985. The samples were sent to the Head of the Department of Microbiology, in the Medical College Allahabad for examination. The report disclosed that the chlorine content in the water was over 4.5 ppm (parts per million) in 3 out of 10 samples taken. At seven other places the Chlorine content was between 1.5 ppm to point two ppm. The water samples from Atala recorded 5.0 ppm and that of Malviyanagar and Kydganj 4.5 ppm each, which was more than 20 times the normal quantity.

(2.) A contention was raised on behalf of the petitioner that the water supplied was injurious to the health of the citizens because of the excessive quantity of chlorine in it. It was urged that where water was 'contaminated water' with bacteriological impurities e.g., organic material, excessive dosage of chlorine may lead to serious consequences such as ailments of the digestive tract, liver, kidney in those who drink such water It could be the cause of cancer also.

(3.) TO find out the effect of excessive chlorine in water, on human physiology, an opinion was sought from the Head of Department of Microbiology, Medical College, Allahabad. He opined: - -