YEOLA MUNICIPALITY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this writ petition, the petitioners seek to challenge an order dated 25th March, 1987 passed by the respondent No. 2, as confirmed by the respondent No. 3, by his order dated 27th April, 1989, invoking the powers vested in them under section 309 read with section 97 of the Maharashtra Municipal Councils, Nagpur Panchayats and Industrial Townships Act, 1965 (hereinafter, the 1965 Act for short) and thereby providing water supply from the Yeola Municipal Council Water Scheme to village Paregaon, Taluka Yeola at the request of the Village Panchayat, Paregaon, respondent No. 5.

(2.) THE petitioner Yeola Municipal Council (hereinafter, Municipal Council for short) formulated a water supply scheme for the people within the local limits of the Municipal Council some time in 1968-69. The scheme was financed by the Life Insurance Corporation of India was envisaged in two stages. The first stage consisted of construction of a pipeline, to take water from the Godavari Left Bank Canal upto a balancing time having a capacity of storing water 4. 6 million liters per day. A tank-well cum storage tank was constructed with two pump sets of 50 horse power each. A filtration plant was also set up. The second stage of the scheme was dropped and instead, improvements were suggested and incorporated in the first stage itself. The improvement consisted of one storage tank, two 70 horse power pumps instead of earlier, two 50 horse power pumps. An additional seven kilometres pipe lines was to be laid with one more filtration plant. The scheme was accordingly carried out for the population of about 28,000 in the year 1980-81. The petitioners claim to have increased the population at the time of filing of the petition to 35,000 to 40,000. The requirement, therefore, envisaged in 1981 was totally inadequate for the ever increasing population of the Municipal Council.

(3.) UNDER section 50 sub-section (2) of the 1965 Act, the Municipal Council is legally bound to supply at least 70 liters of water per head per day which amounts to the requirement of about 24,50,000 liters per day equivalent to about 87,50,000 cubic feet per day. Then available water supply from the incomplete scheme, according to the petitioners, was to the tune of 69,120 cubic feet per day, thereby, causing shortage of about 18,380 cubic feet per day equivalent to 3,14,640 liters shortage of water per day. The petitioners also demonstrated in the petition as to how the requirement of water of the Municipal Council was increasing day to day. The petitioners also averred in the petition that the agreement dated 28th September, 1987 was also executed with the respondents for supply of 69,120 cubic feet water from the Godavari left bank canal for a period of seven years.