WASIM AHMED KHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed as a Public Interest Litigation (PIL) by the petitioner, who is a practising advocate. The relief claimed in the writ petition is for a declaration that the action (rather failure) of the respondent in not providing safe drinking water and also for not preventing the outbreak of Cholera and Gastro Enteritis diseases in the State of Andhra Pradesh, as illegal and unconstitutional and consequently direct the respondent to replace all the damaged and leaking drinking water pipes, replace the drainage system to prevent leakage and overflowing and to provide clean drinking water to all the citizens in the State.

(2.) In the affidavit filed in support of the writ petition, the petitioner had referred to certain news items in various newspapers about the outbreak of diseases like Cholera and Gastro-Enteritis at various places, particularly in Adilabad district, which is attributed to the failure of the Government to supply safe drinking water. The petitioner referred to certain acts as well as omissions on the part of the Government, which according to him, have given rise to a situation wherein nearly 900 people have died and 10,000 people became sick due to the said diseases. The relief claimed in the writ petition is two fold, viz., to provide safe drinking water and to ensure proper drainage system to prevent spreading of all diseases and epidemics.

(3.) In response to the Rule Nisi, however, after seeking several extensions of time, the respondent filed a counter affidavit dealing with the various contentions raised in the writ affidavit. It has been stated that the disease of Gastro-enteritis is not merely water a born disease and that there are several other factors, which also lead to eruption of this disease. In paragraph 5 of the counter affidavit, factors are remunerated which include eating of contaminated food, poor environment and sanitation apart from consumption of contaminated water. It was further stated that the disease is also transmitted on account of touching of the contaminated surfaces such as taps, children toys, consuming eatables without washing hands. At the same time, the respondent has also narrated the various steps that are taken from time to time to ensure proper supply of potable water to as many people as possible and also to maintain the drainages properly within the available financial and natural resources. Paragraphs 6 and 7 of the counter affidavit read as under: