K C MALHOTRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner, who is a medical practitioner by profession, has preferred this petition by way of public interest litigation annexing with the petition newspaper cuttings of 1991 and 1992 to demonstrate that for want of performing the primary and obligatory duties by the Municipal Corporation, Gwalior and Public Health and Public Health Engineering Departments, in the locality of Pardi Mohalla, of State of Madhya Pradesh, due to open drain, filthy water, heaps of dirt and contaminated water and rubbish, there was spread of epidemic of cholera, resulting in deaths of 12 children in 1991 and also deaths in 1992. Therefore, the petitioner prays for issuance of directions to the State and the Municipal Corporation, Gwalior, to take all necessary measures to eradicate the menace.

(2.) Municipal Corporation in its return denied the averments and stated that the safai Karmacharies of the Municipal Corporation regularly clean and remove the heaps of rubbish under the supervision of the supervisory staff. Water is regularly bleached and the public lavatories are regularly cleaned. Chlorine tablets are mixed up with the water and they are distributed amongst the members of the public. There is timely spraying of D.D.T. and phenyle. Nalla was also cleaned in August, 1992. It being an old nalla, open from the rear side, there is continuous flow of water without any blockade. If because of rainy season, any blockade or obstruction is created in the nalla, Corporation takes immediate steps to remove the blockade. In the year 1992, no death was reported because of cholera or gastro entritis.

(3.) The averments were denied on behalf of the State and it was submitted that all preventive steps were taken including vaccination against cholera, distribution of chlorine tablets, R. H. packets through the Civil Dispensaries Janakganj and Phalka Bazar and Mobile Units. Regular steps were taken for cleaning drinking water. It is stated that P.H.E. takes all steps to ensure that water in the pipe line is not in any manner contaminated or becomes infectious. Drinking water of the hand-pump installed by the Municipal Corporation was not found fit for human consumption, hence, the Municipal Corporation was directed to close the said pump. Public Health Engineering Department laid a pipe line of 150 mms which was joined to the water tank of Jayendraganj for distribution of drinking water to Pardi Mohalla through taps.