HAMID KHAN, ADVOCATE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a public interest litigation filed by one Hamid Khan, who is a practising Advocate of Mandla for the apathy of the State Government, or rather a gross negligence on the part of the State Government in not taking proper measures before supplying drinking water from hand -pumps, which has resulted in colossal damage to the population of Mandla District.

(2.) THE hand -pumps which have been sunk by the State Government for supply of drinking water had excessive fluoride contents and on account of that, thousand of persons who consumed water have suffered major set -back in their life either in terms of deformity of various nature, like skeletal fluorosis or dental fluorosis. Therefore, this cause has been brought by a public spirited Advocate before this Court and notices were issued to the respondents.

(3.) IN their return, the respondents have pointed out that the matter came to their light that water of certain tube -wells had excessive flouride which has caused great damage to the population by way of deformities in hands, legs and dental problem and immediate measures were taken for sealing of these tube -wells and certain medical facilities were provided to the affected persons. It is pointed out that District Mandla comprises 13,269 sq. kilometers and its population s about 12,91,000. According to the census of 1991, Mandla District has total number of 2160 rural villages. It is pointed out that for the last 25 years, Public Health Engineering Department of Madhya Pradesh, with the help of Central Government Rural Development Department, is providing drinking water by drilling tube -wells in the villages of Mandla District. It is alleged that before drinking water is supplied, quality of water is to be tested and certain guidelines are prescribed for testing of water, But in all those guidelines, no fluoride test has been provided and therefore, such fluoride test was not undertaken. When adverse reports were received, then an enquiry was conducted and the Assistant Surgeon posted at Primary Health Centre, Mohania Fatpara in District Mandla submitted a report to the Chief Medical Officer Mandla on 10.2.1995 and on that basis a team of experts consisting of Child Specialist and Arthopaedic Specialist headed by Chief Medical and Health Officer Mandla was deputed and it was found that 29 children were suffering from bone diseases and were having deformity in legs. The team of experts also examined their eating habits as well as drinking water and some treatment was given. Thereafter, the Chief Medical and Health Officer vide his letter dated 30th March, 1995 to I.C.M.R. Jabalpur reported this matter and the I.C.M.R. deputed a team of experts headed by Dr. Tapas Chakma who visited the village on 10th May, 1995 to 17th May 1995 and took water of five hand pumps of village Talaipani and in that, it was found that flouride contents were at a high level of 10 mg, per litre. The team of experts recommended that these hand -pumps, should be immediately closed and alternative arrangement for drinking water should be made. It was also found that water contained excessive fluoride. Consequently, hand -pumps were closed of the said village Talaipani. The Executive Engineer, P.R.S. Mandla in the meanwhile also sent a sample of water to the Population Control Board, Jabalpur and the Pollution Control Board submitted its report that fluoride contents in the water were 0.96 per litre which is a normal content and was not abnormal. After receipt of this report, again two experts were sent and the two experts advised the State to continue treatment of the affected children.