MANOJ RAJANI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners are all residents of Dewas town in the State of Madhya Pradesh and have filed this writ petition under Article 226 of the Constitution as a Public Interest Litigation praying for directions to the Municipal Corporation, dewas, and the Municipal Corporation, indore, to supply 13 lac gallons of water per day for the residents of Dewas town.

(2.) THE facts briefly are that the Dewas town is situated on the banks of river kshipra which dries up by the end of December every year and as a result the town faces acute shortage of water till the next rainy season. To take care of this shortage of water, the Municipal Corporation, Dewas, entered into an agreement with the Municipal Corporation, Indore, on 20-2-2002 where under, the Municipal Corporation, indore, was to supply 10 lac gallons of water per day from the Narmada Water Supply scheme, to the Municipal Corporation, dewas, at the rate of Rs. 1. 75/- per thousand liters. By an order dated 22-2-2001 the State Government of Madhya Pradesh also directed the Municipal Corporation, indore to supply 3 lac gallons of water per day to the Municipal Corporation, Dewas.

(3.) THE case of the petitioners in the writ petition is that in breach of the agreement dated 20-2-2002, and the order dated 22-2-2001, the Municipal Corporation, Indore, has supplied much lesser quantity of water to the Municipal Corporation, Dewas. The petitioners have annexed with the writ petition charts showing the supply of water during different months in the years 2005, 2006, 2007 and 2008 which shows that the average water supplied in the months from january to July, 2005, was 8. 62, 8. 59, 9. 32, 10. 50, 9. 51, 7. 80 and 5. 82 lac gallons per day respectively, in the months from December, 2005, to July, 2006, 7. 40, 7. 53, 7. 00, 7. 08, 6. 17, 5. 18, 4. 85, 4. 98 lac gallons of water per day respectively, in the months from February to July, 2007, 4. 25, 6. 68, 5. 59, 5. 52, 5. 30 and 5. 05 lac gallons per day respectively and in the months from February to May, 2008 (up to 5-5-2008) 4. 95 to 4. 23 lac gallons per day respectively.