BHAWANI SHANKAR SATPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) A letter addressed to the Hon'ble the Chief Justice of this Court highlighting alleged pollution of several tanks, named Rani Bandh, Talpari Bandh and Get Sarobar within the limits of Municipal Council, Balangir, has been registered as a writ application. In the said letter grievances made that water of said tanks has been turned green and is unfit for human consumption. As there is insufficient supply of water by the Public Health Department, the inhabitants use the water of these tanks for drinking purpose. Due to callous attitude of the authorities, no care or caution has been or is being taken to clean the. water and to maintain its purity so that the inhabitants can use it for domestic purpose. Grievance is made that the tanks, because of non -cleaning regularly have proved to be the source of water pollution leading to unhygienic condition. Steps are not being taken to provide adequate water for domestic purposes, more particularly drinking purpose, and on the other hand, absence of care to clean the tanks has added to the problems.

(2.) COUNTER -affidavit has been filed by the Balangir Municipality (hereinafter referred to as 'the Municipality') - Stand taken in the counter -affidavit is essentially as follows :

(3.) THE two Articles, i. e. 48A and 51A of the Constitution read as follows :