Seeking regular supply of drinking water: Fundamental Right Bombay HC

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The Bombay High Court, while dealing with a petition filed by the residents of Zambe village in Thane district, emphasised that access to drinking water is a Fundamental Right. The Division Bench while giving its verdict in Shobha Vikas Bhai & Ors. vs. State of Maharashtra & Ors., stated that it is unfortunate to see that even after 75 years of independence, the petitioners have to approach the Court to get water supply.

The plea sought directions for STEM Water Distribution and Infra Company Pvt. Ltd., as they were responsible for supplying water regularly in the affected area. The petitioners alleged that STEM was illegally supplying water to local political leaders, causing such inconvenience. Although according to the Managing Director of STEM, the increase in population necessitated up-gradation of the system, and he moreover, contended that STEM’s efforts to remove illegal connections were met with protests by the villagers. However, the Court issued a warning to the civic authorities, asking them to take proper steps to avoid strictures from the judiciary, and emphasised on the importance of a regular supply of water for at least a few hours.

The Delhi High Court, recently in January 2021, gave a judgment on the same lines in Delhi Sainik Cooperative Housing Building Society Ltd. & Ors. vs. Union of India & Ors., stating, it is the duty of the State Government under Article 21 of the Constitution to provide clean drinking water to all its citizens. The Court relied on A.P. Pollution Control Board (II) vs. Prof. M. V. Nayudu (Retd.) & Ors., to emphasise that, all people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality that meets their basic requirements.