Right to Access to Drinking Water

 

Right to Access to Drinking Water

A Fundamental Right and also a Duty of State under Article 21 to provide it to its Citizens: Delhi High Court

 

Delhi High Court has announced that right to access to drinking water is basic and fundamental to life. It is the duty of the State to provide clean drinking water to its citizens under Article 21 of the Constitution. Justice Jayant Nath directed the Ministry of Defense, Ministry of Urban Planning and GNCTD to hold a meeting for taking appropriate solution in dealing with the status of the said colony within 4 months while handling the petition filed by 53 retired army veterans for regularization of Defense Service Enclave, that is considered by the Delhi Government as an unauthorized colony. In addition, the bench also added that the petitioners could not be denied basic facilities that include the right to access drinking water based on the ground that they live in unauthorized colonies. Following that the court directed the Delhi Jal Board to come up with a required scheme within 9 months with regard to their normal procedure for supply of portable drinking water to the petitioners in accordance with law.

 

BACKGROUND OF THE CASE

 

A group of 53 retired Armed Forces Personnel, veteran and war widows appealed to the High Court requesting guidance on Union of India, Ministry of Defense and Ministry of Urban Planning Development to supply all civic facilities to their servants and agents that are properly obtainable by other citizens who own land in the NCT of Delhi. The basic facilities include the right to supply of water, sewage connection, drainage system, roads and security etc. The petitioners also requested for appropriate directions from the Court regarding the respondents to declare the Defense Service Enclave, an area allotted to these people, inclusive of the Master Plan of Delhi, 2020.

 

The origin of this case begins in 1961. At that time the petitioners were to be allotted residential facilities according to a scheme formulated by the then Defense Minister, VK Krishna Menon. Yet the government had purchased lands in the Revenue Estate of Khanpur and Khirkee due to non availability of land. These lands were not notified earlier as urban areas in 1966. So in accordance to the petitioners, they were paying taxes to the Municipal Corporation, Delhi at urban rates. They even professed that in spite of their repeated attempts since past 30 years, the MCD failed to provide then even a single facility under the ground that the Defense Service Enclave is an unauthorized colony. Such an act is illegal and arbitrary.

 

Timeline of events

●      2002: A writ petition was filed by the petitioners before the Delhi HC seeking regularization of unauthorized colonies.

●      2003: Affidavit was filed by the Ministry of Defense wherein it had cleared that the lands the lands were given to the Society for construction of residential houses for residential purpose so that the Armed Forces are able to rehabilitate themselves in a proper and official manner in terms of the Army Order of May 1961.

●      February 2010: Ministry of Urban Development had submitted that a policy decision would be taken by the end of 2010 to regularize unauthorized colonies including public and private land in Defense Service Enclave and parts of Sainik Farms.

●      March 2010: Delhi Jal Board had assured the court the acute shortage of water would be solved.

●      2014: Another writ petition was filed by the petitioners seeking affirmation of authorized status as a government approved scheme initiated in 1961 and to issue instructions to all authorities for providing basic facilities.

●      April 2018: Representations were made by the petitioners to Municipal Corporation South Delhi and Delhi Jal Board in order to grant them the required facilities however the same went unanswered.

●      2018: This writ petition was filed in the HC.

 

Grounds of the Petitioners

 

1.     In spite of years of assurance given by the respondents, not a single step has been taken in providing relief to the petitioners.

2.     Many dwelling units that were built with lime and mortar only because of cement control became old, Hence they are in urgent need of repairs.

3.     Poor infrastructure including the leakage in roofs and cracking of floors.

4.     The authorities including the local police are not allowing the petitioners to repair/build their boundary walls.

5.     Petitioners are being denied the basic facilities and the right to lead a happy life with dignity.

 

Stand of the Respondents

 

The Defense Services Enclave is recognized as one of the unauthorized colonies amongst the 1639 colonies, in accordance with the Delhi Jal Board, which happens to be in the list maintained by the NCT of Delhi. There was also an argument that the colony belongs to the category of "unauthorized affluent colony" and many occupants there are not necessarily ex servicemen but are also normal buyers.

 

The stand of the Ministry of Urban Development is that the resolution that is sought by the petitioners is the same as the 2014 writ petition. Hence the present writ petition could not be maintained. They also proposed that the colony in question is an unauthorized colony and with regard to the regulations for regularization of unauthorized colonies, the orders for regularization must be issued by Govt. of NCT of Delhi. They also have to coordinate and supervise the whole regularization process.

 

 

 

 

COURT'S RULING

 

On Regularization of Unauthorized Colony

 

The bench while observing the judgment of the High Court in the prior petitions filed in the years 2002 and 2010 held that the petitioners belonged to a different class of person and cannot be termed as "affluent persons". They also looked through the stand of the respondents on the before occasions, especially the 2003 affidavit filed by the Ministry of Defense that said a policy decision would be taken for regularizing the colonies. Yet the bench noticed that nothing had been done.

 

The bench also said that:"I also cannot help noticing that the petitioners are all retired defense personnel who have devoted the most productive period of their lives defending the nation's borders and performing other dangerous and difficult tasks normally performed by defense service officers."

 

Finally in the current view of this, the bench directed the respondents, Ministry of Defense, Ministry of Urban Development and NCT of Delhi to hold a meeting of functionaries who can take decisions according to the directions of the court. "The said Committee so constituted by the Secretary, respondent No. 1 is requested to take an appropriate decision as spelt out herein as per law expeditiously preferably within four months from today. The decision so taken shall be duly communicated to the petitioners." The bench held.

 

On Right to Access of Drinking Water and Basic Amenities

 

The Court counted on the case of A.P. Pollution Control Board II vs. Prof.M. V. Nayudu (Retd.) & Ors., (2001) 2 SCC 62. It was convened that the right to have access to clean drinking water is very basic to life and it is a duty of the State under Article 21 to supply clean drinking water to its citizens.

 

Hence it was announced that the petitioners could not be deprived their right to access to pure drinking water on the mere ground that it is an unauthorized colony. "The petitioners have been residing in the said area for the last 50 years and cannot continuously be deprived of this right to access to drinking and portable water." The bench summoned.

 

The Court directed Delhi Jal Board to come up with an appropriate scheme as per their normal procedure to supply portable drinking water to all the petitioners following the law. The scheme has to be framed and implemented efficiently within 9 months.

 

Case Name: Delhi Sainik Cooperation Housing Building Society Ltd. v. Union of India & Ors.

 

Date of Judgment: 11.01.2021