Failure To Provide Drinking Water To Residents Of Approved Colonies: Rajasthan HC Initiates Contempt Proceedings
The Rajasthan High Court initiated Contempt Proceedings against State Government officials after taking note of the failure to provide drinking water to the residents of approved colonies in the second largest town of the State of Rajasthan.
The residents of Ansal Sushant City (Colony) had filed a PIL to raise an elementary issue of drinking water facilities for the colonies lawfully approved by the Jodhpur Development Authority (JDA).
The Court remarked that the residents of the colonies were forced to come to the Court for a problem as simple as that of drinking water.
The High Court, earlier in 2021, had already directed JDA to find a holistic solution for the issue of non-supply of drinking water by the Public Health Engineering Department (PHED). The direction was given keeping into consideration that the colonies in question were inhabited by a large number of persons and drinking water was an essential requirement.
A Division Bench of Justice Pushpendra Singh Bhati and Justice Madan Gopal Vyas observed, “It is a matter of shame for the respondents who claim to have an exhaustive infrastructure for the town but have failed to provide even the basic facility to the common citizens who are under the impression that they are going to enter into a colony which has been duly approved by the JDA and has all the requisites in place since 2006 and though almost 18 years have passed yet have not been provided with a drinking water.”
Advocate Deen Dayal Chitlangi represented the petitioner, while AAG Praveen Khandelwal appeared for the respondents.
Despite the exhaustive directions given by the Court, the government authorities were not able to provide the residents of the colonies with a basic need for drinking water, which was a fundamental right of the citizens as enshrined in Article 21 of the Constitution of India.
“It is out of the extreme miseries that a citizen is facing i.e. non-supply of drinking water,” the Court stated.
The Court remarked, “The details of the meeting in an affidavit filed by the respondents is nothing but a sham in the eye of law and is nothing but cheating the common man as the concerned authorities continue to delay (dillydally) the issue of drinking water, despite a passage of 18 years.”
The Court held that the failure of the State authorities despite repeated directions given to provide a solution amounted to contempt of the Court.
The Court initiated contempt proceedings against the officers of government departments, which included PHED and JDA, since they “deprived the residents of their fundamental right i.e. Right to access to drinking water as enshrined under Article 21 of the Constitution of India.”
Accordingly, the High Court set a date for further hearing in the month of April.
Cause Title: All Residents Of Ansal Sushant City v. The State Of Rajasthan & Ors. (Neutral Citation:)
Appearance:
Petitioner: Advocates Deen Dayal Chitlangi, Sushil Bishnoi, Awardan Ujjwal and Devendra Singh
Respondents: AAG Praveen Khandelwal; JDA Rajat Dave; Advocate Kuldeep Kumar Shah