Can't order BMC to give 45 litres water to all: HC

Written By Unknown on Rabu, 10 September 2014 | 22.23

MUMBAI: The Bombay high court has refused to pass any directive on a plea seeking at least 45 litres of water daily for every Mumbai resident, saying the quantum depends on availability.

The prayer, in a public interest litigation, seeking that the BMC supply 45 litres of water per person per day "cannot be granted," said a division bench of Justice Anoop Mohta and Justice Amjad Sayed recently. "It is difficult to lay down a straightjacket formula and/or percentage of supplying water so provided as the same also depends on the availability and other factors."

The court was hearing a PIL filed by Pani Haq Samiti, challenging the BMC rules that allow water connections to slumdwellers only if their structures were constructed before 1995. Additional government pleader Milind More informed the court that the state government had asked the BMC in May 2014 to extend the cut-off to pre-2000 structures. The BMC said it had modified its rules accordingly in August 2014 and was making efforts to provide water connections to slumdwellers in pre-2000 structures.

The petitioner also urged the high court to order the authorities to provide 45 litres water daily to every person %in Mumbai, irrespective of %the deadline.

The court said, "Drinking water is a basic human need. It is the obligation of the state and local bodies to arrange for such amenities in accordance with law." It however added that the supply depended on other factors. "The state and local bodies need to take a policy decision to provide such facilities, including water supply connection, based on rules...(and after) considering the availability of water and its resources to provide water for domestic as well as commercial use. It all depends on the situation and time apart from availability and/or scarcity of water," said the judges.

The HC further said that the authorities should make efforts to conserve water. "All concerned must take effective steps to save and store drinking water by all possible means. They must build necessary storage/dam/tanks...for continuous supply.... A thought should be given for such arrangement to be made in the development plan by the local authorities."

(With inputs from Sujit Mahamulkar)

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