A division bench of Justice Abhay Oka and Justice A S Gadkari granted interim relief in a public interest litigation filed by Pani Haq Samiti. The NGO contended that providing water is integral to Article 21 ( Right to Life) of the Constitution and that no State agency or instrumentality can deny water supply to a citizen who occupies illegal hutments after January 1, 2000. The judges said Right to Life includes right to food and water and State cannnot deny water to a citizen on the ground that he is residing in a structure illegally. They rapped "all concerned authorities" for their "failure" to prevent illegal hutments in the city and to take action against them.
The bench said even if water is provided to a person who occupies an illegal structure, it does not create equity in his favour and does not affect the illegal nature of the structure. The judges noted that even electricity is being provided to illegal slums. They observed that a person staying in an illegal structure cannot claim right on par with a law-abiding citzien who is occupying authorised premises. BMC is directed to provide water on payment of charge at higher rates than those given to authorised premises.
The judges have directed BMC to formulate a policy as expeditiously as possible and by end of February 2015. They made it clear that not withstanding their order, the BMC shall be under an obligation to take action including for demolition of slums not protected after January 1, 2000. BMC is also directed to take action against officers designated with the task of ensuring that slums do not come up following an amendment in the BMC Act. Besides a compliance report, the civic body has to file an affidavit stating the manner in which it is going to prevent construction of such illegal slums and the steps it will take for demolishing them.
http://timesofindia.indiatimes.com/followceleb.cms?alias=right to life,Constitution,Brihanmumbai Municipal Corporation,Bombay high court
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