W.P. NO.6672/2005 (PIL)
29.11.2010.
Case is called out but none responded on behalf of the
petitioner.
Shri P.R. Bhave, learned Senior Counsel along with Shri
B.P. Yadav, Advocate for the respondents No.3 to 5.
We have perused the record.
In the instant writ petition filed as a public interest litigation
the petitioner has alleged that the inhabitants of New Anand Nagar
Housing Board Colony situated at Adhartal within the city of
Jabalpur are facing serious inconvenience due to lack of basic
amenities such as constant supply of electricity, pure drinking
water, drainage, sewerage and poor condition of roads etc..
The petitioner claims to be the President of New Anand
Nagar Kalyan Samiti formed by the residents of the locality. It has
further been stated that the New Anand Nagar Housing Board
Colony, Adhartal was developed by the M.P. Housing Board,
Jabalpur. It has been alleged that basic amenities such as proper
supply of pure drinking water, electricity, drainage and roads etc.
have not been provided in the aforesaid Colony, which causes a lot
of inconvenience to the residents of the Colony. In these
circumstances the petitioner has prayed for issuance of directions
commanding the respondents to supply pure drinking water and
electricity, and also to maintain drainage, sewerage and roads etc.
of the Colony so that the people of the locality can lead a decent
and healthy life.
The respondents No.3 to 5 have filed common return
wherein it has been stated that steps have already been taken for
providing regular supply of drinking water to the inhabitants of the
Colony. It has further been stated that the road conditions are
being improved. Steps to remove encroachments over the roads
have also been initiated. It has been stated in the return that the
respondents to the best of their ability and resources are doing all
the needful to provide basic amenities to the residents of the
Colony for more than 20 years. It has further been stated that six
employees are looking after the maintenance of sewer lines,
manhole chamber and septic tanks and four persons are deputed
to look after the supply of water. It has further been stated that the
respondents have constructed cement roads and have also dug
three bore-wells 500 ft. deep to provide good quality of water to the
residents of the Colony regularly. It has also been stated in the
return that tube-well water is being checked regularly in the District
Laboratory and it is found fit for drinking purpose. A copy of the
report, dated 27-8-2004 is enclosed as Annexure-R-3/1 in the
return. It has further been disclosed in the return that about 150
persons have made encroachment upon the premises in question
and for that purpose notices have been issued to the encroachers
and steps have been taken to remove the encroachment. It has
also been stated that a complaint register is made available in the
office. Whenever any complaint is received, employees of the
respondents No.3 to 5 immediately visit the spot and take steps for
necessary repair and to remove defects.
On the other hand, the petitioner has not filed any rejoinder
controverting those statements made in the return.
Shri P.R. Bhave, learned senior counsel, appearing for the
respondents No.3 to 5, however, stated before us that all
necessary steps have been taken to provide necessary basic
amenities to the residents of the Colony. He further assured the
Court that in future too, the respondents shall make all endeavour
to maintain the supply of pure drinking water to the residents of the
Colony and other basic amenities such as roads, sewerage and
sanitation etc. so that they can lead a decent healthy life.
Admittedly, the aforesaid Colony was developed by the M.P.
Housing Board and, therefore, it is the duty of the respondents
No.3 to 5 to provide basic amenities to the residents of the area.
In Consumer Education and Research Centre vs. Union
of India, (1995) 3 SCC 42 the Apex Court in paragraph 22 has
observed that expression `life’ assured in Article 21 of the
Constitution does not connote mere animal existence or continued
drudgery through life but it includes the quality of life as understood
in its richness and fullness by the ambit of the Constitution. The
Apex Court while taking note of the expression of the word `life’
under Article 21 of the Constitution of India further observed that it
has much wider meaning which includes right to livelihood, better
standard of living, hygienic conditions in the workplace and leisure.
Therefore, non-providing of basic amenities in the residential
colony by the concerned authority or the agency would be violative
of Article 21 of the Constitution of India.
In State of Himanchal Pradesh and another vs. Umed
Ram Sharma and others, (1986) 2 SCC 68 the Apex Court in
paragraph 11 observed that there should be road for
communication in reasonable conditions in view of our
constitutional imperative and denial of that right would be denial of
the life as understood in its richness and fullness by the ambit of
the Constitution.
In view of the enunciation of law by the Apex Court the basic
amenities to the residents of the area are to be provided, otherwise
it would be violative of the rights enshrined in Article 21 of the
Constitution of India. However, in view of the assurance given on
behalf of the respondents No.3 to 5 through their learned Senior
Counsel that all possible basic facilities/amenities are being
provided and respondents shall continue to provide in future also to
the residents of the Colony, we are of the view, that no purpose
would be served by keeping this matter further pending and it
would be appropriate to dispose of the instant writ petition at this
stage with the direction to the respondents to provide all necessary
basic amenities to the residents of the area in question, and they
shall maintain roads, drainage and sewerage etc. including supply
of potable water.
With the above directions, the writ petition stands finally
disposed of.
(S.R. Alam) (R.K. Gupta)
Chief Justice. Judge
ac.