Full Judgment Text
ITEM NO.101 COURT NO.11 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 230 OF 2001
M.K. BALAKRISHNAN & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln(s) for ad-interim ex-parte stay,impleadment as party respondent)
Date: 26/03/2009 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MARKANDEY KATJU
HON'BLE MR. JUSTICE B. SUDERSHAN REDDY
For Petitioner(s) Mr. Gopal Sankaranarayanan, Adv.
Mr.Radhakrishna Kumar, Adv.
Mr. Parmanand Pandey, Adv.for
Mr. Naresh Kumar,Adv.
For Respondent(s) Mr. S.R.Singh, Sr. Adv.
Mr. Shail Kumar Dwivedi,AAG
Mr. Anuvrat Sharma, Adv.
Ms. Alka Sinha, Adv.
Mr. T.S.Doabia, Sr. Adv.
Ms. Sunita Sharma, Adv.for
Mr. B.V. Balaram Das,Adv.
Mr. Riku Sarma, Adv.for
M/s. Corporate Law Group
Mr. Avijit Bhattacharjee, Adv.
Mr. Saumya Kundu, Adv.
Ms. Kamini Jaiswal, Adv.
Ms. Pinky Behera, Adv.for
Ms. Hemantika Wahi, Adv.
Mr. Radha Shyam Jena, Adv.
Mr. Naresh K. Sharma, Adv.
Mrs. Aruna Mathur, Adv.
Mr. Vimal Dubay, Adv.for
M/s. Arputham Aruna & Co,
Mr. Khwairakpam Nobin Singh, Adv.
For State of Bihar & Ms. Sangitaa Singh, Adv.
Tripura Mr. Manish Kumar, Adv.for
Mr. Gopal Singh, Adv.
Mr. B.S.Banthia, Adv.
Mr. Manish Singhvi, AAG
Mr. Milind Kumar, Adv.
Mr. R.S.Suri, Adv.
Mr. Ranjan Mukherjee, Adv.
Ms.Sumita Hazarika, Adv.
Mr. R.Ayyam Perumal, Adv.
Mr. Anil Shrivastav, Adv.
Mr. K.N.Madhusoodhanan, Adv.for
Mr. M.K.Michael, Adv.
Mr. R.Nedumaran, Adv.
Mr. R.Shunmugasundaram, Sr. Adv.
Mr. V.G.Pragasam, Adv.
Mr. S.J.Aristotle, Adv.
Mr. Prabu Rama Subramanian, Adv.
Mr. P.V.Dinesh, Adv.
Ms. Sindhu T.P., Adv.
Mr.Tabrez Ahmad, Adv.for
Mr. Anis Suhrawardy ,Adv.
Mr. Anil Kumar Jha, Adv.
Mr. Sanjay R.Hegde, Adv.
Mr. A.Rohen Singh, Adv.
Mr. Edward Belho, Adv.
Mr. Rituraj Biswas, Adv.
Mr. P.Athuimei R. Naga, Adv.
Ms. A.Subhashini, Adv.
Mr. Manoj Saxena, Adv.
Mr. Rajnish K. Singh, Adv.
Mr. Rahul Shukla, Adv.
Mr. Sanjay V.Kharde, Adv.for
Ms. Asha G.Nair, Adv.
Mr. R.Shunmugh Sundram, Sr. Adv.
Mr. T.Harish Kumar, Adv.
Mr. Manjit Singh, AAG
Mr. Harikesh Singh, Adv.for
Mr. Kamal Mohan Gupta, Adv.
UPON hearing counsel the Court made the following
O R D E R
Let notice be issued to the Secretary, Ministry of Science and Technology,
Union of India which will file its counter affidavit within four weeks stating that
what measures are being taken to solve the water shortage problem in the country
and for implementing the recommendation of Hon'ble Mr. Justice Markandey
Katju in the decision of State of Orissa vs. Government of India & Another
reported in JT 2009 (2) SCC 233.
The application for impleadment is allowed. Let notice issue to the newly
added States.
th
List this matter on 28 April, 2009.
(Parveen Kr. Chawla)
(Indu Satija)
Court Master
[Signed Order is placed on the File]
Court Master
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION(CIVIL) NO.230 OF 2001
M.K.Balakrishnan & Others ..Petitioners
versus
Union of India & Others ..Respondents
O R D E R
Heard learned counsel for the parties.
th
Pursuant to this Court's order dated 26 February, 2009, the Chief
Secretaries, State of Haryana and Uttar Pradesh are personally present in the
Court. Their personal presence is dispensed with unless directed in future.
The present Writ Petition under Article 32 of the Constitituion of India
relates to conservation of wet lands which in our opinion would include ponds,
tanks, canals, creeks, water channels, reservoirs, rivers, streams and lakes.
Although, the writ petition as framed related to protection of wetlands in the
country for preservation of the environment and maintaining the ecology, we have
suo motu expanded its scope as mentioned below.
There is acute shortage of water in our country and one of the main
reasons for that is that most of the water
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conservation bodies in our country such as ponds, tanks, small lakes etc. have been
filled up in recent times by some greedy persons and such persons have constructed
buildings, shops etc. on the same.
Our ancestors were wise people who realised that because of droughts or
some other reasons there may be shortage of water in future and hence they made
the provision of a pond near every village, tanks in or near temples, etc.. The whole
idea behind this was that whenever there is a shortage of water due to drought etc.,
people may not suffer and they may use the water available in ponds, tanks etc.
Unfortunately, people have forgotten the wisdom of our ancestors and that is why
some greedy people for their personal interest and to make money have filled up
most of these ponds, tanks etc. and have constructed buildings thereon with the
result that in most parts of India, there is a terrible water shortage and people are
suffering terribly, particularly, in the summer season both in rural and urban areas.
When water is not available, people come to the streets and there are chakka jams
(road blocks), riots etc. to awaken the government authorities to take some
measures to make available the necessity of life to the general public called water.
In many cities, in many colonies, people get water
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for half an hour in a day and sometimes not even that e.g. in Delhi, Tamil Nadu,
Rajasthan, U.P., Northeast etc. In large parts of rural areas there is a shortage of
water for irrigation and drinking purpose. Rivers in India are drying up, ground
water is being rapidly depleted and canals are polluted. The Yamuna in Delhi looks
like a black drain. Several perennial rivers like the Ganga and Bahamputra are
rapidly becoming seasonal. Rivers are dying or declining, and acquifers are getting
over-pumped. Industries, hotels, etc. are pumping out groundwater at an alarming
rate, causing sharp decline in the groundwater levels. Farmers are having a hard
time finding ground water for their crops e.g. in Punjab. In many places there are
serpentine queues of exhausted housewives waiting for hours to fill their buckets of
water. In this connection, John Briscoe has authored a detailed World Bank report,
in which he has mentioned that despite this alarming situation there is widespread
complacency on the part of the authorities in India.
This Court in State of Orissa vs. Government of India & Another, JT 2009
(2) SC 233, in which one of us [Hon'ble Mr. Justice Markandey Katju] was a member,
while agreeing fully with the reasoning and directions of the other Hon'ble Judge on
the Bench Hon'ble Altamas Kabir, J., has recommended to the Central Government
to immediately
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constitute a body of eminent scientists in the field who should be requested to do
scientific research in this area on a war footing to find out scientific ways and means
of solving the water shortage problem in the country. It was also recommended that
the said body shall be given all the financial, technical and administrative help by
the Central and State Governments for this purpose. The help and advice of foreign
scientific experts and/or Indian scientists settled abroad who are specialized in this
field may also be taken, since the solution to the problem will not only help India
but also foreign countries which are facing the same problem, some of which may
already have progressed significantly in this area. The present known methods e.g.
distillation or reverse osmosis are very expensive. We have to find out cheaper
methods and this is possible only by scientific research on a war footing. The said
body of scientists was requested to, inter alia, perform the following tasks:
(i) to find out an inexpensive method or methods of converting
saline water into fresh water.
(ii)to find out an inexpensive and practical method of utilizing
the water, which is in the form of ice, in the Himalayas.
(iii)to find out a viable method of utilizing rain water.
(iv)to utilize the flood water by harnessing the rivers so that
the excess water in the floods, may instead of causing
damage, be
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utilized for the people who are short of water, or be stored in
reservoirs for use when there is drought.
In the said decision the Court also observed:
“42. It is indeed sad that a country like India which solved the
problem of town planning 6000 years ago in the Indus Valley
Civilization and which discovered the decimal system in
Mathematics and Plastic Surgery in Medicine in ancient times,
and is largely managing Silicon Valley in U.S.A. today has
been unable to solve the problem of water shortage till now. In
my opinion there is no dearth of eminent scientists in the field
who can solve this problem, but they have not been organized
and brought together and not been requested by the Central
and State Governments to solve this problem, nor given the
facilities for this.
43.In my opinion the right to get water is a part of right to life
guaranteed by Article 21 of the Constitution. In this
connection, it has been observed in Delhi Water Supply &
Sewage Disposal Undertaking and Anr. vs. State of Haryana
and Ors. [JT 1996 (6) SC 107; 1996 (2) SCC 572]:
“Water is a gift of nature. Human hand cannot be
permitted to convert this bounty into a curse, an
oppression. The primary use to which water is put
being drinking, it would be mocking nature to force
the people who live on the bank of a river to remain
thirsty”.....
44. Similarly in Chameli Singh & Ors. v. State of U.P. & Ors.
[JT 1995 (9) SC 380: 1996 (2) SCC 549] this Court observed:
“.....Right to live guaranteed in any civilized society
implies the right to food, water, decent
environment,
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education, medical care and shelter. These are
basic human rights known to any civilized society.
All civil, political, social and cultural rights
enshrined in the Universal Declaration of Human
Rights and Convention or under the Constitution of
India cannot be exercised without these basic
human rights”.....
In Hinch Lal Tiwari vs. Kamala Devi, AIR 2001 S.C. 3215, this Court
observed (vide paragraphs 13 and 14):
“13. It is important to note that material resources of the
community like forests, tanks, ponds, hillock, mountain etc.
are nature's bounty. They maintain delicate ecological
balance. They need to be protected for a proper and healthy
environment which enable people to enjoy a quality life which
is essence of the guaranteed right under Article 21 of the
Constitution. The Government, including revenue authorities,
i.e. respondents 11 to 13, having noticed that a pond is falling
in disuse, should have bestowed their attention to develop the
same which would, on one hand, have prevented ecological
disaster and on the other provided better environment for the
benefit of public at large. Such vigil is the best protection
against knavish attempts to seek allotment in non-abadi sites.
14.For the aforementioned reasons, we set aside the order of
the High Court, restore the order of the Additional Collector
dated February 25, 1999 confirmed by the Commissioner on
March 12, 1999. Consequently, respondents 1 to 10 shall
vacate the land, which was allotted to them, within six months
from today. they will, however, be permitted to take away the
material of the houses which they have constructed on the said
land. If respondents 1 to 10 do not vacate the land within the
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said period the official respondents i.e. respondents 11 to 13
shall demolish the construction and get possession of the said
land in accordance with law. The State including respondents
11 to 13 shall restore the pond, develop and maintain the same
as a recreational spot which will undoubtedly be in the best
interest of the villagers. Further it will also help in maintaining
ecological balance and protecting environment in regard to
which this Court has repeatedly expressed its concern. Such
measures must begun at the grass-root level if they were to
become the nation's pride.”
Let notice be issued to the Secretary, Ministry of Science and Technology,
Union of India which will file its counter affidavit within four weeks stating what
measures are being taken to solve the water shortage problem in the country and for
implementing the recommendation of Hon'ble Markandey Katju, J. in the aforesaid
decision in State of Orissa vs. Government of India & Another, JT 2009 (2) SC 233.
The application for impleadment is allowed. Let notice issue to the newly
added States.
th
List this matter on 28 April, 2009.
........................J.
[MARKANDEY KATJU]
NEW DELHI; ........................J.
MARCH 26, 2009. [B.SUDERSHAN REDDY]