The Karnataka High Court has dismissed a Public Interest Litigation (PIL) filed challenging the State Government order dated 27.08.2008 approving 20 projects, including the project proposed by Karnataka Urban Water Supply and Drainage Board for supply of drinking water from Markandeya Tank to villages of Malur Taluk.
The petitioners are residents of Kondahalli, Budikote, Hukkunda and Marandahalli villages of Budikote Hobli, Bangarpet Taluk, Kolar District claimed that farmers of Budikote Hobli have a right to utilize the water from Markandeya Tank and therefore, the water from the tank cannot be utilized in a manner which infringes the vested / accrued rights of the farmers of Budikote Hobli.
It is averred in the petition that the project if implemented would violate the right of the villagers under Article 21 of the Constitution of India and the same has been undertaken without any feasibility/ study report. The petitioners have termed the project which has been undertaken for supply of drinking water for the public in general as arbitrary and has stated that the same suffers from the vice of non-application of mind.
The Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty while considering the PIL observed that it is trite law that right to access to drinking water is fundamental to life and the State is under a Constitution obligation to provide clean drinking water to its citizens, A.P. POLLUTION CONTROL BOARD II v. PROF. M.V. NAYUDU – (2001) 2 SCC 62. Similar view has been taken by the Hon’ble Supreme Court in NARMADA BACHAO ANDOLAN v. UNION OF INDIA (2000) 10 SCC 664.
The Government of India in order to augment the water development scheme and to provide for portable drinking water to rural population has framed guidelines namely Rajiv Gandhi National Drinking Water Mission. It has been stated in the statement of objections that Kolar District is a water starved district. The farmers for cultivation of their lands and also to avail of water for drinking purposes had dug a large number of borewells. The Department of Mines and Geology conducted a survey and in the report dated 20.05.2007, it was found out that level of iron, fluorides and nitrates is high in the borewell water and is therefore, unfit for human consumption. In view of demands made by the villagers and with a view to provide pure drinking water to the villagers, a scheme was prepared for providing drinking water to the villagers of 184 villages from Markandeya Tank which is built on Dakshinapinakini River. The Government of Karnataka sought a report from the Chief Engineer, Water Resources Department, to ascertain whether there is any surplus water available in Markandeya tank to provide drinking water to the villagers of 184 villages. The Chief Engineer thereupon submitted a report on 02.07.2008 to the State Government stating that total available water is 553.61 MC ft. and the water which is utilized by the farmers is only 448.69 MC ft. In the report, it was stated that surplus water of 100.10 MC ft. of water can be utilized for drinking purposes.
The State Government constituted a State Level Empowered Committee. The said Committee in its meeting held on 01.10.2007 and 08.12.2007 approved 66 water supply schemes for providing pure drinking water to the villagers. The proposal for supply of pure drinking water in 184 villages of Malur Taluk was also discussed. Thereafter, the proposal for supply of drinking water to the villagers of 184 villages from Markendeya Tank was approved on 27.08.2008. The work of the project was entrusted to the engineering department of Zilla Panchayat, Kolar. The Executive Engineer of Zilla Panchayat issued a notification on 10.07.2008 by which tenders were invited, the Court noted.
Thereafter, by an order dated 25.10.2008, the contract for a total sum of Rs 40.10 crore was granted to a company. In pursuance of the aforesaid order, the civil work of project in question has been completed in January 2013 and one zone of the project is being utilized for supplying drinking water to villagers.
Thus from the above narration of facts, the Bench held that the project for supply of drinking water to the villagers has been undertaken without adversely affecting the rights of the farmers who seek water from Markandeya Tank. Only surplus water to the extent of 104.92 MC ft. has been utilized for the purposes of providing pure drinking water to the villagers on the basis of the scheme formulated by the Government of India. The contention that the project has been undertaken against the public interest is misconceived, the Court held.