Bombay High Court issues notices to PMC, ZP, PCMC, PMRDA to provide water to citizens

The PIL regarding water problem faced by the residents of urban areas of Pune District was heard by the Division Bench headed by Justice S V Gangapurwala and Justice R N Laddha at Bombay High Court on October 17, 2022.

The high court has issued notices to various government bodies such as Union of India, Department of Water Resources, Central Ground Water Board, State of Maharashtra – Water Resources Department, Maharashtra Jeevan Pradhikaran, Maharashtra Water Resources Regulatory Authority, Pune Municipal Corporation, Pimpri Chinchwad Municipal Corporation, Pune Metropolitan Region Development Authority, Zilha Parishad Pune.

The bench took cognizance of the water problem faced by the residents of urban areas of Pune District and have issued notice to the respondents, mainly the Pune Municipal corporation, Pimpri Chinchwad Municipal Corporation, PMRDA and Pune Zilla Parishad among others. The respondents have been directed to file their statement by 29.11.2022.

On behalf of the Petitioners, Satya Muley, Advocate Bombay High Court, brought to the notice of the Division Bench of the Bombay High Court that all the dams and reservoirs in the Pune District are full of water at 100% capacity, but the water does not reach the residents of Pune district through the water pipelines and taps of PMC and PCMC. It was also highlighted that the water however reaches through the private water tankers.

Muley further said, “It is important to note that even after giving prior intimation to the PMC and PCMC about the pre-scheduled hearing at the Bombay High Court, these authorities chose to remain absent at the hearing and this shows their lack of interest towards solving the water problem faced by the residents of urban areas of Pune District.”

Untreated, unexamined water causing health hazards :

Example of Baner and Balewadi region was cited by Advocate Satya Muley to mention that the unchecked water received through private water tankers has resulted in health hazard to the residents and the children are vomiting, and many others are facing skin and hair fall problems.

Citizens are deprived of Per capita per day water too :

As per Ministry of Housing and Urban Affairs, 135 liters per capita per day (lpcd) has been suggested as the benchmark for urban water supply. The situation is so bad that in several areas of Pune residents are not getting even 20 litres of water supply per head per day.

Citizens forum who have filed PIL seeking relief from Bombay high Court :

The Petitioners, Wagholi Housing Societies Association, Pune District Co-operative Housing Societies And Apartments Federation, Akhil Bharatiya Grahak Panchayat, Pimpri – Chinchwad Co-operative Housing Welfare Societies Federation Ltd., Baner – Pashan Link Road Welfare Trust, Balewadi Residency Co-operative Housing Welfare Federation Ltd., Dear Society Welfare Association, Bavdhan Citizens Forum, Hinjawadi Employees and Residents Trust, Aundh Vikas Mandal, and Association of Nagar Road Citizens Forum noting the outcry in the residents of all urban areas of Pune District due to water scarcity had filed the current PIL at Bombay High Court.

Baner- Balewadi, Wagholi, Hinjawadi, Bavdhan, Pashan, Pimpri-Chinchwad, Wakad, and many regions of Pune district are facing severe water crunch and the urban areas are now under the strong grip of private water tanker mafia. As per one estimate the Housing Societies in Pune district are spending over 300 to 400 crores per month to purchase daily need water from private water tanker operators. Does this figure provide the reason behind the artificial water scarcity in Pune District ? People are forced to spend money for water in urban areas of Pune district.

Ministers and Commissioners are aware of the problems faced by citizens, but lack action :

It is very surprising that even the Guardian Minister, The Municipal commissioners of PMC and PCMC are aware of the problem and no concrete action is seen to be taken and no immediate relief is offered to the residents.

Speaking on behalf of the Petitioners, Muley said ‘Water is a basic necessity of life, and the current state of water supply situation in urban areas of entire Pune district is pathetic. The PMC, PCMC, PMRDA and the Pune Zilla Parishad should stop giving permissions for new constructions if they are not able to provide water to the existing residents of Pune district. When a problem is existing and known, then in such a case these authorities do not have right to make the problem bigger. Before giving any fresh permission to any new construction, these authorities must attack and solve the water scarcity problem on war footing. People are losing their patience and as a last hope they have approached the Bombay High court, and if need be, the matter shall go till the Supreme Court but this time we shall fight till the problem is attended with a long term and sustainable solution. Supply of fresh potable water is a Constitutional responsibility of all the local bodies under Article 243W of the Constitution of India and under the S 63 (20) of Maharashtra Municipal Corporations Act. Article 21 of the Constitution of India guarantees right to life, and water means life!’

Advocate Satya Muley was assisted by Manasvi Sonawane in the Water PIL. PIL 126/2022.