Bombay High Court
Amitsingh Ranjeetsingh Mohane ... vs The State Of Maharashtra And Ors on 10 November, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2060 OF 2008
01 Amitsingh s/o Ranjeetsingh Mohane,
age: 28 years, Occ: Advocate,
R/o Aakashganga, House No.14,
Sambhaji Nagar, Jalna.
02 Vijay s/o Ranchoddas Vaishnav,
age: 37 years, Occ: Social worker/
Pujari, R/o Kadrabad, Jalna.
03 Abhaykumar s/o Baliram Yadav,
age: 45 years, Occ: Social Worker/
Reporter, R/o Rehmanganj, Jalna. Petitioners
Versus
01 The State of Maharashtra,
through the Secretary,
Urban Development Department,
Mantralaya, Mumbai-32.
02 The Municipal Council, Jalna,
through its Chief Executive Officer.
03 The Collector, District Jalna.
04 The Executive Engineer,
Maharashtra Jeevan Pradhikaran,
Jalna, Survey No.488,
Opp. Police Head Quarter, Jalna.
05 The Union of India,
through the Secretary,
Urban Development Department,
Nirman Bhavan, New Delhi. Respondents
Mr.Pradeep Deshmukh, advocate holding for Mr.H.A.Joshi and
Ms.Pratibha H. Suryawanshi, advocate for petitioners.
Mr.A.R.Kale, A.G.P. for Respondents No.1 & 3.
Mr.G.K.Naik Thigle, advocate for Respondent No.2.
Mr.D.P.Bakshi, advocate for Respondent No.4.
Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.5.
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CORAM : R.M.BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 10th November, 2017
ORAL JUDGMENT (Per R.M.Borde, J.):
1 In the instant petition, issue relating to public importance
i.e. distribution of supply of potable water to the residents of Jalna city,
is a matter of consideration. Petitioners are praying for issuance of
directions to Respondent No.2 - Jalna Municipal Council for making
arrangement to supply potable water to residents of Jalna city regularly
at least to the extent of 160 liters per day.
2 It is a matter of recent past that there was acute scarcity of
water in Jalna city and residents were supplied water once in a month
by the Jalna Municipal Council. It is informed that after laying down
new pipe line for water supply from Jayakwadi Project, the situation has
improved and at present the Municipal Council is regularly supplying
water twice in a week. In fact, Respondent No.2 shall have to ensure
regular supply of water at least once a day and necessary steps are
required to be undertaken in that direction.
3 Learned Counsel appearing for the petitioners informs that
even after completion of water supply pipe line connecting Jayakwadi to
Jalna, on account of old and worn out water distribution system, the
residents are not supplied with potable water in uniform measure and
regularly.
4 It is not a matter of dispute that the underground water
distribution network was laid in Jalna city way back in 1936 and as
such the same was required to be repaired time and again to keep the
same functional. The old network, which is more than 75 years old, is
required to be replaced and according to the learned Counsel for
Respondent-Municipal Council, steps have been taken for removal of
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deficiencies and for setting up of proper network for local distribution of
water. It is informed that a project is undertaken for enhancing and
refurbishing water distribution system at an estimated cost of more than
Rs.120 crores. It is also informed that tender work has been allotted in
the month of June 2016 and the Contractor appointed by the Municipal
Council has already commenced the tender work. It is further informed
that 40% of the tender work is almost complete within the time
stipulated under the agreement and remaining work would be
completed. It is further informed by the learned Counsel for the
Respondent-Municipal Council that after completion of work undertaken
by the Municipal Council, there would be no technical difficulty in
regular supply of water every day.
5 In view of the assurance given by the Counsel appearing for
Respondent No.2 and since we are satisfied that adequate steps have
been taken for ensuring regular supply of water to the residents of Jalna,
the purpose of the instant writ petition, is met. In the event of
occurrence of any fresh cause or noticing any deficiency, it would be open
for the petitioners or any other aggrieved party to take appropriate steps
as permissible in law for redressal of their grievance.
6 In view of the aforesaid directions, instant writ petition is
allowed to the extent as above.
Rule is made absolute in aforesaid terms. No costs.
Pending Civil Applications, if any, do not survive and stand
disposed of.
SMT.VIBHA KANKANWADI R.M.BORDE
JUDGE JUDGE
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