Karnataka High Court

Ramesh Naik L vs State Of Karnataka on 28 May, 2025

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 28TH DAY OF MAY, 2025            R
                         PRESENT

       THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

                            AND

           THE HON'BLE MR. JUSTICE K. V. ARAVIND

         WRIT PETITION No.9911 OF 2024 (GM-RES-PIL)

BETWEEN:

1.     RAMESH NAIK L.,
       S/O. LATE LAKSHMAN NAIK. R,
       AGED ABOUT 42 YEARS,
       KADARANAHALLI THANDYA,
       URDIGERE HOBLI,
       TUMKUR TALUK AND DISTRICT-572 140,
       ADVOCATE BY PROFESSION AND AGRICULTURIST,
       AADHAAR 755392714477,
       MOBILE 9538631572,
       EMAIL:[email protected],
       PAN ACFPL5708F.
                                           ...PETITIONER

(BY SRI RAMESH NAIK L., PARTY-IN-PERSON)

AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY CHIEF SECRETARY,
       GOVERNMENT OF KARNATAKA,
       ROOM No. 320,
       3RD FLOOR, VIDHANA SOUDHA,
       BANGALORE-560 001,
       PHONE NO. 080 22252442,
       EMAIL:[email protected].

2.     STATE OF KARNATAKA,
       THROUGH ITS ADDITIONAL CHIEF SECRETARY
       TO GOVERNMENT,
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     URBAN DEVELOPMENT DEPARTMENT,
     GOVERNMENT OF KARNATAKA,
     ROOM No. 436, VIKASA SOUDHA,
     BANGALORE-560 001,
     PHONE:080 22253958.

3.   STATE OF KARNATAKA.
     THROUGH ITS PRINCIPAL SECRETARY
     TO THE GOVERNMENT
     DEPARTMENT OF RURAL DEVELOPMENT
     AND PANCHAYAT RAJ,
     GOVERNMENT OF KARNATAKA,
     3RD GATE, 3RD FLOOR,
     M.S. BUILDING, Dr. AMBEDKAR VEEDHI,
     BENGALURU-560 001,
     PHONE:080 2032754.
     EMAIL:[email protected]
     [email protected].

4.   DEPUTY COMMISSIONER,
     RAICHUR DISTRICT,
     DC OFFICE, SAATH KACHERI,
     RAICHUR-584 101.
     PHONE:08532-229011.

5.   DEPUTY COMMISSIONER,
     CHITRADURGA DISTRICT,
     DC OFFICE, ONAKE OBAVVA CIRCLE,
     CHITRADURGA-577 501,
     PHONE:08194-222538.

6.   DEPUTY COMMISSIONER,
     TUMKUR DISTRICT,
     DC OFFICE, MINI VIDHANA SOUDHA,
     TUMKUR-572 101,
     PHONE:0816-2272480.

7.   CHIEF EXECUTIVE OFFICER,
     ZILLA PANCHAYAT,
     TUMKUR DISTRICT, B.H. ROAD,
     TUMKUR-572 102,
     PHONE:0816 2272898.
                                             ...RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R6;

R7 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE APPROPRIATE WRIT/ DIRECTION/ ORDER TO THE RESPONDENTS TO TAKE APPROPRIATE AND NECESSARY ACTION TO ADDRESS THE RECURRING CONTAMINATION OF DRINKING WATER ISSUE IN THE MIDDLE AND NORTHERN DISTRICTS AND TUMKUR DISTRICT OF KARNATAKA AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM:     HON'BLE THE CHIEF JUSTICE MR. JUSTICE
           N. V. ANJARIA
           and
           HON'BLE MR. JUSTICE K. V. ARAVIND

                       C.A.V. JUDGMENT

          (PER: HON'BLE MR. JUSTICE K. V. ARAVIND)

Heard Sri. L. Ramesh Naik - petitioner/party-in-person and

learned Additional Government Advocate Smt. Niloufer Akbar for

respondent Nos.1 to 6.

2. The present writ petition has been filed styling it as a public

interest litigation, seeking a direction to the respondents to take

appropriate and necessary action in respect of the contamination of

drinking water in Tumakuru District, Karnataka. A further prayer

has been made for issuance of a direction to the respondents to

undertake a review of the drinking water sources and to ensure

timely maintenance of pipelines and water storage facilities.

3. As stated, the petitioner is a public-spirited individual and an

Advocate by profession. It is submitted that the petitioner was

previously employed as a Software Engineer and is also engaged

in agricultural activities. He is a resident of Tumakuru District.

However, he asserts that he has no personal interest, individual

gain, or private motive in filing the present public interest litigation.

The petition is stated to have been filed in the interest of the public,

for the welfare and benefit of the residents of various districts in the

State of Karnataka who are allegedly affected by the contamination

of drinking water.

4. It is stated that there is neither proper maintenance nor

adequate supply of drinking water and related facilities. The

residents of various districts are facing acute hardship due to the

lack of access to safe drinking water. It is alleged that the drinking

water being supplied contains excessive levels of fluoride and is

otherwise contaminated. Such contamination is stated to have

adversely affected the health of the local population. Despite

representations made to the concerned authorities, no effective

response or remedial action has been forthcoming. The petitioner,

having no other efficacious remedy due to the inaction of the

respondent authorities, has approached this Court by way of the

present writ petition.

5. Learned party-in-person, Mr. Ramesh L. Naik, submits that

several districts in the State are suffering due to the inadequate

and unsafe supply of drinking water. It is submitted that the water

being supplied by the respondent authorities is not suitable for

human consumption, as it is neither properly treated nor free from

contamination. The contamination, it is contended, is primarily due

to improper treatment and either non-maintenance or poor

maintenance of the water supply infrastructure, including pipelines

and water storage facilities.

6. Learned party-in-person submits that every individual has a

fundamental and statutory right to safe and clean drinking water. It

is contended that the failure of the State to ensure the supply of

quality drinking water amounts to a violation of the fundamental

right to life guaranteed under Article 21 of the Constitution of India.

The respondent-State, by its inaction, has failed to discharge its

constitutional obligations. In light of the above submissions, the

learned petitioner prays for issuance of appropriate directions to

the respondent authorities.

7. Learned Additional Government Advocate, Ms. Niloufer

Akbar, referring to the statement of objections, submits that

Tumakuru District comprises ten taluks. It is submitted that the

District faces water scarcity due to the absence of a direct water

source. To address this, water is drawn from the Hemavathy Canal

into feeder lakes, from where it is lifted and pumped to the

treatment plant using jack wheels. The raw water is scientifically

treated at these plants to make it suitable for drinking and human

consumption. Thereafter, the treated water is stored in

underground tanks and pumped to overhead tanks for distribution.

However, it is stated that the aforesaid arrangement is currently in

place only within Tumakuru Urban District.

8. Insofar as Tumakuru Rural District is concerned, it is

submitted that there is no source of surface water, such as a river

or lake, available in the region. Consequently, drinking water is

supplied through borewells. The water drawn from borewells is

pumped to overhead tanks and subsequently distributed, with such

arrangements being facilitated by the respective Grama

Panchayats. It is further submitted that, in order to ensure the

quality of drinking water, Reverse Osmosis (RO) plants with a

capacity of 5,000 litres have been installed. Members of the public

are permitted to collect drinking water directly from these RO

plants.

9. It is further submitted that in the six taluks of Chitradurga

District, drinking water is supplied from Shanthisagara and

Vanivilas Dams, which have been constructed across the

Vedavathy River. It is submitted that in the event of any shortfall in

water supply from the dams, the deficit is supplemented through

borewells.

10. Insofar as the Chitradurga Rural District is concerned, it is

submitted that, in addition to the supply of water from

Shanthisagara Lake, water is also sourced through borewells.

These borewells are connected to the respective villages and are

maintained by the concerned Grama Panchayats. Depending on

the requirement, overhead tanks have been constructed, from

which water is distributed to individual households.

It is further stated that Reverse Osmosis (RO) plants have

been installed in rural areas to purify the water drawn from

borewells. These RO plants have a filtration capacity of 1,000 litres

per hour.

11. Insofar as Raichur Rural District is concerned, it is submitted

that, in addition to reiterating the sources of water supply, the water

treatment plants and storage tanks are maintained periodically and

in a scientific manner. Learned Additional Government Advocate

further submits that, whenever instances of contamination are

reported, sufficient guidelines are in place for testing the water

quality and initiating appropriate remedial measures. It is further

submitted that the supply of drinking water and treatment of

wastewater are governed by the State Water Policy, 2022, which is

presently under implementation.

12. Having considered the submissions made by the learned

party-in-person and the learned Additional Government Advocate,

it is pertinent to note that Article 21 of the Constitution of India

guarantees every person the right to life and personal liberty. The

right to life has been judicially interpreted to include the right to

basic amenities, including safe and clean drinking water. As

enumerated in Schedule VII, List II, Entry 17 of the Constitution, the

supply of water is a duty and obligation of the State. It is, therefore,

a constitutional function of the State to ensure the provision of

drinking water, suitable for human consumption, to all parts of the

State. Failure on the part of the State to discharge this obligation

not only constitutes a dereliction of its constitutional duties but also

results in the deprivation of the fundamental right to life of citizens.

Depriving a citizen of safe drinking water is akin to denying the

essence of life guaranteed by the Constitution.

13. The Hon'ble Supreme Court in Narmada Bachao Andolan

Vs. Union of India and Others ([2000]10 SCC 664) has held that,

water is the basic need for survival of human beings and is part of

the right to life and human rights as enshrined in Article 21 of the

Constitution of India and can be served only by providing source of

water where there is none. It is relevant to quote the unanimous

resolution of UNO in 1977 to which India is a signatory, during the

United Nations Water Conference. The said resolution is as under,

"All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs."

The Hon'ble Supreme Court in Vedanta Limited Vs. The State of

Tamil Nadu and Others in Civil Appeal Nos.276-285 of 2021

[2024 INSC 175] held as under,

"28. It is an undeniable and fundamental truth that all persons have the right to breathe clean air, drink clean water, live a life free from disease and sickness, and for those who till the earth, have access to uncontaminated soil. These rights are not only recognized as essential components of human rights but are also enshrined in

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various international treaties and agreements, such as the Universal Declaration of Human Rights, the Convention on Biological Diversity, and the Paris Agreement. As such, they must be protected and upheld by governments and institutions worldwide, even as we generate employment and industry. The ultimate aim of all our endeavours is for all people to be able to live 'the good life.' Without these basic rights, increased revenue and employment cease to have any real meaning. It is not merely about economic growth but about ensuring the well-being and dignity of every individual. As we pursue development, we must prioritize the protection of these rights, recognizing that they are essential for sustainable progress. Only by safeguarding these fundamental rights can we truly create a world where everyone has the opportunity to thrive and prosper."

14. Learned party-in-person, in the pleadings, has brought

before this Court certain instances of water contamination.

Additionally, a few instances of improper supply of drinking water

have also been pleaded. In response, the State has suitably

addressed these grievances by explaining the measures taken to

remedy the situation. The State has further elucidated the sources

of water supply and the treatment mechanisms employed prior to

distribution for human consumption. It is submitted that the process

of water supply involves treatment of water sourced from dams,

which is thereafter stored in overhead tanks before being supplied

to households. In areas where the water supply is dependent on

borewells, Reverse Osmosis (RO) plants have been installed in

villages and urban localities, from which individuals may draw

drinking water. The maintenance of RO plants in rural areas is

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entrusted to the Panchayats, while in urban areas, it is overseen by

the local bodies.

15. Learned party-in-person has not disputed the factual aspects

placed by the State in its reply. However, he submits that the

contamination of water is attributable to either non-maintenance or

poor maintenance of facilities such as pipelines and storage tanks.

Learned party-in-person further submits that, while only a few

specific instances have been brought before this Court, similar

failures and deficiencies in the supply of pure drinking water persist

across the State. Accordingly, he prays that this Court may issue

appropriate guidelines to address and remedy the grievances of

affected individuals throughout the State.

16. This Court is inclined to accept the said submission and

holds that the directions to be issued shall be applicable to and

require compliance by the respondent authorities across the State.

When the Court is inclined to entertain a cause that is brought in

the larger public interest, the Court is duty bound to provide a

remedy throughout its territorial jurisdiction, even if the pleadings

pertain to a particular locality or district. Failure to undertake such

an exercise would lead to multiplicity of proceedings and may result

in depriving individuals of their fundamental right to life guaranteed

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under Article 21 of the Constitution of India. It is the solemn duty of

this Court to safeguard and protect the constitutional rights of every

individual.

17. The State has a fundamental duty to supply drinking water fit

for human consumption. Access to clean water is not charity, it is

a constitutional promise woven into the fabric of fundamental rights.

As observed above, every individual's right to life encompasses the

right to access pure and safe drinking water. The State, in its

statement of objections, has placed on record relevant statistics

pertaining to the supply of water. The supply of water and the

maintenance of related facilities constitute executive functions

involving budgetary concerns, which ordinarily are not subject to

detailed scrutiny in the course of judicial review. The mechanism

for the supply of water, as explained by the State, appears to be

reasonable. No contrary material has been placed before this Court

warranting further consideration or directions on this aspect.

18. The contention that contamination of drinking water arises

due to failure in maintaining the facilities is a matter of serious

concern, which persuades this Court to examine the issue in detail.

The mere establishment of infrastructure for the supply of drinking

water does not absolve the State of its constitutional obligation

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unless such infrastructure is maintained periodically and

scientifically to ensure the continuous supply of pure and safe

drinking water. The infrastructure for water supply, as stated,

includes purification plants, underground tanks, overhead tanks,

pipelines, borewells, and Reverse Osmosis (RO) plants. All these

facilities require timely and scientific maintenance.

19. While the State has furnished details regarding the existing

infrastructure for drinking water supply, there is a conspicuous

absence of information or material relating to the maintenance of

such facilities. Even if the infrastructure is in place, the failure to

maintain it, thereby depriving individuals of access to pure drinking

water, amounts to a failure on the part of the State to discharge its

constitutional obligations.

20. When the State functionaries fail in the discharge of their

constitutional duties, it is incumbent upon this Court to protect and

uphold the fundamental rights conferred upon individuals by the

Constitution of India and to ensure that the State performs its

constitutional obligations effectively. In this regard, this Court is

inclined to issue appropriate directions.

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21. It is a matter of common knowledge and everyday

experience that underground tanks, overhead tanks, and Reverse

Osmosis (RO) plants require periodic and scientific maintenance. If

similar facilities in individual households necessitate such regular

upkeep to remain functional and safe, there is no reason why

public facilities of a similar nature should be exempt from periodic

scientific maintenance.

22. The infrastructure facilities require regular maintenance, and

the directions in respect of each such facility are as follows:

Purification plants.

22.1 It is stated by the State that water lifted from the dam is

pumped to treatment plants, where it is treated before being

supplied for human consumption. There is no doubt that treatment

plants require scientific and periodic maintenance to ensure proper

functioning. The treatment of water shall be as per the standard

scientific norms and formula. The State Government shall maintain

detailed records of the scheduled maintenance activities and the

nature of such maintenance. These records shall be preserved

systematically and produced before this Court as and when called

for. It is needless to emphasize that the foregoing requirements

and directions shall apply to all treatment plants across the State.

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Underground and Overhead tanks

22.2 There can be no doubt that poor maintenance of

underground and overhead tanks used for the storage of drinking

water leads to contamination. Such tanks require periodic

maintenance, including thorough cleaning and chemical treatment.

While the existence of underground and overhead tanks for water

supply has been acknowledged by the State in its response, there

are no details on record regarding the maintenance of these tanks.

22.3 The State and its authorities shall undertake periodic

maintenance of these tanks in a scientific manner to ensure that

the water stored therein is not contaminated. Detailed records of

such maintenance shall be maintained by the State and its

authorities and produced before this Court when called for. Further,

the State shall issue guidelines specifying the scientifically

determined periodic intervals required for the maintenance of

underground and overhead tanks. The maintenance shall be

carried out strictly in accordance with these prescribed intervals.

Pipelines and bore wells.

22.4 The contamination of drinking water from pipelines is alleged

to be caused by leakages. There can be no doubt, nor does it

require further evidence, that leakages in pipelines permit the entry

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of foreign substances into the water supply, thereby contaminating

it. Pipelines require periodic inspection to ensure a leak-proof and

safe supply of water. Furthermore, pipelines must be inspected for

erosion, which can similarly compromise the quality of water.

Whenever leakages are detected, they must be addressed with the

utmost priority and urgency. Any delay by the authorities in

rectifying such defects would endanger public health, potentially

resulting in serious illness or, in extreme cases, loss of life. Such

dereliction of duty by the authorities in maintaining pipelines is

nothing short of a criminal act.

22.5 Accordingly, the State and its authorities shall formulate a

comprehensive roadmap for the inspection, maintenance, and

replacement of pipelines in a periodic and scientific manner.

Detailed records of such inspections and maintenance shall be

maintained and made available to this Court when called for. A

similar exercise shall be implemented for the maintenance of

borewells to ensure that water drawn therefrom is fit for human

consumption.

Reverse Osmosis Plant (RO)

22.6 According to the State, in areas where the source of water is

bore wells, sufficient Reverse Osmosis (RO) plants have been

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installed to supply pure drinking water to the localities. Such

facilities are made available in both urban and rural areas. It is

common household experience that RO plants require

sophisticated scientific maintenance, including periodic cleaning

and replacement of filters. It is also well-known and widely

acknowledged that the supply of drinking water through RO plants

is not free of cost. The operation of these plants is automated,

requiring the insertion of a five-rupee coin to dispense water, and

the quantity dispensed per coin is limited to twenty litres. The

collection of this nominal charge is presumably intended to ensure

the maintenance of the facility on a 'no profit, no loss' basis,

thereby promoting self-reliance and self-governance. These

facilities are managed by the local bodies in urban areas and by

the Grama Panchayats in rural areas.

22.7 The State has placed on record only the existence of RO

facilities in urban and rural areas. However, no details pertaining to

their maintenance have been furnished. The grievance of the party-

in-person also pertains to the issue of maintenance. While the

requirement of periodic maintenance has not been explicitly stated

by the State as a scientific mandate, it can reasonably be held,

based on common household experience, that RO plants

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necessitate sophisticated and periodic scientific maintenance. In

light of the absence of any material before this Court regarding the

maintenance of RO plants, this Court is inclined to issue the

following directions:

(i) The State shall issue comprehensive guidelines

prescribing the intervals at which maintenance of RO

plants shall be conducted. The State shall further

ensure that such maintenance is carried out strictly in

accordance with the prescribed intervals.

(ii) All non-functional RO plants shall be restored to full

working condition within one month from the date of

this order to ensure uninterrupted supply of pure

drinking water in the respective localities.

(iii) The State shall ensure that the concerned authorities

maintain detailed records of all maintenance activities

carried out in accordance with the prescribed intervals.

Since water is supplied on payment, the total amount

collected at each RO plant, as well as the expenses

incurred for periodic maintenance including

replacement or cleaning of filters and any other

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components of the mechanism shall be systematically

recorded and maintained.

(iv) The maintenance of RO plants shall be witnessed by

the concerned Panchayath Development Officer (PDO)

in rural areas and by the designated local body officer

in urban areas. In addition, such maintenance shall be

witnessed and acknowledged by the local elected