Stating that authorities cannot differentiate between occupants of illegal shanties and those living in authorized houses and providing water supply is a fundamental right enshrined under Article 21, the Bombay high court directed the Brihanmumbai Municipal Corporation to provide water supply to all slum-dwellers, whether legal or illegal.
A division bench of justices Abhay Oka and AS Gadkari while directing the corporation to formulate a policy to supply water to slums that have come up post January 1, 2000 which are illegal said, "The supply of water will not mean that the shanties are regularised."
The court said water supply may not be through providing individual water connections but BMC can frame a policy and decide supply of water, may be at a higher rate than it provides to the authorized persons.
The court said, "The increase of illegal slums in Mumbai cannot be attributed to one reason, it is a complicated issue. However, the failure of authorities to take action and allowing illegal slums to come up, state government regularization of slums up to January 1, 2000 which gives hope to them and may be the reason why people occupy slums."
The bench also considered the information placed before it, that around 81 police inspectors and 4,425 police constables live in slums, staff of other public sector undertakings also reside in slums. It said, "If the civic body provides water in buildings not having occupation certificates, then why can't it do the same to slums."
The court passed the order while hearing a public interest litigation filed by city-based NGO Pani Haq Samiti. The NGO has challenged the decision of the BMC which was implemented on the basis of a government resolution issued on March 4, 1996. On that basis the corporation has completely stopped water supply to people residing in slums which have come up after January 1, 2000.
Mihir Desai, advocate for the NGO, said the Constitution of India provides for right to life to all. "Right to water is also a part of right to life. No one can survive without drinking water," he had argued.
The BMC and the state government had opposed the petition stating that it would encourage illegal slums and the decision of not supplying water is not unconstitutional. It was also said slums are located on hillocks and other dangerous places, thus supply of water would not be possible. The court though refused to accept the contentions and directed the Corporation to file the compliance report on the directions given by March 2, 2015.
4,200 million litres - The daily demand for water
3,750 million litres - The quantity of water BMC supplies daily
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