LAWS(CHH)-2017-7-92

MUKESH KUMAR DEWANGAN Vs. STATE OF CHHATTISGARH

Decided On July 03, 2017
Mukesh Kumar Dewangan Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Heard learned counsel for the Petitioner, the learned Amicus Curiae, the learned Additional Advocate General, the learned Senior Counsel for Chhattisgarh State Pollution Control Board and the learned counsel for the Municipal Corporations, which are the Respondents.

(2.) The fundamental issue which is brought for consideration through this Public Interest Litigation is the massive discounting of the quality of potable water in the Municipal Corporation areas of Raipur, Bilaspur and Durg. One of the reason attributable to this situation is the alarming rate of presence of E.coli bacteria in the drinking water that is made available through the water supply system. Whether this is by itself an ultimate reality is a different matter. But, this Court cannot be oblivious to the fact that presence of E.coli bacteria and the possibility of presence of that bacteria in potable water is disastrous to human health and, at times, it may be even fatal as contended by the Petitioner quoting the case of his wife whom he lost, allegedly to E.coli infection.

(3.) A team of Advocates Commissioners were appointed by this Court earlier. They have inspected the municipal areas. The efforts taken by them have apparently unearthed the fact that there is such physical nexus between the water supply lines and the sewerage and sanitation lines that E.coli presence in the sanitation lines would easily pilfer into the water supply lines. There is no public sewerage lines connectivity which enables the people of any among the three municipalities to pass off their sewerage and other waste into a common sewerage system. Septic tanks are supposed to be the system in place. But, the Advocate Commissioners' report an alarming situation where the public drains became the carrier of all filth and waste, including sewerage from the homes and other buildings. This is not acceptable at all, either in terms of science, or in terms of the laws governing the operation of sanitation, sanitation conservancies and waste management.