ESSENTIAL SERVICES AND CONSUMERS ASSOCIATION Vs. JAL SANSTHAN
LAWS(ALL)-1986-12-50
HIGH COURT OF ALLAHABAD
Decided on December 03,1986

Essential Services And Consumers Association Appellant
VERSUS
Jal Sansthan Respondents

JUDGEMENT

Amitav Banerji, J. - (1.) IN this public interest litigation initiated by the petitioner, The Essential Services and Consumers' Association and others, have complained about prevalence of jaundice in the City of Allahabad and have complained that the water piped by respondent No. 1 for the purpose of drinking and other domestic use by the citizens of Allahabad has been contaminated by either sewer lines or storm water drains or open drains or by leakages in the water mains and pipes. They have, therefore, prayed that suitable directions be issued in the nature of Mandamus to the respondents Jal Sansthan, Development Authority and the Nagar Mahapalika, Allahabad, to perform their statutory duties and remedy the existing situation. The petitioner have sought a number of directions in this writ petition, but the main thrust has been that the water supplied to the citizens is contaminated and is the cause of jaundice and other diseases and prayed for lacking of samples of water from the affected areas and for their analysis to find out the reasons for the same and to take remedial measures. The Petitioners' complaint about the quality of water supplied to the citizens of Allahabad led to the collection of water samples from road -side taps of ten places in August, 1985. The samples were sent to the Head of the Department of Microbiology, in the Medical College Allahabad for examination. The report disclosed that the chlorine content in the water was over 4.5 ppm (parts per million) in 3 out of 10 samples taken. At seven other places the Chlorine content was between 1.5 ppm to point two ppm. The water samples from Atala recorded 5.0 ppm and that of Malviyanagar and Kydganj 4.5 ppm each, which was more than 20 times the normal quantity.
(2.) A contention was raised on behalf of the petitioner that the water supplied was injurious to the health of the citizens because of the excessive quantity of chlorine in it. It was urged that where water was 'contaminated water' with bacteriological impurities e.g., organic material, excessive dosage of chlorine may lead to serious consequences such as ailments of the digestive tract, liver, kidney in those who drink such water It could be the cause of cancer also. Treatment of water by use of chlorine in its various forms is the most widely and universally adopted method for disinfecting water. It is reliable, comparatively cheaper and not very difficult to handle. Chlorine is usually added to the water in the pipe leading from the filtered water reservoir to distribution mains so that sufficient contact period is ensured. Chlorination removes colour, odour and bacteria. Chlorination is thus necessary before water is supplied for drinking purposes.
(3.) TO find out the effect of excessive chlorine in water, on human physiology, an opinion was sought from the Head of Department of Microbiology, Medical College, Allahabad. He opined: - - The level of chlorine was found to be very variable and at times it has crossed the scale of measurement of level of chlorine. It seems that there is no proper method of dechlorination and monitoring the level of chlorine in water supplied to public. The recommended level of chlorine at consumer's end is 0.5 mg/Lit of water (0.5 ppm). As result of this high chlorine level in water at consumer's end, 1. There will be no bacterial growth (which is index of water contamination). 2. The water will be irritant to eye, gastro -intestinal tract, skin and other tissues of the body. 3. It will not be acceptable to consumer as it will have pungent odour, on drinking he may feel nausea and vomiting. 4. The long term effect of chlorine has been studied through the effect of compound formed as result of combination of chlorine and organic material present in water and known by general term Trihalomethanes (THM). Bull, Robinson, Brown, Mint and 1 -1499 (1970) observed that chlorine is capable of inducing tumour in experimental animal. They were of view that the ability of chlorine to produce liver tumour is not separable from its ability to damage liver contor etal (1978) observed positive correlation with THM level in several cancers including that of bladder brain, non -Hodgkin lymphomes and kidney cancers. Hogan, Chi, Hoel (1979) found some definite association between chlorine level and cancer specially of rectum, intestine and blader. However, Casto and Mattlin (1980) observed that level of THM were not significantly associated with incidence of any site of cancer studied by them. From India no such studies are available. Sd/R.C. PandeTHE HEADDeptt. of Microbiology,M.L.N. Medical College,Allahabad.;


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