[The caption of the ToI news report is obviously misleading. In fact its actual content clearly contradicts it: "Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation to evolve a policy to provide water supply in some form to residents occupying illegal hutments erected after Jan 1, 2000, the cut-off date for structures regularised by the government. The court said water cannot be denied to a citizen on the ground that he occupies an illegal structure." (An illustrative example of editorial mischief?)
While the copy of the actual order remains to be accessed, ***the essential gist is loud and clear: the Right to Water is an integral part of the Right to Life as enshrined under the Article 21 of the Indian Constitution***. That's no doubt a landmark judgement. One only hopes that the Supreme Court echoes the same view if this, or any other similar case, comes up before it. The PIL had *understandably* been filed by the Ghar Bachao Ghar Banao Andolan, an affiliate of the NAPM.] I/II. Bombay high court asks BMC to supply water to even illegal slums Tuesday, 16 December 2014 - 5:05am IST | Place: Mumbai | Agency: dna Mustafa Plumber 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 II. http://timesofindia.indiatimes.com/city/mumbai/Provide-water-supply-to-legalised-slums-Bombay-HC-to-BMC/articleshow/45524468.cms Provide water supply to legalised slums: Bombay HC to BMC TNN | Dec 15, 2014, 07.16 PM IST MUMBAI: Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation to evolve a policy to provide water supply in some form to residents occupying illegal hutments erected after Jan 1, 2000, the cut-off date for structures regularised by the government. The court said water cannot be denied to a citizen on the ground that he occupies an illegal structure. A division bench of Justice Abhay Oka and Justice A S Gadkari granted interim relief in a public interest litigation filed by Pani Haq Samiti. The NGO contended that providing water is integral to Article 21 ( Right to Life) of the Constitution and that no State agency or instrumentality can deny water supply to a citizen who occupies illegal hutments after January 1, 2000. The judges said Right to Life includes right to food and water and State cannnot deny water to a citizen on the ground that he is residing in a structure illegally. They rapped "all concerned authorities" for their "failure" to prevent illegal hutments in the city and to take action against them. The bench said even if water is provided to a person who occupies an illegal structure, it does not create equity in his favour and does not affect the illegal nature of the structure. The judges noted that even electricity is being provided to illegal slums. They observed that a person staying in an illegal structure cannot claim right on par with a law-abiding citzien who is occupying authorised premises. BMC is directed to provide water on payment of charge at higher rates than those given to authorised premises. The judges have directed BMC to formulate a policy as expeditiously as possible and by end of February 2015. They made it clear that not withstanding their order, the BMC shall be under an obligation to take action including for demolition of slums not protected after January 1, 2000. BMC is also directed to take action against officers designated with the task of ensuring that slums do not come up following an amendment in the BMC Act. Besides a compliance report, the civic body has to file an affidavit stating the manner in which it is going to prevent construction of such illegal slums and the steps it will take for demolishing them. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at http://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
