Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Siromani Mittasala v. President, Brindavanam Colony

Country/Territory
India
Type of court
International court
Date
Oct 10, 2001
Source
UNEP, InforMEA
Court name
Andhra High Court
Seat of court
Hyderabad
Judge
Rao V.
Reference number
2002 (1) ALD 136, 2002 (2) ALT 356
Language
English
Subject
Water
Abstract

This case was concerned with Brindavan Colony draining untreated sewage into the municipal underground pipeline and into a tank supplying water to the residents of Kavali. The local authorities in Kavali had failed to provide an adequate drainage system so that the water was polluted and there was an outbreak of epidemics. The Kavali municipality argued that a water supply scheme had been in the process of being built, but they were facing financial difficulties which made them unable to finish this project for the time being.

The Court noted that Article 21 of the Constitution of India provides that each citizen is entitled to pollution free air and water. On the basis of this and provisions of the Andhra Pradesh Municipalities Act, it held that it was the local authority’s duty to supply potable water and that financial difficulties are not an acceptable justification for failing to do so.

The Court further noted that the municipality is entrusted with town planning as well as the health of the people and that they thus need to guarantee the well-being of the residents.

Consequently, the Court ordered preventive measures to ensure the availability of potable water to the residents of Kavali.

Full text
www.globalhealthrights.org
Website
www.globalhealthrights.org