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Bombay High CourtPILWP/29/2024disposed of

Rohan Rauji Naik v. The State Of Goa Thr. Its Chief Secretary And 6 ORS

2025-07-21Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Ms Justice Nivedita P. Mehta5 pages

2025:BHC-GOA:1288-DB Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

PIL WRIT PETITION NO.29 OF 2024 ROHAN RAUJI NAIK ... PETITIONER

Versus

THE STATE OF GOA THR.

ITS CHIEF SECRETARY AND 6 ORS ... RESPONDENTS Mr. Shane Coutinho, Advocate for the Petitioner. Mr. Siddharth Samant, Additional Government Advocate for respondent nos. 1 to 3 and 6.

Mr. Vledson Braganza, Advocate for the Respondent Nos. 4 and 5. Ms Annelise Fernandes and Ms. Ashwini Bandekar, Advocates for Respondent No.7 CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 21st July 2025 ORAL ORDER: (Per Bharati Dangre, J.) 1.

The PIL petition filed by the petitioner, a resident of Usgao, Ponda, Goa, highlighted the issues faced by the residents of Usgao village due to shortage of water supply.

For taking cognizance of grievance, notices were issued to the respondents and we have before us, the affidavit filed on behalf 1 / 5

of respondent no.4-Water Resource Department through its Executive Engineer, Works Division-XI, where he has categorically referred to the calculation sheet prepared for a period of 394 days, reflecting that the average water drawn per day is 0.86 Million Litres, which is a little below the sanctioned quantity of 1.95 Million Litres per day.

2.

However, subsequent affidavit filed on behalf of respondent no. 3 by the Executive Engineer, Works Division-III, PHE, PWD, categorically states as below:- "2. I say that this office has been maintaining a regular and consistent water supply to Ward No. 2, 3, 7, 8, 9, 10, 11 of Usgao-Ganjem Village Panchayat. In fact, the duration of water release to the entire Talukas of Ponda and Tiswadi is uniform, being two hours per day, without exception.

3. I say that in the year 2014, certain pockets within Usgao, Ponda, experienced water scarcity, leading to multiple public grievances. However, the said issue was effectively redressed upon the construction of a dam, which has since resolved the water shortage concerns. No recurrence of 2 / 5

such acute scarcity has been reported post the said development.

4. I state that this office ensures water supply via tankers whenever required, particularly during pipeline breakdowns or other unforeseen technical malfunctions affecting regular supply. This is done to avoid disruption and to uphold the commitment to continuous access to water.

5. I affirm that all water supplied through tankers is sourced from the Opa Water Treatment Plant, and is subject to the same purification and quality standards as those applied at the Opa facility, ensuring the health and safety of consumers." 3.

It is further stated in the affidavit that the construction of a 25 MLD (Million Litres per day), Water Treatment Plant at Ganjem has reached an advance stage of completion, as the electricity connection has already been secured and the testing of the High Tension (HT) and Low Tension (LT) equipment is underway. 4.

It is a categorical statement in the affidavit that upon receipt of adequate raw water from the Water Resources Department, a trial run expected to span approximately three months, shall 3 / 5

commence and upon commissioning of this project, an enhanced water supply will be made available across the region. 5.

The counsel for the petitioner has also categorically made a statement before us that water is being supplied to the villagers in Usgao village; however, such supply is for a limited duration and it is not a case that there is no water supply at all. In addition, the affidavit filed by respondent no. 3 on 25.06.2025 categorically states that no complaints have been received in the past year owing to the robust measures taken to streamline and improve the water distribution system.

6.

In the wake of the aforesaid affidavits filed before this Court, we are of the view that every attempt is made by the Water Resource Department to ensure adequate water supply to the village of Usgao and the grievance raised by the petitioner against the respondent nos. 4 and 5, is completely unfounded, as these respondents have specifically denied that there is shortage of water in village Usgao resulting from the allocation of water to them. In any case, since the affidavit has given a brighter picture when the project at Ganjem becomes operational, liberty to the 4 / 5

petitioner or any villager in village Usgao to make a grievance to the Executive Engineer, Water Resource Department, that is respondent no. 2. We dispose of the writ petition with an expectation that upon such a grievance made, it shall be empathetically looked into.

Accordingly, the Public Interest Litigation writ petition stands disposed of.

NIVEDITA P. MEHTA, J. BHARATI DANGRE, J. 5 / 5 Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 22/07/2025 17:40:53