High Court On Its Own Motion (In The Matter Of Inadequate Water Supply At Dona Paula) v. State Of Goa Thr. Its Chief Secretary And ANR

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"CORAM : ROHIT B. DEO, J.

DATED : 11th May 2023 P.C.:-

1. Issue notice to the Respondents, returnable on 16th May 2023. Ms Kamat appears and waives service for the Respondents.

2. The residents of La Oceana Colony Trust, Dona Paula, Tiswadi have addressed a letter to the Hon'ble Administrative Judge, highlighting that the supply of water by the PWD is restricted only 45 minutes to a maximum of 1 hour 15 minutes a day and on several days, there is no water supply at all. The extension of the grievance is that even the water pressure is extremely weak and given the extremely short duration of the water supply, the storage tanks which the residents have constructed, are not filled. At this stage, it would not be necessary to delve deeper in the other grievances which are articulated, including the grievance that there appears to be cherry picking inasmuch as inexplicably certain establishments and residential colonies do not face such problems.

3. The letter is treated as a Suo Motu Public Interest Petition.

4. Mr Gaurish Agni is requested to assist the Court as an amicus curiae and to file a structured and formal petition within the next week.

5. Since right to supply of clean and hygienic drinking water is an integral facet of right to dignified life guaranteed under Article 21 of the Constitution of India, the learned Advocate General is requested to use his good offices to ensure that the residents of not only the La Oceana Colony Trust, Dona Paula, but the surrounding areas are provided adequate supply.

6. While an affidavit in response may be filed within a reasonable time after the filing of the structured and formal Petition, some interim direction shall have to be passed to minimize, if not obliterate the woes of the people.

7. The Principal Chief Engineer, PWD - Respondent No.2 shall ensure that the residents of La Oceana Colony Trust, Dona Paula and similarly situated citizens are assured of at least 3 hours a day drinking water supply, which period can be split or staggered depending upon administrative and technical exigencies.

8. Let the photo copies of the entire record be supplied to the learned Advocate General and the learned amicus curiae.

9. Stand over to 16th May 2023.

10. All concerned to act based on an authenticated copy of this Order."

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Date: 2023.08.29 16:53:17 +05'30'

TARI AMRUT NAGESH