Gauhati High Court hopes for timely completion of water projects, closes PIL

Staff Reporter

Guwahati: The Gauhati High Court yesterday disposed of a PIL with the observation that efforts are afoot to supply clean and safe drinking water to the citizens of Guwahati, and, thus, the grievance ventilated in the PIL has been redressed to a considerable extent. The HC expressed the hope that the projects shall be completed in time.

The HC accordingly closed the PIL with liberty to the petitioner to approach this Court again if the projects are halted in any manner or not completed within the suggested timeline.

Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury made the observation while disposing of a public interest litigation (PIL/57/2021) filed by Chiriyakhana Patha Jyestho Nagarik Sanshta, a registered senior citizen’s society, highlighting the acute and long-standing crisis of safe, clean and regular drinking water supply in the city of Guwahati and seeking directions for taking immediate steps, in a time-bound manner, for providing safe and clean drinking water to all areas under the Guwahati Metropolitan Development Authority (GMDA) and also to frame a water supply policy to ensure the supply of clean and potable water in the entire state.

On behalf of the petitioner, their counsel argued that despite the mighty Brahmaputra River flowing through the city of Guwahati and abundant rainfall, more than 70% of the population of the Guwahati city still has to be content with contaminated and unregulated groundwater supply. This, the petitioner pointed out, is a complete failure of the state government and violation of the fundamental right to live under Article 21 of the Constitution of India.

The contention of the petitioner is that the Guwahati Metropolitan Drinking Water & Sewerage Board Act, 2009 (hereinafter referred as “Act of 2009”) was enacted to ensure planning, development, regulation and management of water supply within the Guwahati Metropolitan area. The provisions of the Act of 2009 cast a duty upon the Board to provide potable water within the Guwahati Metropolitan area.

Similarly, the Assam Groundwater Control & Regulation Act, 2012 (Act of 2012), was enacted to regulate and control groundwater extraction through a permit-based regulatory regime. Despite the Act of 2012, unauthorized operation of multiple bore wells without permission, extraction of groundwater without requisite approval and depletion of groundwater levels have gone unchecked.

It has also been alleged that there has been irregularity in making payments to the contractors with respect to their works executed under the Southwest Guwahati Water Supply Project. There has been no adherence to the timelines.

It has, therefore, also been prayed in the PIL that the respondents be directed to constitute a high-power committee comprising experts in the fields of water supply, groundwater contamination and finance audits in order to look into the affairs and the works undertaken by the respondents so far and to direct the submission of a status report with respect to the afore-noted water supply projects.

The state government’s response was that keeping in mind the need for a clean and safe drinking water supply, the Guwahati Metropolitan Drinking Water & Sewerage Board started various projects, namely, the South Central Guwahati Water Supply project, the North Guwahati Water Supply project and the Zoo Road Water Supply project. The projects are now functional in varying degrees.

According to the state government’s affidavit, the South Central and North Guwahati Water Supply projects received financial assistance from the Japan International Cooperation Agency (JICA). As of date, JICA-assisted Guwahati Water Supply projects under the board have become functional with total household coverage of 74,625. Presently, 37511 metered connections supply water in Kharghuli, Uzan Bazar, Pan Bazar, Fancy Bazar, Athgaon,Kumarpara, Bishnupur and many other adjoining localities. The Zoo Road Water Supply project, commissioned in 1996, is now operational.

On a query raised regarding defaulting contractors, the state government informed the court that the contracts with three defaulting contractors have been terminated and their bank guarantees have been invoked. Post-termination of the contracts, arbitral proceedings are proceeding. Also, that fresh tenders have been floated by South Central and North Guwahati Water Supply Projects for all the balance works, and, after selection of new contractors, the works have also been allotted to them.

The Court was also informed that the JICA-funded South Guwahati Water Supply project is expected to be completed within the specified timeline, at the latest by the year 2029.

The court, therefore, disposed of the PIL with the observation that efforts are afoot to supply clean and safe drinking water to the citizens of Guwahati, and thus, the grievance ventilated in this PIL has been redressed to a considerable extent.

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