The court examined a committee report regarding water quality tests. Finding that samples collected on 23.3.2022 were suitable for drinking, the court held that the PIL seeking directions to provide clean water no longer survives and disposed of the petition.
No order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
941 PUBLIC INTEREST LITIGATION NO.66 OF 2021
SHAIKH ABDUL MAJEED ABDUL MAHEMUD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr. S.A. Ambilwade h/f. Mr. S. B. Gothwal
AGP for Respondents 1 to 4 : Mr. A.R. Kale
Advocate for Respondent 5 : Mrs. U.P. Kale
CORAM : R. D. DHANUKA &
S.G. MEHARE, JJ.
DATED : 13/04/2022.
PER COURT :
1.By the order dated 23rd February 2022, this Court
appointed four members’ Committee to collect the water samples from
three sources and to send it to the Government approved Lab for test.
Pursuant to the said order, the Committee submitted a report dated
23rd February 2022 in a sealed envelop which is opened by this Court
today.
2.The learned counsel for the petitioner seeks copy of the
report of the Committee. Office is directed to furnish copy of the said
report to the learned counsel for the petitioner and also to the
respondents on payment of photocopy charges.
PIL No.66/21
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3.We have perused the said report. The said report indicates
that the said Committee of four persons appointed by this Court has
collected the four water samples on 14th March 2022 from various
sources. All the four samples collected on 14.3.2022 were not found
suitable for drinking purpose. Therefore, the Committee decided to
take other samples and collected the water samples on 23.3.2022. The
Committee sealed all the four water samples and submitted the same
to Government Regional Laboratory, Nijam Bangla Aurangabad on the
same day for chemical and bacteriological test. The test report of
above water samples collected by the Committee members from the
Regional Public Laboratory Nijam Bangla Aurangabad dated 31.3.2022
is in sealed packet. The Committee has forwarded the previous report
also along with this report. The Committee is of the opinion that all
the water samples collected on 23.3.2022 are found suitable for
drinking purpose as per the test result (chemical and bacteriological
test) obtained from the laboratory. We accept the contents of the
report submitted by the Committee appointed by this Court and
appreciate the efforts taken by the Committee.
4.In our view, in view of the report submitted by the
PIL No.66/21
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Committee appointed by this Court, this Public Interest Litigation
interalia seeking direction to take immediate appropriate steps to
provide and supply clean, hygienic, habitable water for drinking to the
citizens residing within the jurisdiction of Khultabad Nagar Parishad
does not survive and is accordingly disposed of. No order as to costs.
[ S.G. MEHARE, J. ] [ R. D. DHANUKA, J. ]
ssc/
2 issues framed by the court
Whether the Public Interest Litigation seeking direction to provide clean drinking water survives now, after receiving the committee's report.
Whether the water samples collected on 23.3.2022 are suitable for drinking purpose.
SHAIKH ABDUL MAJEED ABDUL MAHEMUD
THE STATE OF MAHARASHTRA AND OTHERS
R. D. DHANUKA
S.G. MEHARE
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court