Trinath Vihar Resident Welfare Association, Cuttack Vs State of Odisha

Instant writ petition is filed by the petitioner for a direction to the opposite parties to supply pure drinking water to them, which is situated at village Patapur under Barang Block in the district of Cuttack through Mega PWS Project declared as per Annexure-4 on the grounds stated.

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Mr. Biswal, learned counsel for the petitioner submits that such a direction is necessary to include their society in Mega Pipe Water Supply Project under the Jala Jivan Mission (JJM) with the submission that the same is a registered society and its members having purchased the homestead land are the residents and residing thereat. It is further submitted that the Government of India have launched the Scheme i.e. Har Ghar Jal Jojana to provide safe drinking water to every house and

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accordingly allotted funds to the State Governments and pursuant thereto, the Government of Odisha launched the project in different parts of the State including Baranga Block in respect of six GPs including Kunheipada GP. The claim is that the residents of the petitioner society are depending on bore wells having no other alternative water supply facility and therefore, they should be included under the project. The claim is that the water from the bore wells is highly contaminated and due to presence of hazardous minerals including iron, fluoride etc. is not fit for human consumption and under such circumstances, such water supply under the project should be extended to them as well, hence, therefore, necessary direction is required to be issued to opposite party Nos.1 and 2 in that regard.

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Referring to the counter affidavit filed by the State through opposite party Nos.1, 2 and 5, Mr. Sahoo, learned ASC for the State would submit that the petitioner society cannot be included in the project which is meant for the GPs in order to supply water free of cost. The further submission is that the petitioner may be included later or provision to supply water can be considered at appropriate stage along with other inhabitants living nearby in view of the rapid urbanization. Further referring to the additional affidavit dated 17^th September, 2025, Mr. Sahoo, learned ASC and Annexure-E/2 thereto submit that additional demand for water supply under Baranga Block and to the residential urban area is pending consideration of the Government subject to fulfillment of the

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criteria under the JJR. The further submission is that such a request is pending decision of the Engineer-in-Chief RWS&S, Odisha, Bhubaneswar as per Annexure-F/2 to issue guidelines to include such habitation for supply of drinking water.

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Perused the rejoinder affidavit of the petitioner to the counter of the State and it reveals that the request for supply of safe and clean drinking water is pending consideration before opposite party No.2 with a representation i.e. Annexure-5.

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Considering the facts pleaded on record and since the petitioner society is situated inside the Revenue Village of Patapur under Baranga Block and is in need of safe and clean drinking water having regard to such demand being pending before opposite party No.2 in view of Annexure-5 to the rejoinder affidavit and regard being had to the facts pleaded in the additional affidavit dated 17^th September, 2025 that such a request is pending decision of the Engineer-in-Chief RWS&S, Odisha, Bhubaneswar to issue suitable guidelines to include all such habitation which is obviously to cover the petitioner, the Court is of the considered view that the State Government is required to be directed to immediately take steps and measures in that regard. Such is the view of the Court for the reason that the DPR has been released in respect of the area as per the Census data of 2011 and there has been rapid urbanization in the meantime and supply of clean and drinking water to be extended in terms thereof is inadequate to cater needs of the petitioner, hence, urgent steps are indeed necessarily. The Court is also of the view that a deadline is needed to be fixed

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for the State to take a decision and issue suitable guidelines in view of the request pending as per Annexure-F/2 to the additional affidavit as such a course of action would serve the purpose and meet the ends of justice.

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7. Accordingly, it is ordered.

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In the result, the writ petition stands disposed of with the direction as aforesaid to be complied with by opposite party Nos.1 and 2 to take urgent and necessary steps in order to provide safe and clean drinking water to the petitioner as soon as possible preferably within a period of three months from the date of receipt of a copy of this order necessarily with the issuance of guidelines in connection therewith.

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9. Urgent copy of this order be issued as per rules.

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