MP High Court Says Government Cannot Deny Basic Water Access To Residents Over Departmental Confusion

The Madhya Pradesh High Court recently reaffirmed that access to clean drinking water is a fundamental component of the right to life guaranteed under Article 21 of the Constitution. While hearing a writ petition concerning lack of water pipeline connectivity in a residential colony at Gwalior’s Village Sigora, the Court directed the Madhya Pradesh Jal Nigam to provide pipeline access and ensure potable water supply to residents within three months.

The case was filed by Bharat Enterprises, a registered partnership firm developing “Vaishali Enclave.” The petitioner argued that despite obtaining all statutory approvals and completing internal development work years ago, the authorities failed to undertake external infrastructure development, particularly the laying of water pipelines. According to the petitioner, the required charges had already been deposited before the concerned authorities.

During the proceedings, different government agencies attempted to shift responsibility onto one another. While the Special Area Development Authority (SADA) claimed that water infrastructure responsibilities had been transferred to the Madhya Pradesh Jal Nigam, the Jal Nigam argued that the colony did not specifically fall within the originally approved project scope under the Jal Jeevan Mission.

Rejecting these contentions, Justice Milind Ramesh Phadke observed that State instrumentalities cannot avoid constitutional obligations through administrative ambiguity. The Court emphasized that citizens cannot be deprived of essential civic amenities merely because departments fail to coordinate effectively. Since the colony fell within Village Sigora, which was already covered under the multi-village water supply scheme, the Court held that the executing agency was duty-bound to extend pipeline connectivity to the residents.