Restore non-functional RO water plants within a month: Karnataka HC to govt

The mere establishment of infrastructure for drinking water supply does not absolve the state of its constitutional obligation unless the facility is maintained periodically and scientifically to ensure the continuous supply of pure and safe drinking water, the High Court of Karnataka has
ruled. 

A division bench, comprising Chief Justice N V Anjaria and Justice K V Aravind, said this while issuing a series of directions to the state government for the maintenance and upkeep of drinking water facilities across Karnataka. 

“While the state has furnished details regarding the existing infrastructure for drinking water supply, there is a conspicuous absence of information or material relating to the maintenance of such facilities. Even if the infrastructure is in place, the failure to maintain it, thereby depriving individuals of access to pure drinking water, amounts to a failure on the part of the state to discharge its constitutional obligations,” the bench said, disposing of a PIL petition. 

The petition was filed by L Ramesh Naik regarding the contamination of water in the Tumakuru district. After perusing the material, the bench said that even if the pleadings pertain to a particular locality or district, it is duty-bound to provide a remedy throughout its territorial jurisdiction in the larger public interest. 

The court has directed the state to issue comprehensive guidelines prescribing the intervals at which maintenance of RO plants shall be conducted. The state shall further ensure that such maintenance is carried out strictly in accordance with the prescribed intervals. 

“All non-functional Reverse Osmosis (RO) plants shall be restored to full working condition within one month from the date of this order to ensure uninterrupted supply of pure drinking water in the respective localities. The state shall ensure that the concerned authorities maintain detailed records of all maintenance activities carried out in accordance with the prescribed intervals. Since water is supplied on payment, the total amount collected at each RO plant, as well as the expenses incurred for periodic maintenance, including replacement or cleaning of filters and any other components of the mechanism, shall be systematically recorded and maintained,” the court said. 

The court further said the maintenance of RO plants shall be seen by the Panchayat Development Officer (PDO) concerned in rural areas and by the designated local body officer in urban areas. “Any manipulation or falsification shall be viewed with utmost seriousness. It is needless to emphasise that comprehensive records of maintenance activities and related accounts shall be systematically maintained and produced before this court when called for,” the court said. 

The court has also directed the state to prepare a comprehensive Standard Operating Procedure (SOP) for the maintenance of the facilities and the SOP shall be submitted to the court for perusal and compliance within two months. “Accordingly, this court deems it appropriate to direct the deputy commissioner of the respective district to oversee and ensure compliance,”  the court said.