Page No.# 1/7 GAHC010142362021 2026:GAU-AS:8115- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/57/2021 CHIRIYAKHANA PATHA JYESTHO NAGARIK SANSHTA REPRESENTED BY ITS PRESIDENT HAVING ITS OFFICE AT HOUSE NO. 3, PALASHPATH, SENDURIALI, P.O. ZOO ROAD, GUWAHATI 24, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS. B THROUGH ITS SECY., URBAN DEVELOPMENT DEPTT., GOVT. OF ASSAM JANATA BHAVAN, 1ST FLOOR, D BLOCK DISPUR, GUWAHATI 06, ASSAM. 2:THE SECY. TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI 781006 3:GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER NEAR GUWAHATI MEDICAL COLLEGE GUWAHATI 781001 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI 781001 5:THE MANAGING DIRECTOR GUWAHATI METROPOLITAN DRINKING WATER AND SEWERAGE BOARD 1ST FLOOR TRIPTI TOWERS GANESHGURI GUWAHATI 781005 Page No.# 2/7 6:THE CHAIRMAN CENTRAL GROUND WATER BOARD (CGWB) MINISTRY OF JAL SHAKTI DEPTT. OF WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJUVENATION GOVT. OF INDIA BHUJAL BHAWAN NH-IV FARIDABAD 12100 For the petitioner/applicant(s) : Mr. A. Phukan, Advocate (through VC) Mr. W. Sharma, Advocate For the Respondent(s) : Mr. D. Saikia, AG, Assam Mr. S. Borah, SC, GMC Ms. R. Barua, Advocate Mr. K. Gogoi, CGC Ms. N.N Sharma, Advocate –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 09.06.2026 (Ashutosh Kumar, CJ) We have heard Mr. A. Phukan, learned Advocate for the petitioner, and Mr. D. Saikia, learned Advocate General, Assam; Mr. S. Borah, learned Standing Counsel, Guwahati Municipal Corporation, and Mr. K. Gogoi, learned Central Government counsel for the respondents. The petitioner is a registered senior citizen’s society, which has preferred this PIL petition highlighting acute and long-standing crisis of safe, clean and regular drinking water supply in the city of Guwahati, and seeks 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) as also to frame a water supply policy and implement the same to ensure supply of clean Page No.# 3/7 and potable water in the entire State of Assam. It has been argued on behalf of the petitioner 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, according to the petitioner, is a complete failure of the State and violation of the fundamental right to live under Article 21 of the Constitution of India. It has also been argued that access to clean and adequate quantity of drinking water is an inseparable component of the right to life under Article 21 of the Constitution of India. Articles 31(8) and 39(b) of the Constitution require the State to promote the welfare of the people by achieving social justice by proper distribution of its resources amongst all. Article 47 emphasizes the improvement of public health as one of the State’s primary duties. The contention of the petitioner is that the Guwahati Metropolitan Drinking Water & Sewerage Borad 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, in fact, clearly cast a duty upon the Board to provide and manage water supply system and to undertake all measures necessary for supplying potable water within the Guwahati Metropolitan area. Similarly, the Assam Groundwater Control & Regulation Act, 2012 (hereinafter referred as “Act of 2012”) was enacted to regulate and control groundwater extraction to ensure sustainable limit of Page No.# 4/7 groundwater resources through a permit based regulatory regime administered by the State authority. The petitioner laments that despite the constitution of the Assam Groundwater Authority and the statutory regulatory framework, unauthorized operation of multiple bore wells without permission; extraction of groundwater without requisite approval and depletion of groundwater level have gone unchecked. It has also been alleged that here has been irregularity in making payment 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, been prayed in the afore-noted PIL that the respondents be directed to take immediate steps, in a time-bound manner, for providing safe and clean drinking water to all areas, which come within the ambit of the Guwahati Metropolitan Development Authority, and also to constitute a high-power committee comprising experts in the fields of water supply, groundwater contamination and finance audit, in order to look into the affairs and the works undertaken by the respondents so far; to direct for submission of status report with respect to the afore-noted water supply projects; and also for making recommendations for expeditious supply of clean and safe drinking water to all areas under the Guwahati Metropolitan Development Authority. The response of the State is that keeping in mind the need for clean and safe drinking water supply, the Guwahati Metropolitan Drinking Water & Sewerage Borad started various projects, namely, South Central Page No.# 5/7 Guwahati Water Supply project; North Guwahati Water Supply project and Zoo Road Water Supply project. The object of these projects is to provide continuous drinking water to the residents of the city of Guwahati. The projects were commissioned in a phased manner and now sufficient progress has been made towards completion of the project. A detailed affidavit has been filed on behalf of the State regarding the status of the projects undertaken by the Board. Under the South Central and North Guwahati Water Supply projects, financial assistance has been received from the Japan International Co- operation Agency (JICA). As on date, JICA assisted Guwahati Water Supply projects under the Board has become functional with total household coverage of 74625 number. Presently, the total metered connections are 37511 numbers, through which supplies are made in areas, namely, Kharghuli, Uzan Bazar, Pan Bazar, Fancy Bazar, Athgaon, Kumarpara, Bishnupur and many other adjoining localities. House service connections have been provided in the afore-noted areas on regular basis, on demand from the consumers. The Zoo Road Water Supply project, which was commissioned in the year 1996, has become functional. Currently, out of the 6668 number of consumers under this scheme before commissioning of the South Guwahati Central Water Supply project, 924 consumers exist, who are receiving drinking water from the scheme. The balance 5744 consumers have been shifted from JICA assisted water supply project and are being provided water supply through the new distribution network. All the consumers of the Zoo Road Water Supply scheme would be subsumed Page No.# 6/7 within JICA assisted Guwahati Water Supply project, which has become functional, as well as the New Development Bank funded Southeast Guwahati Water Supply project, which is under implementation at the present stage, as the serving jurisdiction is the same. Another project, namely, Guwahati West Water Supply project, has also become functional with good household coverage with a large number of metered connections in various localities. On a query raised by the Court regarding defaulting contractors, it has been informed 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. 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. This Court has also been informed that the JICA funded South Guwahati Water Supply project was being carried out by M/s Gamon Engineers and Contractors Private Limited, which contract has been terminated and its Performance Guarantee and Bank Guarantee have been forfeited. The balance works in all respects, pertaining to this project are expected to be completed within the specified time-line, latest by the year 2029. We, thus, find that efforts are afoot for supplying clean and safe drinking water to the citizens in the city of Guwahati and, thus, the grievance ventilated in this PIL has been redressed to a considerable extent. This Court hopes and trusts that the projects shall be completed in time. Page No.# 7/7 With the above observations, we close this PIL with the liberty to the petitioner to approach this Court again, if the projects are halted in any manner, or not completed within the time-line suggested by the State. The PIL stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant