1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2140 OF 2007 Sudhir Rajaram Bhadre ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. A.K. Gawali, advocate for the petitioner Mr. K.G. Patil, A.G.P. for respondents ..... CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATED: 10TH MARCH, 2010 PER COURT:- 1 Heard counsel for the parties. Perused the affidavit and documents on record including the relevant Government Resolutions. 2 The principal relief claimed in this petition is for quashing and setting aside the Government Resolution dated 3.2.1999. The grievance is that on account of this Resolution, the Collector is authorized to address problem of scarcity of water in the area only if the quantity available water drops below 20 liter per person per day. 2 In other words, even if the available water drops below the bench mark level of 40 liter per person per day as prescribed by the Union of India, the Collector would only act as a mute spectator and cannot take any measures to eradicate the problem of scarcity of water in his area. We do not find any merits in this submission. 3 We are in agreement with the argument of the A.G.P. that the norm specified by Union of India would govern ordinary situation. However, in case of scarcity of water, it may not be possible for the State for all time to come to maintain that norm. At the same time, the Government Resolution dated 3.2.1999 is an enabling instruction issued to the Collectors to ensure that if the quantity of water level falls below 20 liter, they will have to take recourse to additional measures provided for in the said Resolution so as to enhance the water supply position. That does not mean that the Collector has been prohibited from taking initiative for improving the situation if the water level reduces below 40 liters norm. 4 The respective Collectors are expected to be vigilant about the issue of scarcity of water in their area and there is no basis to assume that all Collectors would remain inactive till the water level drops below benchmark of 20 liters per day per person. No specific instance has been brought to our notice to show that inspite of possibility to improve the water supply situation the Collector has taken rigid stand that he 3 would not act until water level drops below 20 liter norm per day per person. 5 Taking over all view of the matter, we dispose of this petition with above observations. ( S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) rlj/