11-AS-CAW2973.04 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2973 OF 2004 IN WRIT PETITION NO.5663 OF 2004 ALONG WITH WRIT PETITION NO.6934 OF 2008 Tarapur Anushakti Prakalp Pidit Janata Samiti ... Petitioners Vs. Union of India & Ors. ... Respondents Mr. Rajiv Patil with Mr. Sameer Vaidya for the petitioners in Writ Petition No.5663 of 2004 and for Applicant in Civil Application No.2973 of 2004. Ms. N.V. Masurkar for Union of India. Mr. N.P. Deshpande, A.G.P. for the State. Mr. Rajiv Kumar with Ms. L.A. Munim and Mr. H.K. Bhalerao and Ms. Pooja Patankar i/b M/s. Rajesh Kothari & Co. for respondents 1 to 3. Mr. V.S. Gokhale for respondent 8. Mr. Ram Naik for the Intervenor. Mr. K.N. Kore for petitioner in Writ Petition No.6934 of 2008. Mr. K.J. Kandpile for respondent 1 in Writ Petition No.6934 of 2008. 11-AS-CAW2973.04 : 2 : CORAM: SMT. RANJANA DESAI, & RANJIT MORE, JJ. DATED : 11TH AUGUST, 2011. P.C.:- 1. The petitioner is an association of project affected persons of Akkarpatti and Popharan Villages. These villages are acquired for the expansion of Tarapur Atomic Power Project, Unit Nos.3 and 4. In Writ Petition No.5663 of 2004 in which the instant civil application is filed, the petitioner has prayed for rehabilitation of project affected persons. The said petition is pending. The petitioner has raised certain grievances in this civil application. 2. The petitioner's case is that the respondents have not complied with order dated 1/10/2004 passed by Division Bench of this court whereunder a scheme for rehabilitation of the villagers was formulated. Under the scheme, rent was to be paid to the villagers for the purpose of alternative accommodation. The petitioner's grievance was that cheques given for that purpose were 11-AS-CAW2973.04 : 3 : dishonoured. Learned counsel for the parties are agreed that issue regarding dishonour of cheques does not survive anymore. It was also one of the grievances of the petitioner that the cattle sheds are not constructed. We are informed that the said grievance has been substantially redressed. There is some compliance as regards supply of electricity, however, some parts of the villages are yet to get electricity. We shall look into that grievance at the appropriate time. 3. The major grievance of the petitioner is in respect of water supply. According to the petitioner, none of the villages have been provided with water supply as directed by this court. Affidavit in reply has been filed by Ms. Vaidehi Ranade, District Rehabilitation Officer, Thane District, Thane. In our opinion, the affidavit in reply does not give any acceptable explanation. Mr. Rajiv Kumar, learned counsel for NPCIL states that Rs.45 lakhs have been paid by NPCIL to the State Government for the purpose of implementing water supply scheme for the 11-AS-CAW2973.04 : 4 : villagers. Mr. Deshpande, learned A.G.P. disputes this and states that only Rs.42.12 lakhs have been paid by NPCIL to the State Government. He states that the said amount has been paid to Maharashtra Jeevan Paradhikaran. It is stated in the affidavit filed by Ms. Vaidehi Ranade that recently additional amount of Rs.23.60 lakhs has been disbursed to Maharashtra Jeevan Paradhikaran for remaining water work. We do not want to go into the controversy about the exact amount which is received by the State. Even if we go by the State's calculations, we find that the State has received Rs.65.72 lakhs from NPCIL. Way back on 1/10/2004, scheme for rehabilitation was made by this court. It is reflected in order dated 1/10/2004. We are in 2011, yet the villagers' grievance in respect of water supply is not redressed. We express our extreme distress at this apathy of the State Government. In our opinion, water is a bare necessity which should have been made available to the people by the State. The State is duty bound to do so, particularly when the land of villagers is taken over for expansion of nuclear power 11-AS-CAW2973.04 : 5 : project. These group of civil applications have appeared before this court on several occasions. We have passed different orders. Yet, we have not seen any improvement in the conditions of the villagers. While, counsel for NPCIL states that NPCIL has carried out all its financial obligations, learned A.G.P. for the State is disputing this statement. It appears that there is no coordination between the two. 4. According to learned A.G.P. if domestic connections have to be given to villagers, more money will be required and that will have to be paid by NPCIL. He further submitted that Grampanchayat has not been constituted after the eviction of villagers from their original place and now Administrator has been appointed. We cannot countenance such submissions in a case where the land of the villagers is taken away, they are not properly rehabilitated and water is not supplied to them. They are clamouring for water. They have a right to get water. Right to supply of potable water falls within the ambit of 11-AS-CAW2973.04 : 6 : the right to life enshrined in Article 21 of the Constitution of India. 5. We would have taken a strict view of the matter but for the statements made by learned A.G.P. Mr. Deshpande, which we propose to record and accept with a hope that the State will abide by the statement. 6. Mr. Deshpande learned A.G.P. makes a statement on instructions from Mr. Ravindra Thakur, Deputy Engineer, Maharashtra Jeevan Pradhikaran that Maharashtra Jeevan Pradhikaran shall bring water supply to a common point within eight weeks from today. He states that Maharashtra Jeevan Pradhikaran shall within eight weeks thereafter provide domestic water connections to all the villagers. We accept these statements. 7. Mr. Patil, learned counsel for the petitioner states that from each villager Rs.750/- is taken for domestic water connection. We record that learned A.G.P. has 11-AS-CAW2973.04 : 7 : denied this assertion. We express no opinion on this aspect. 8. After the domestic connection is provided to each villager, the State will, if necessary, raise bill to NPCIL and NPCIL shall reimburse that amount, subject of course to the State Government giving proper accounts. The State and NPCIL shall sort out their dispute regarding money amicably after the domestic connections are provided. 9. We request Mr. Rajiv Kumar, learned senior counsel appearing for NPCIL to convey our anguish to NPCIL and make strong recommendation to NPCIL for making funds available to the State if necessary for supply of domestic water connections. 10. The civil application is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [RANJIT MORE, J.]