The PIL regarding water problem faced by the residents of urban areas of Pune District was heard by the Division Bench Headed by THE ACTING CHIEF JUSTICE Shri Gangapurwala and Justice Shri Chapalgaonkar at Bombay High Court on 15.12.2022.
The State Government, PMC, PMRDA, Zilla Parishad have failed to file their affidavits by the date limit of 13.12.2022.

Satya Muley – Advocate, the Supreme Court and Bombay High Court, on arguing on behalf of the Petitioners, brought to the notice of the High Court that this is a delaying tactic of the respondents, and this shows how less they are concerned with the water scarcity problem faced by the residents of Pune District.

It was startling to note that the PMC chose to remain absent and did not even file any response by the limit given by the Bombay High Court. Once again it was argued on behalf of the residents of Pune that the matter was serious, and several housing societies do not receive water through taps even once a week.

The State Government was also earlier on 29.11.2022 directed by the Chief Justice of Bombay High Court to bring on record progress and compliance regarding the Committee that was directed to be set up by the Hon’ble Bombay High Court in 2017 to address the issue of water scarcity faced by residents of Pune District. The State Government has also failed to bring any information about the formation, implementation, and progress of such committee.

The PMRDA and Zilla Parishad under whom a major region of urban area of Pune district falls also failed to file any affidavit as directed on 29.11.2022 by the Bombay High Court.

The Division Bench Headed by THE ACTING CHIEF JUSTICE Shri Gangapurwala and Justice Shri Chapalgaonkar took serious note of the delaying tactics and attitude of the State Government of Maharashtra, Pune Municipal Corporation, PMRDA and Zilla Parishad Pune and gave them LAST CHANCE to file their detail Affidavits latest by 03.01.2023 and considering the severity of the water problem and the urgency involved, have kept the PIL for further hearing with fairly HIGH PRIORITY on the High Court’s agenda of 09.01.2022. The Acting Chief Justice has also warned these respondents of punishment by way of costs if they fail to file their affidavits by 03.01.2022.

AFFIDAVIT OF PCMC: PCMC has chosen to pass on the blame to exponential increase in population, and limited permission for lifting of water granted by the irrigation department. The earlier water lifting quota was based on data of 2018. PCMC stated that exponential increase in population has not been considered by the State Government for revising the water lifting quota.

PCMC also has made a request to the Hon’ble High Court to direct the State Government to consider the additional increased burden of the population into consideration and review the water lifting permission granted in 2018 and also provide alternate sources.

PCMC also has submitted that the State government has doubled the water charges leading to additional financial burden on the PCMC. The PCMC also blamed on lack of infrastructure to lift additional water.

PCMC BLAMES HOUSING SOCIETIES

PCMC has also blamed that many Housing societies for not implementing the grey water treatment and recycling plant, and using such recycled water for toilets, gardening and other usage. PCMC also blamed it on Housing societies for not implementing rainwater harvesting system, or not maintaining it, and stated that this has resulted in drying up of bore-wells, and thereby increase in demand of fresh drinking water. PCMC has also gone ahead and asked to place on record factual status of erection and implementation of grey water treatment plants and rainwater harvesting system in each of the Housing Societies who are facing water scarcity problem.

PCMC has stated that PCMC is permitted to lift 505 MLD water from Pawna Dam, but due to increase in demand PCMC is lifting additional 20 to 40 MLD water from the Pawna Dam and paying penalty for the same to the State Government. Additionally, 30 MLD is also purchased from MIDC at commercial rate of 27/ rs per thousand litre. Thus, aggregate supply done by the PCMC is 545 MLD from Pawana Dam.

ANDRA AND BHAMA ASKHED DAM / WATER SUPPLY PROJECT: PCMC states that both these dams are located at around 30 KMS away from the corporation limits. Laying of water pipelines from Indrayani river at Nigoje village to Chikhli water treatment plant is 100% complete. Only commissioning is pending due to technical reasons. The same is expected to be started in 2023. PCMC states that after commissioning of the above the water scarcity problem will be resolved to some extent.

BHAMA ASKHED AND PAWANA DAM:

PCMC Stated in its affidavit that rehabilitation, land acquisition and payment of compensation work to the farmers whose land was submerged is the bhama askhed dam project is still pending. Therefore, these farmers are not permitting laying of pipelines. PCMC states that the State Government must look into these issues to solve the water scarcity problems. PCMC has also stated that the Bhama Askhed project shall take around 2 to 3 years to complete.

Adv Satya Muley pointed out to the Justices that if the PMC, PCMC, PMRDA, Zilla Parishad Pune are aware of the water scarcity problem of residents in their jurisdiction and if they are not able to deal with it, then they should not be allowed make the existing problem bigger and therefore these local bodies must not be allowed to give permissions for new constructions.

It is going to be interesting to see what the State Government of Maharashtra submits about the compliance related with formation and performance of committee for redressal of water problem in Pune District, which was ordered to be formed in year 2017.

Speaking on behalf of the Petitioners – Adv Satya Muley said that it is astonishing to note that the PMC, PMRDA, Zilla Parishad Pune have treated with such a careless attitude. This speaks a lot about how much they care about the residents under their jurisdiction. The matter is serious, and they were supposed to act and submit their reply more swiftly. Instead of attempting to solve the residents water related grievances, these local bodies appear to run away from the problem or find excuses and pass on the blame to other government bodies.

Advocate Satya Muley was assisted by Manasvi Sonawane in the PIL.

The Petitioners, Wagholi Housing Societies Association, Pune District Co-operative Housing Societies And Apartments Federation, Akhil Bharatiya Grahak Panchayat, Pimpri - Chinchwad Co-operative Housing Welfare Societies Federation Ltd., Baner - Pashan Link Road Welfare Trust, Balewadi Residency Co-operative Housing Welfare Federation Ltd., Dear Society Welfare Association, Bavdhan Citizens Forum, Hinjawadi Employees and Residents Trust, Aundh Vikas Mandal, and Association of Nagar Road Citizens Forum noting the outcry in the residents of all urban areas of Pune District due to water scarcity have filed the current PIL at Bombay High Court through Satya Muley – Advocate the Supreme Court of India and the Bombay High Court.

The following parties are made respondents in the current PIL:

1. Union of India, Department of Water Resources
2. Central Ground Water Board
3. State of Maharashtra - Water Resources Department
4. Maharashtra Jeevan Pradhikaran
5. Maharashtra Water Resources Regulatory Authority
6. Pune Municipal Corporation
7. Pimpri Chinchwad Municipal Corporation
8. Pune Metropolitan Region Development Authority
9. Zila Parishad Pune

1. Mr. Nitin Kumar Jain, Director of Wagholi Housing Societies Association. 93701 16228
2. Pune District Co-operative Housing Societies And Apartments Federation. Chairman Mr. Suhas patwardhan - 9422004701
3. Mr.Vijay Ganapati Sagar ,Sanghatak of Akhil Bharatiya Grahak Panchayat - 9422502315
4. Mr. Dattatray Deshmukh from PCMC housing societies federation. 77740 30771
5. Rajendra Chuttar, President, Baner Pashan Link Road Welfare Trust- 9890129103
6. Mr. Ramesh Rokade - Chairman - Balewadi Welfare Federation. 98239 42779
7. Qaneez Sukhrani. Convenor Association of Nagar Road Citizens Forum Mobile 8975856782 / 9822056782
8. Dnyanendra Hulsure President Hinjawadi Employees & Residents Trust - Mobile - 80070 00234
9. Dear Society Welfare Association - Mr. Youraj Pawar - 9890712217
10. Bavdhan Citizens Forum - Mr. Dushyant Bhatia – 9850205902
11. Aundh Vikas Mandal - Mrs. Vaishali Patkar – 9823235331

Satya Muley