Madhya Pradesh High Court: In a batch of writ petitions filed regarding the Indore Water Contamination Crisis, the Division Bench of Vijay Kumar Shukla and Alok Awasthi, JJ., issued interim directions and directed the Chief Secretary of the State to appear through video conferencing on the next date to apprise the Court about what actions were being taken at the State level for preventing water contamination in the entire State.
Background
The petitioner filed the present petition against the State for failing to provide clean and pure drinking water to the residents of Indore City, particularly in Bhagirathpura. He contended that due to the supply of contaminated drinking water, a large number of people were infected, and many people had died. He sought directions that the IMC and State Government shall supply clean water regularly and provide the best treatment to the affected persons immediately.
On the last date, the Court had directed the Indore Municipal Corporation (“IMC”) to ensure the supply of clean and pure drinking water to the residents of the affected areas and take all possible steps to supply clean water regularly. Regarding the treatment of the affected persons admitted to various hospitals, the Court directed that the State shall provide for their care and ensure they receive the best possible treatment.
The Court also directed the State and IMC to file a detailed status report on the next date of hearing, stating the number of persons affected and admitted to hospitals, as well as the medical facilities provided to them.
Accordingly, status reports were filed by the State and IMC.
The petitioners contended that the drinking water, which was being supplied to Bhagirathpura and the other affected areas, was still contaminated and not safe to drink, and Indore’s water supply was made from the water tank, which could not be maintained properly. Furthermore, affected persons were not getting proper treatment despite the Court order.
The petitioners also contended that before the present incident, complaints were made by the residents of the said area; however, no cognizance was taken of the said complaints. In fact, in 2022, the Mayor-in-Council had passed the order for laying down a new pipeline for the supply of drinking water; however, due to the non-disbursement of the funds by erring officers of the IMC, the said work could not be carried out.
They argued that in 2017-2018, 60 samples of the water were taken out from various places in Indore town by the M.P. Pollution Control Board, out of which 59 samples were found to be non-portable. Despite this report, no action was taken to prevent the issue.
The petitioners prayed for the constitution of a high-level committee for inquiry into the incident and also for the corrupt and lackadaisical attitude of the erring officers of the IMC.
Analysis
At the outset, the Court remarked that the right to life under Article 21 of the Constitution includes the right to clean drinking water, and these petitions fell within the ambit of a public health emergency enshrined under Article 21.
Considering the aforesaid, the Court categorised the issues into the following headings:
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Immediate and Emergency Directions with respect to the affected persons of the said area
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Preventive and Corrective Measures
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Inquiry and Accountability Orders
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Disciplinary and Penal Action
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Compensation of Victims
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Directions to Local Bodies
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Public Awareness and Transparency
For the immediate and emergency directions, the Court directed that the respondents shall ensure:
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Immediate supply of safe drinking water through tankers/packaged water at government cost to the affected areas.
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Stopping the use of contaminated sources (specific pipelines, overhead tanks, bore wells, and rivers)
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To hold health camps and medical screening for affected residents.
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To provide free treatment in government and empanelled private hospitals.
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To conduct water quality testing at multiple points by the NABL Accredited Laboratories.
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Replacement/repair of pipelines (especially where sewer lines and water lines run parallel.
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Installation of online water quality monitoring systems.
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Chlorination and disinfection protocols.
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Long-term water safety plan for Indore city.
Regarding the other issues of inquiry, accountability, compensation to victims, and penal actions, the Court stated that they shall be considered after the filing of the reply by the respondents.
Stating that the issue of water contamination was not only a problem of the Indore town but a problem of the entire State, the Court directed the Chief Secretary of the State to appear through video conferencing on the aforesaid issues on the next date of hearing and apprise the Court that about what actions were being taken at the State level for preventing water contamination in the entire State.
The Court further directed that it shall be the duty of the Commissioner of Indore, Collector of Indore, Commissioner of IMC, Health Officer of IMC, Chief Medical and Health Officer, Chief Engineer of Public Health Engineering Department and Joint Director of Urban Development of Indore to ensure that the aforementioned interim directions of the Court regarding the immediate supply of safe drinking water, stocking of huge contaminated sources, health camps and medical screening and free treatment were strictly complied with before the next date.
Lastly, on the issue of pipelines, the Court directed that the respondents produce the relevant files regarding the issuance of the tender for fresh pipelines for drinking water and the report of the M.P. Pollution Board for which water samples were collected in 2017-2018.
[Mahesh Garg v. State of MP, WP No. 50641 of 2025, decided on 06-01-2026]
Advocates who appeared in this case:
For the petitioner: Senior Advocate Ajay Bagadia, Advocates Manish Yadav, Saily Purandare, and Petitioner Ritesh Irani
For the respondent: Additional Advocate General Rahul Sethi, Government Advocate Aditya Garg, and Advocate Rishi Tiwari
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