Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a writ petition filed by Bharat Enterprises regarding failure of the authorities in laying down water pipelines in Village Sigora, Gwalior, the Single Judge Bench of Milind Ramesh Phadke, J., allowed the petition, holding that the Madhya Pradesh Jal Nigam (Jal Nigam), being the executing agency presently entrusted with the water supply infrastructure, was liable to ensure that pipeline connectivity is extended to the said colony. Accordingly, the Court directed the Jal Nigam to lay down water pipelines in Village Sigora and ensure the supply of potable water to the residents therein within 3 months.
Background
Bharat Enterprises, a duly registered coloniser under the Madhya Pradesh Gram Panchayat (Registration of Coloniser Terms and Conditions) Rules, 1999 (the Rules), bought 5 pieces of land in Village Sigora, Gwalior. In 2013, with the intention of developing a residential colony over the said land, it applied for and obtained a nazul no-objection certificate from the Collector. As the subject land fell within the notified area of the Special Area Development Authority (SADA), Bharat Enterprises sought and received the development permission.
Pursuant to the aforesaid permission, Bharat Enterprises completed all internal development works of the colony and intimated about the completion to SADA, which, upon verification, issued a completion certificate. However, despite fulfilling all obligations, the respondent authorities failed to carry out the external development works, including provision for basic amenities, like laying water pipelines, as required under the law.
Aggrieved by such inaction and failure on the part of the authorities to complete the external development works, Bharat Enterprises filed the present writ petition.
Analysis
Upon perusal of the material available on record, this Court finds that Bharat Enterprises had obtained due permission for the development of the colony from SADA, but owing to financial constraints, SADA was unable to undertake and complete the external development works, particularly the laying of water pipelines, which were essential for making the colony fully functional.
The Court further noted that a contract had been executed between SADA and Jal Nigam for the implementation of the SADA Multi Village Water Supply Scheme for District Gwalior, under which bulk water supply is to be provided to 28 villages, including Village Sigora, wherein the said colony is situated. A perusal of the agreement indicated that the scheme covers the villages in Appendix I Part A, including both household supply villages and bulk supply villages. However, the agreement did not specify or restrict the areas within the village to which the water supply shall be confined.
Furthermore, the Court noted that by virtue of the State Government order dated 14 September 2023, the water treatment plants earlier developed and managed by SADA were transferred to Jal Nigam, with a stipulation that water supply shall be extended, as and when required, to colonies developed within the counter-magnet area, including those at Gwalior.
Noting the aforesaid, the Court stated that the said government order, read with the contract agreement, clearly indicated that the responsibility for execution and completion of the water supply infrastructure was now vested with the Jal Nigam.
The Court remarked, “It is of common knowledge that the State instrumentalities cannot evade their responsibilities by shifting the burden upon one another, particularly when it concerns the provision of basic civic amenities such as potable drinking water.” The right to access water is an integral part of the right to life, and the citizens residing in the Bharat Enterprises colony could not be deprived of such an essential necessity on account of administrative lapses or inter-departmental ambiguity.
The Court stated that although it would have been appropriate for the State to proactively coordinate and ensure that its instrumentalities discharge their respective obligations, the failure to do so does not give any right to the SADA and Jal Nigam to shed their responsibilities and deny the residents their basic entitlement.
Thus, the Court held that Jal Nigam, being the executing agency presently entrusted with the water supply infrastructure, was liable to ensure that pipeline connectivity is extended to the said colony.
Accordingly, the Court directed the Jal Nigam to undertake the work of laying water pipelines up to the Bharat Enterprises colony situated at Village Sigora and ensure the supply of potable water to the residents therein within 3 months.
[Bharat Enterprises v. State of M.P., Writ Petition No. 25002 of 2025, decided on 23-4-2026]
Advocates who appeared in this case:
For the petitioner: Sameer Kumar Shrivastava
For the respondent: Govt. Advocate Manish Saxena, Himanshu Rathore, Himanshu Pathak