Access To Water Is Part Of Right To Life: MP High Court Orders Pipeline Connectivity For Gwalior Residents

The Madhya Pradesh High Court has directed the Madhya Pradesh Jal Nigam to extend water pipeline connectivity to a residential colony in Gwalior, holding that State agencies cannot deny citizens access to basic amenities by shifting responsibility between departments. The Court observed that access to potable drinking water forms an integral part of the right to life under Article 21 of the Constitution.

Justice Milind Ramesh Phadke passed the order while allowing a writ petition filed by Bharat Enterprises, a registered partnership firm developing “Vaishali Enclave” at Village Sigora in Gwalior district. The petition was filed through advocate Sameer Kumar Shrivastava. The State was represented by Government Advocate Manish Saxena, while advocate Himanshu Rathore appeared for Special Area Development Authority (SADA) and advocate Himanshu Pathak appeared for Madhya Pradesh Jal Nigam.

According to the plea, the petitioner had obtained all necessary permissions for development of the residential colony and had completed the required internal development work after receiving approval from the Special Area Development Authority (SADA) in 2013. The firm argued that despite fulfilling all statutory obligations under the Madhya Pradesh Gram Panchayat (Registration of Coloniser Terms and Conditions) Rules, 1999, the authorities failed to carry out external development work, particularly laying water pipelines for the colony residents.

The petitioner contended that respondent authorities had collected the necessary charges but failed to provide the promised infrastructure. It was also argued that a water treatment plant originally maintained by SADA had later been transferred to the Madhya Pradesh Jal Nigam under a government order dated September 14, 2023, with a condition that water supply could be extended to colonies developed within the Counter Magnet area of Gwalior whenever required.

The Jal Nigam opposed the petition, submitting that the ongoing multi-village water supply scheme was designed for 28 villages and around 9,081 household connections under the Jal Jeevan Mission. It argued that pipeline work was already progressing in phases and that there was no direct contractual relationship requiring it to provide additional connectivity to the petitioner’s colony beyond the approved project scope.

After examining the record, the High Court noted that Village Sigora, where the petitioner’s colony is located, was admittedly covered under the SADA Multi Village Water Supply Scheme. The Court further observed that the agreement governing the scheme did not restrict supply only to particular areas within the village. It also took note of the State Government order transferring water treatment infrastructure from SADA to Jal Nigam.

Emphasising the obligation of State instrumentalities to provide civic amenities, the Court remarked, “The right to access water is an integral part to right to life, and the citizens residing in the petitioner’s colony cannot be deprived of such an essential necessity on account of administrative lapses or inter-departmental ambiguity.”

The Court further observed that government authorities could not “evade their responsibilities by shifting the burden upon one another,” especially in matters concerning drinking water supply. Holding Jal Nigam responsible as the executing agency currently managing the infrastructure, the Court directed it to lay water pipelines up to the petitioner’s colony and ensure potable water supply to residents within three months from receipt of the order.

The Court also highlighted that once infrastructure responsibilities are transferred from one authority to another through government policy decisions and contractual arrangements, the executing agency cannot refuse to act merely because a specific colony was not separately mentioned in project documents. With the petition allowed, the Court disposed of the matter with binding directions for immediate compliance.

Case Title: Bharat Enterprises (Registered Partnership Firm) Through its Partner Mukesh Garg v. The State of Madhya Pradesh and Others

Date of Order: April 23, 2026

Bench: Justice Milind Ramesh Phadke