Explained: Why the Bombay HC warned of ‘doomsday’ if Chhatrapati Sambhajinagar’s water project stalls

The Bombay High Court’s warning that it would be a “doomsday” for Chhatrapati Sambhajinagar city in Marathwada region of Maharashtra if a Rs 1,600-crore water pipeline project gets stuck has brought attention back to a four-year judicial effort to address the city’s chronic drinking water shortage.

On Monday, the HC said that it would be a “doomsday” for the city, which gets potable drinking water supply once every 10-12 days, if the completion of the project gets stalled.

The bench led by Acting Chief Justice (ACJ) Ravindra V Ghuge said that if there are any impediments in the project, which is nearing completion and has achieved nearly 75% of work, it would be compelled to refer the issue to Chief Minister Devendra Fadnavis seeking his intervention to take remedial steps.

The project, and four years of HC monitoring

The 38-km pipeline project under the AMRUT 2.0 Programme, termed a “lifeline” by the HC, aims to meet the drinking water needs of the city and adjoining areas by channelling water from the Jayakwadi dam.

The Aurangabad bench of the Bombay High Court has been hearing PILs over inadequate potable water supply in the city, with petitioners claiming residents often received water only once a week or after even longer intervals during summer. The HC conducted the 218th hearing on June 15.

On July 8, 2022, a bench of then Chief Justice Dipankar Datta (now a Supreme Court judge) and Justice Ghuge expressed “shock” over the lack of potable water and observed residents were being “shabbily treated” despite the city’s tourism importance because of the Ajanta and Ellora caves. The same month, the bench constituted the High Court Constituted Committee (HCCC), assisted by agencies including Maharashtra Jeevan Pradhikaran (MJP), to monitor the project.

In May 2024, Justice Ghuge, as a senior judge on the bench, noted that progress had slowed considerably and residents were still receiving water only once in eight to nine days during the summer. Observing that residents faced “untold miseries” and that their “plight cannot be described in words”, the HC directed authorities to expedite the work and said they should not assume that “the court would be silent spectators for the delay being caused

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The court’s push to keep the final stretch of the project on track

Between April and May this year, the HC on April 10 recorded that lawyers were “extremely hopeful and confident” that cleaning of the pipeline was nearing completion and water was expected to reach the Water Treatment Plant (WTP). They were also “highly optimistic” that, if coordination between agencies continued, water from the WTP could be pumped on the “auspicious occasion” of May 1, Maharashtra Day.

On April 17, the HC was informed that water had been pumped through 36 km of the 38-km pipeline and the lone leakage detected had been rectified. It also pushed authorities to complete installation of recirculation and backwash pumps and resolve payment disputes with the contractor, recording submissions that non-payment for “extra work” could trigger an “exodus of the labour force”.

Court fears ‘doomsday’ situation if project gets stuck

During the 218th hearing, the HC observed that the “project has progressed to a large extent” but was informed that delays had arisen after the transfer in April of a team of senior project experts who had worked on it for four years. It was further told that differences had emerged between the team and senior MJP officials, including its Chairman. The MJP’s lawyer, however, said the Chairman had no issues with the team and they could work together if it was brought back and deployed again.

The state government lawyer stated that “with great difficulties, after waiting for more than 25 years” the project has reached 75 % completion.

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“The city, which was receiving drinking water once in 10 to 13 days, now has hope of receiving drinking water once in 2 to 3 days. If this project is stuck, it would be doomsday for the Chhatrapati Sambhajinagar city,” the HC noted.

Justice Ghuge orally remarked that residents were getting drinking water once in 10 to 13 days, which “does not happen in a civilised society”. He warned that if the project gets truncated, residents, who are 18 lakh today and expected to be 23 lakh in another five years, could face severe hardship and may have to migrate.

Justice Ghuge said residents “cannot wait for drinking water” and added that retired HC judges and a retired Chief Justice living in the city had confirmed receiving water only once in 10 days.

Justice Ghuge also contrasted the delays with the 18-month construction of the world’s biggest dam in China without leakage and referred to news reports about crabs allegedly “puncturing” a dam in Maharashtra, a reference to the 2019 Tiware dam breach, after which then minister Tanaji Sawant reportedly blamed crabs for weakening the wall.

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“You all have to keep your egos and tempers aside. You may not like anyone, but you have to get this project done. Blame game is not going to help anyone. The city has already suffered 20 years ago with Samantar pipeline as the entire project money was spent in arbitration and compensation payments.”

HC flags possible CM intervention

ACJ Ghuge-led bench observed that CM Fadnavis had conducted 3 war-room meetings at various intervals for the project and when it was nearing completion, “it would be a critical situation” if there are any impediments.

The HC recorded that if it found such intervention necessary, it would refer the issue to Chief Minister Devendra Fadnavis and request him to take remedial steps in exercise of the State Government’s powers. Seeking resolution of issues at the June 19 HCCC meeting, the bench posted the matter for further hearing on July 3.