Right Relating to Clean and Regular Drinking Water.

Writ NumberYear 1990 Writ no. 2237
Decision Date10 July, 2010
Nepal Law ReviewYear 2001, Part 43, Month 9/10, Page 7599
Decision Number7042
Petitioner and RespondentAdvocate Prakash Mani Sharma and others Vs. Board of Directors of Nepal Water Supply and Others
SubjectRight Relating to Clean and Regular Drinking Water











Court Order		It is observed that the petitioner claims that the drinking water is neither regular nor clean, while on the other hand, the Water Supply Corporation claims that it complies with WHO standards. A dispute arises due to conflicting statements that the biological testing has been conducted. In such a case, where there is a discrepancy leading to a dispute, it is necessary to resolve questions regarding whether the water distributed by the Water Supply Corporation meets the standards set by the WHO or not according to Number 184(a) Chapter on Court Proceeding, Muluki Ain, 2020. The resolution should be based on evidence provided, and conclusions should be drawn based on that evidence. In the context of ordinary jurisdiction, it is natural to resolve controversial issues by taking the evidence. However, in the case of petitions under extraordinary jurisdiction (such as writs), it is not always feasible to resolve disputes in the same manner as in regular cases. Given that the Nepal Water Supply Corporation cannot be exempted from its significant responsibility towards the public, the corporation must remain continuously vigilant and aware of its duties and responsibilities as stipulated by the law. It should strive to provide clean, adequate, and regular water distribution by conducting necessary studies and research and seeking grant assistance as much as possible. Furthermore, the corporation must ensure that its subordinate water supply corporations adhere to the preamble of the Act regarding the distribution of clean and safe water. Also, submit a formal request to direct the Ministry of Housing and Physical Planning, which acts as the contact ministry accordingly to pay special attention to this matter as it is essential.
Precedent established