Plea in SC to stop water supply to Maharashtra liquor units

17 May 2016

The Supreme Court has agreed to hear a plea seeking a complete ban on water supply to distilleries and breweries in drought-hit regions of Maharashtra.

The Aurangabad bench of the Bombay High Court had recently asked the state government to curtail water supply to the liquor industry by 60 per cent from 10 May, which would be operative till 27 June.

A vacation bench of Justices Abhay M Sapre and Ashok Bhushan posted the matter for hearing on 23 May after Balasaheb Dakh, who appeared for Sanjay Bhaskarrao Kale, the petitioner, mentioned the matter, saying there should be no supply of water at all as the entire region is facing acute water shortage, and sought an early hearing.

''Where will the drinking water come from? There is no water. Do you think water will come by filing a petition?'' observed the bench after the counsel said people are being deprived of drinking water as it is being given to the liquor industries.

The Bombay High Court had earlier also directed that all Indian Premier League cricket matches be shifted out of Maharashtra because of the drought. The apex court had later upheld that order.

Kale's public interest litigation was against a directive of the high court's Aurangabad bench, which had on April 26 ordered a 60-per cent reduction in water supply to breweries and distilleries and other industry-related units, instead of cutting off the supply totally, as the social activist had sought.

The court had said such a step would strike a balance between the needs of domestic users and the industry, although it accepted Kale's contention that there was an acute shortage of drinking water because of the drought.

Kale complained that despite the acute shortage, the industry was guzzling a huge amount of water for production of liquor.

The petitioner cited figures to claim that the liquor industry in the state consumed approximately 90,000 million cubic feet of water every year, including unauthorised consumption. The petition contrasted that with the requirement for drinking and other domestic uses, which it said was less than 20tmcft a year.

Kale cited earlier apex court orders to contend that the right to access to drinking water was "fundamental to life" and it was the state's duty "under Article 21 to provide clean drinking water to its citizens".

The PIL also recalled a judgment when the court had said trade in liquor was "not a fundamental or constitutional right".

So water supply to this industry, it said, "should be completely stopped" so that the amount being used by liquor manufacturers could be "utilised for drinking purposes".