CERS v. Ahmedabad Municipal Corporation (AMC) & State of Gujarat Copy

Background:

In November 1993, a severe outbreak of jaundice occurred on the West Bank of the Sabarmati River in Ahmedabad, resulting in the deaths of over 100 persons and affecting more than 1,500 residents. The cause was traced to polluted and contaminated water supplied by the Ahmedabad Municipal Corporation (AMC).

Recognizing the grave public health hazard, CERC (Consumer Education and Research Centre), along with the legal heirs of the deceased victims, filed a massive public interest complaint before the Hon’ble Consumer Disputes Redressal Commission against AMC and the Government of Gujarat, holding them accountable for supplying unsafe drinking water.

Findings and Directions of the Hon’ble Commission:

After extensive hearings, the Hon’ble Commission issued detailed and far-reaching directions to safeguard public health and ensure the continued supply of safe drinking water to citizens. The key directives included:

• Compliance with Affidavits: AMC was directed to comply with all affidavits filed before the Commission regarding corrective measures.
• Fortnightly Inspection: The Municipal Corporation was ordered to carry out fortnightly inspections of water tanks and maintain cleanliness as per the Commission’s order dated 24th July 2006.
• Monitoring by Senior Officers: Senior officers of AMC were instructed to personally visit the affected areas, ensure that water tanks were properly sealed to prevent contamination by animals, and file fortnightly water testing reports.
• Implementation of WHO Guidelines: AMC was directed to adhere to the World Health Organization’s Preventive Management Framework for Safe Drinking Water, which includes:
  1. Health-based targets based on evaluation of health risks.
  2. System assessment from source to consumer to ensure safety standards.
  3. Operational monitoring of control measures.
  4. Comprehensive management plans for operations, incidents, and improvements.
  5. Independent surveillance to verify effective implementation.
• Transparency: Periodic zone-wise water testing reports were to be published in newspapers for public awareness.
• Infrastructure Maintenance: Old and rusted pipelines were to be inspected and replaced periodically.
• State Oversight: The Government of Gujarat was directed to ensure that AMC complied with all directions issued by the Commission.

Significance of the Judgment:

The Hon’ble Commission emphasized that ensuring the quality, purity, and safety of public services such as drinking water is a fundamental consumer right under the Consumer Protection Act. It was observed that the State Consumer Protection Council has a duty to inform and protect consumers from hazardous goods and services rendered by public authorities.

The Commission appreciated the efforts of CERC and recognized its contribution to safeguarding public health. As a token of acknowledgment, the Government was directed to pay ₹50,000 as costs to CERC for its valuable work in protecting consumer interests.