Madhya Pradesh High Court Appoints One-Man Commission To Investigate Indore Water Contamination; Orders Daily Water Quality Testing
The Madhya Pradesh High Court was considering the Public Interest Litigations relating to the water contamination tragedy of Bhagirathpura of Indore Municipal Corporation.
Justice Vijay Kumar Shukla, Justice Alok Awasthi, Madhya Pradesh High Court (Indore Bench)
The Madhya Pradesh High Court has appointed Former Judge of Madhya Pradesh High Court Justice Sushil Kumar Gupta as a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city. The High Court has also asked the Commission to carry out daily water quality testing and ensure that medical camps are conducted by the health department.
The High Court was considering the writ petitions filed by way of Public Interest Litigations or in individual capacity relating to the water contamination tragedy of Bhagirathpura (Ward No.11 of Indore Municipal Corporation) and also to the other areas of Indore town. The Petitions raised various grievances of negligence, mismanagement, corrupt and lackadaisical attitude of the administration, resulting in casualties.
The Division Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi stated, “Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority.”
The Bench also ordered, “The respondents are directed to ensure compliance with the following directions in addition to the earlier interim directions contained in para 8 of the order dated 6.1.2026:-
[i] Daily water quality testing.
[ii] Medical camps to be conducted by the health department”
Senior Advocate Ajay Bagadia represented the Petitioner while Advocate Peyush Jain represented the Respondent.
Arguments
The petitioners disputed the interim reports submitted by the State government and Indore Municipal Corporation. They argued that on the ground level, the supply of drinking water as per the directions was not being complied with. It was their case that the appointment of the so-called High Power Committee was nothing but an eyewash to save the officers and employees who were negligent in the said incident.
Reasoning & Directions
Noting that "Right to life" includes "Right to clean drinking water" and finding that all petitions fell within the ambit of public health emergency, which is enshrined under Article 21 of the Constitution of India, the Bench noted that the Court had categorised the issues into different headings. These included emergency directions in respect of the affected persons of the said area; preventive as well as corrective measures; inquiry orders; disciplinary and penal action; compensation of victims; directions to local bodies; public awareness and transparency, etc.
The Bench stated, “Thus, considering the serious issue concerning contamination of the drinking water supply in the Bhagirathpura area of Indore, which allegedly results in widespread health hazards to residents, including children and elderly persons. According to the petitioners and media reports death toll is about 30 till today, but the report depicts only 16 without any basis or record.”
The Bench further took note of the averments that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain portable water standards have led to the outbreak of water-borne diseases. “Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny”, it added.
Holding that an independent fact-finding exercise needs to be taken, the Bench ordered, “Accordingly, we appoint Justice Sushil Kumar Gupta, Former Judge of Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city.”
The Bench further asked the Commission to submit a report on the cause of contamination, source and nature of contamination and public health inputs. The Bench also explained that the Commission shall have powers of a Civil Court for summoning officials and witnesses or calling up records from the Government department, hospitals, laboratories and civic bodies.
The Bench further asked all the State authorities, involving district administration, Indore Municipal Corporation, Public Health Engineering department and Madhya Pradesh Pollution Control Board, to extend full co-operation and provide records as sought by the Commission. The Bench also asked the Commission to submit an interim report after four weeks from the date of commencement of proceedings.
The matter has now been listed on March 5, 2026.
Cause Title: Prabhat Pandey v. The State of Madhya Pradesh (Neutral Citation: WP-50641-2025)
Appearance
Petitioner: Senior Advocate Ajay Bagadia, Advocates Saily Purandare, Aditya Pratap Singh, Manish Yadav, M.S Chandel, Ritesh Inani
Respondent: Advocates Peyush Jain, Rishi Tiwari, Kapil Duggal, Tanishq Patel