The Bombay High Court while dealing with a plea filed by a prisoner has directed the Secretary of the DLSA (District Legal Services Authority) to visit the Taloja Jail to verify the water supply made available to the inmates of the said jail.

A Division Bench comprising Justice Revati Mohite Dere and Justice Gauri Godse observed, “Considering the condition and the issues raised in the aforesaid petition, we deem it appropriate to direct the Secretary, DLSA, Raigad, to visit Taloja Jail, on Saturday i.e. on 17th June, 2023, at 10.00 a.m. to verify the water supply made available to the inmates of Taloja Jail. The Secretary, DLSA, Raigad, to see whether the wells are in working condition; whether the water tanks from where water is supplied have been cleaned; and whether rain water harvesting can be available in Taloja Jail.”

The Bench further directed the Secretary, DLSA, Raigad, to also interact with the inmates of Taloja Jail, and verify the supply of water, and the quality of water made available to the inmates.

Advocate Sandesh Manikhedkar represented the petitioner while APP P.P. Shinde and Advocate Ashutosh Kulkarni represented the State and CIDCO respectively.

In this case, one of the inmates of the Taloja Jail sought adequate water for the inmates of the jail and prayed that the CIDCO be directed to provide adequate water to the jail as the inmates were currently getting only 1.5 buckets of water for the entire day which was grossly inadequate.

Considering the aforesaid, the High Court vide order dated June 8, 2023, directed the APP to take instructions. Since certain directions were sought against CIDCO, notice was also issued to it making the same returnable on June 13, 2023.

The High Court in the above regard noted, “It appears that the certain letters have been sent by the Government to CIDCO, including one in the last one week, requesting for more water supply. It appears that CIDCO has increased the size of the pipeline from 80 MM to 100 MM, however, the water supply is still inadequate for the inmates of Taloja Jail.”

The Court further noted that as per the APP, there are two wells within the premises of Taloja Jail and that both are functioning, and that one of the wells has been repaired recently.

“When questioned, learned APP states that as on today, there is no provision for rain water harvesting. She further submits that presently, the inmates are given about 10 buckets of water daily, which statement seriously refuted by the learned Counsel for the petitioner”, said the Court.

The Court directed that none of the officers from the said jail will remain present during the interaction of the DLSA Secretary with the inmates.

“Accordingly, the Secretary, DLSA, Raigad, to submit his report before this Court on 22nd June, 2023. It is open for the Secretary, DLSA, Raigad, to incorporate other details with respect to water supply to Taloja Jail inmates”, said the Court.

The Court also observed that the authorities i.e., a responsible officer from CIDCO as well as the Deputy Secretary from the Home Department remain present during the said inspection and that the concerned Collector from the Raigad District will also remain present during the same.

Accordingly, the Court listed the matter on June 22, 2023.

Cause Title- Abhay Shamsundar Kurundkar v. The State of Maharashtra

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