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K. G. BALAKRISHNAN, B. S. CHAUHAN, C. K. PRASAD
In Re: Measures for Prevention of Fatal Accidents of Small Children Due to their falling into Abandoned Bore Wells and Tube Wells – Appellant
Versus
Union of India – Respondent
ORDER :
1. Heard the learned Amicus Curiae and the learned Addl. Solicitor General appearing for the Union of India.
2. It has been brought to the notice of this Court that in a number of cases children had been trapped and fallen into bore wells and tube wells or abandoned wells. These reports have been coming from various States. Accordingly, we took suo motu initiative and issued notice to the various States to take immediate measures to prevent such kind of incidents.
3. The Union of India has filed its counter affidavit giving certain guidelines to be followed by the States.
4. We have perused the affidavit and the guidelines suggested by the Union of India.
5. Having regard to the number of incidents that have taken place during the recent past and immediate need for preventing such incidents in future, we direct that the following safety measures/guidelines are to be observed by all the States:-
An exercise shall be undertaken by the respective District Administration, in order to ensure that the ground water, consequent to the illegal withdrawal/abstraction is not depleted.
Guidelines on well-spacing inapplicable to domestic wells for public drinking water supply.
The court emphasized the statutory duty of the government to regulate groundwater extraction to conserve resources, stating that unregulated abstraction violates public trust and endangers future wat....
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