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2021 Supreme(Guj) 494
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. B. PARDIWALA, VAIBHAVI D. NANAVATI, JJ.
KAPILA PALKESH PATEL - Appellant
Versus
STATE OF GUJARAT - Respondent
WRIT PETITION (PIL) NO. 6 of 2021
Decided On : 02-07-2021
For the Appellant : MR. MANOJ T DANAK
For the Respondent: MR KAUSHAL D PANDYA
Point of Law: Public interest litigation - Illegal supply of ground-water by tankers - Some rights are capable of being granted by holders of the same or higher rights and some only by State. Even the State, having regard to the doctrine of "public trust", may not have any power to grant any right in relation to certain matters e.g. deep underground water.
Headnote:
Constitution of India,1950 - Article 21 - Environment (Protection) Act, 1986 - Sections 15 to 21 - Limitation Act - Section 25 - Relief and by way of interim order - Illegal supply of ground-water by tankers - Extraction of ground-water in the absence of any legal framework - Whether decision of the Panchayat that Company should not be permitted to extract ground water is legal and if so - Whether direction of the Government to hold an investigation into alleged excess use of ground water resulting in creation of drinking water scarcity and to take a decision thereon should be sustained or not - Writ-petition in nature of a Public Interest Litigation has been preferred by petitioner who is a resident of city of Surat, bringing to the notice of this Court that the respondents are not taking any action against persons, who are illegally selling and providing water drawn from tube-wells through tanker in the industrial area though said activities were earlier prohibited by Surat Municipal Corporation -petitioner on several occasions had made applications/representations to prevent such persons from engaging themselves in illegal activities addressed to the respondents Police Commissioner and Police Inspector, Police Station respectively, but no action has been taken so far in this regard -
Finding of the court: Central Ground Water Authority has appointed District Magistrate/ District Collector/ Sub Divisional Magistrates of each Revenue District/ Sub division as Authorized Officers, who have been delegated power to seal illegal wells, disconnect electricity supply to energised well, launch prosecution against offenders etc. including grievance redressal related to ground water in their respective jurisdictions - monitoring and compliance mechanism as per guidelines, officials of concerned Departments of Revenue and Industries of the States/Uts shall be appointed as Authorised Officers in consultation with State/Ut Governments - Compliance of conditions laid down in the no objection certificate shall be reported by the users online in the web portal of Central Ground Water Authority/state Ground Water Authority. Viii – Court direct the respondent No.1 to frame appropriate guideline and regulations following the directions given in Notification issued by the Central Government – Court also direct the State Government and local authorities to give effect to the guidelines and same be implemented in true spirit - writ petitioner has sought direction against the respondent authorities for stoppage of illegal supply of water by private owners through their bore-well to industries and private users in city of Surat as well as industrial units at Pandesara Industrial Estate – Court close this public interest litigation by expecting concerned authorities to adhere to guidelines in its true letter and spirit keeping it open to petitioner or any other citizen to raise grievance again before this Court
Result: Writ petition disposed of
JUDGMENT :
VAIBHAVI D. NANAVATI, J
1. This writ-petition in the nature of a Public Interest Litigation has been preferred by the petitioner who is a resident of city of Surat, bringing to the notice of this Court that the respondents herein are not taking any action against the persons, who are illegally selling and providing water drawn from the tube-wells through tanker in the industrial area of Udhna-Pandesara, though the said activities were earlier prohibited by the Surat Municipal Corporation (hereinafter referred to as the ‘Corporation’ for short) and there is a resultant breach of law. The petitioner on several occasions had made applications/representations to prevent such persons from engaging themselves in the illegal activities addressed to the respondents No.5 and 6 i.e. Police Commissioner, Surat city and Police Inspector, Pandesara Police Station, Surat respectively, but no action has been taken so far in this regard.
2. The present public interest litigation is in the interest of people at large as there are many industries, persons, owners of tube-well, bore-well providing water through tankers by charging huge amount from the industries and residents. The petitioner has filed this petition with the following prayers :-
“(A) Be pleased to admit this petition.
(B) Be pleased to issue an appropriate writ, order or direction upon the respondents Authorities to take actions against the private bore well owners, who are supplying water illegally to the Udhna-Pandesara industries and the respondent Police Authorities may be directed to register the complaint against such bore well owners forthwith and take action against them;
(C) Grant interim relief and by way of interim order, be pleased direct respondent Authorities to place explanation report for not stopping the owners of private bore well in supplying the water illegally within the time as may be prescribed by this Hon'ble Court.
(D) Pass such other and further orders. as may be deemed just and fit.”
3. The moot question raised by the petitioner in the present writ-petition is with regard to illegal supply of ground-water by tankers, pipelines to the industrial units in Udhna, Surat. Even otherwise, we have dealt with the similar issue while deciding the Special Civil Applications Nos.13193 and 15111 of 2014 to some extent.
4. The issue of restriction of ground-water is not restricted to the area of Pandesara, Udhna industrial estate and/or the city of Surat only, but it is a common concern throughout the State of Gujarat.
5. Submissions of the petitioner :-
5.1 Mr. Manoj T. Danak, the learned counsel appearing for the petitioner submitted that the petitioner is a public spirited person. According to the petitioner, she made representations repeatedly to the respondent-Corporation raising the above referred issue pointing out to the Corporation that there were some anti-social elements involved who wanted to extract money by providing water through tankers from their bore-well and also resorted to blackmail the owners of the industries. The Corporation replied to the said representations stating that the action was taken against the owners of such bore-well. It appears from the above fact that the concern shown by the petitioner in public interest litigation is that, there should be guidelines for regulation of ground-water extraction. The private bore-well owners should be required to seek permission from the authority and they should be an answerable about the usage and supply of water which would resultantly stop the illegal activities carried on by the private bore-well owners.
6. Submissions of the respondent-Corporation :-
6.1 Mr. Kaushal D. Pandya, the learned counsel appearing for the respondent-Corporation has fairly submitted that the Corporation on receipt of complaints take action against the water providers who resort to illegal activities which sometime result in sealing of the said business. However, he has submitted that the Corporation is not having any c
