Advocates Appeared:
For the Petitioners: K.R. Rajkumar.
For the Respondents: Sri. K.P. Harish, Shri. P. Benjamin Paul, Sri. P. Martin Jose, Sri. T.A. Unnikrishnan, Sri. P. Prijith, Sri. K.K. Akhil, Sri. Thomas P. Kuruvilla, Sri. S. Sreekumar (Sr.)

Yes, the consent of the Groundwater Authority (in the form of a No Objection Certificate (NOC), permit, or registration) is necessary for the extraction and use of groundwater, particularly for commercial, industrial, or business purposes.

• The Kerala Ground Water (Control and Regulation) Act, 2002 empowers the Groundwater Authority to regulate extraction through permits, registration of wells (especially in notified areas), and evaluations considering factors like purpose of use, recharge rates, and water levels. (!) (!) (!) (!) (!)
• Registration of existing wells is mandatory in notified areas within 120 days of the Authority's constitution, with the Authority assessing applications under Section 8(3), and it can receive late applications with sufficient cause. (!) (!)
• Section 15 grants the Authority broad powers, including inspections, identifying shortages, and exercising other necessary functions (e.g., S.15(1)(k)) to implement the Act's objectives, even extending provisions to non-notified areas facing depletion from commercial over-exploitation. (!) (!)
• For industrial abstraction (including commercial supply), NOC from the State Ground Water Authority is mandatory even in "safe" blocks per guidelines issued w.e.f. 15.4.2018; sale/supply of raw groundwater for commercial use by unauthorized agencies is prohibited. [15000528540006] (!) (!) (!) (!)
• Guidelines specify conditions like recycling/reuse percentages and recharge measures based on block category (safe, semi-critical, critical, over-exploited), applicable to industries, infrastructure, and commercial projects. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
• The Court holds that authorities have ample powers under the Act, Rules, 2004 (under S.27(1)), Environment (Protection) Act, 1986 (S.5), and related notifications to require compliance, rejecting claims of no licensing law; commercial establishments must obtain approvals to prevent unregulated depletion. (!) (!) (!) (!) [15000528540018][15000528540019]
• Local bodies (under Kerala Municipality Act/Panchayat Raj Act/Building Rules) also require permits for well construction, reinforcing regulatory oversight. [15000528540018]
• Directions mandate periodic inspections to assess extension of provisions/registration and ensure no illegal extraction, confirming consent's necessity. (!) (!)