The Kerala Ground Water Authority must be adequately staffed and funded to effectively regulate groundwater resources as per statutory mandates.

JUDGMENT :

Nitin Jamdar, C.J.

This public interest petition seeks to highlight various issues regarding ground water in Kerala, such as contamination, unsustainable drawal, and the unregulated collection by tankers from unauthorized and substandard water-vending points causing serious health hazards.

2. By order dated 7 February 2025, Ms. Anjana Kannath, learned counsel, was appointed as Amicus Curiae. The learned Amicus Curiae has submitted a detailed note.

3. The Petitioner and the learned Amicus Curiae submit that, apart from various issues highlighted in the petition as regards Ernakulam District, one of the most thickly populated areas in the State, the water sources are affected by saline intrusion. Due to the scarcity and shortage of drinking water, the unhygienic supply of ground water poses a serious threat. They contend that due to the contamination of water, a number of waterborne diseases are reported in Ernakulam. They submit that this problem persists in varying degrees in other parts of Kerala as well.

Depletion of Ground Water Resources v. State of Kerala and Others, 2022 (1) ILR(Ker) 627 wherein the State Government, the District Administration, and the local authorities were directed to ensure the regulation of ground water supply. The Court directed to ensure that the ground water is withdrawn by the commercial establishments and other bulk water supply operators only after securing necessary clearances and licenses from the statutory authorities. The District Administration and Local Self Government Institutions were directed to check that wells are not dug up, without securing permits / licenses, in accordance with the provisions of the Kerala Municipalities Act, 1994, the Kerala Panchayat Raj Act, 1994, and the rules framed thereunder. Periodical inspections were directed to ensure compliance with the statutory provisions. Similar directions were issued by this Court in the case of Sali M. N. v. State of Kerala , 2023 (1) KHC 48.According to the Petitioner, despite the directions of this Court, the issues regarding ground water persist, and since the Authorities are not taking cognizance of the same, this petition is filed seeking a direction to the Respondents Authorities to enforce compliance with the statutory provisions.

Section 3 of the Environment (Protection) Act, 1986 (Act of 1986), as per the directions of the Hon’ble Supreme Court. Its primary objective is to regulate and manage ground water resources in India by issuing guidelines and monitoring ground water extraction. The CGWA has the powers to issue directions and take measures regarding ground water management, resort to penal provisions under the Act of 1986 and the like. On 29 March 2023, the CGWA issued consolidated guidelines to regulate and control ground water extraction in India.

Kerala Ground Water (Control and Regulation) Act, 2002 (Act of 2002) was enacted to provide for the conservation of ground water and for the regulation and control of its extraction and use in the State of Kerala. Under Section 2 (1)(c) of the Act of 2002, ‘Ground Water’ means the water which exists below the surface of the ground at any location or at any particular category of locations. Section 3 of the Act of 2002 constitutes the State Ground Water Authority. The Authority, a body corporate with perpetual succession and a common seal, is an independent entity. The Authority consists of the Secretary to Government, Water Resources Department, as its ex officio Chairman; the Secretary to Government, Finance Department, ex officio; the Secretary to Government, Local Self Government (Ru