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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, SYAM KUMAR V.M.
Shanavas S.N., S/o. Noorudheen Kunju – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. groundwater issues impact public health. (Para 1 , 2 , 3) |
| 2. need for legal frameworks in groundwater regulation. (Para 4 , 5 , 6) |
| 3. emphasis on operationalizing the kerala ground water authority. (Para 17 , 18) |
| 4. court mandates improvements for groundwater authority functioning. (Para 19 , 20) |
| 5. order for compliance reporting on groundwater issues. (Para 21 , 22) |
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
The Kerala Ground Water Authority must be adequately staffed and funded to effectively regulate groundwater resources as per statutory mandates.
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, havin....
CGWA must strictly regulate groundwater extraction in stressed areas to prevent depletion, rejecting lax guidelines and charges as substitutes.
CGWA compliance report rejected for defending flawed guidelines over conservation; Tribunal judgments binding, non-compliance punishable; ground water extraction in stressed areas must prioritize sus....
The main legal point established in the judgment is the mandatory requirement of publishing a notice of the application for permit in two leading daily newspapers as prescribed by Rule 17 of the Hima....
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.
The main legal point established in the judgment is the importance of disclosing the purpose of water extraction and the nature of construction when applying for ground water extraction, and the need....
Illegal groundwater extraction without valid CGWA NOC mandates environmental compensation, penalties, and sealing by District Magistrate per guidelines; authorities must compute EC per public notices....
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