Regulation and monitoring of ground water extraction for commercial usage are essential, and individuals cannot sell ground water for monetary gains without obtaining proper licenses.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from disturbing the petitioner from taking water from his Bore Well situates in R.S.No.114/2 of Moolakkarai Village and supplied it to feed the cattle and to irrigate the coconut trees belongs to the relatives and friends of the petitioner.)

1. The Writ of Mandamus has been filed to forbear the respondents from disturbing the petitioner from taking water from his Bore Well situates in R.S.No.114/2 of Moolakkarai Village and supplied it to feed the cattle and to irrigate the coconut trees belongs to the relatives and friends of the petitioner.

2. The petitioner states that he owns agricultural land in R.S. No.114/2 of Moolakkarai Village, Erode District. A Bore Well exists in the said property and the petitioner is using the Well water for agricultural purposes.

3. At the request of the petitioner''s relatives and his friends, the petitioner allowed them to take water from the said Bore Well by Tractor for the purpose of irrigating their standing coconut trees and for cattle in order to save them, since severe draught is prevailing in that area. The petitioner on humanitarian ground granted permission to use the Well water by his relatives and friends at free of cost.

4. The petitioner has been provided with Commercial Electricity Service Connection for the Bore Well and under those circumstances, the Authorities during Surprise Inspection found that the petitioner is supplying water for commercial purposes and receiving remuneration.

5. The Authorities have initiated action and thus the petitioner is constrained to move the present writ petition.

6. Usage of Well water for agricultural purposes in respect of the land belongs to the petitioner is permissible. If at all the petitioner is using the Well water for commercial purposes or selling the water to any other persons, then the petitioner has to obtain proper license from the Competent Authorities.

7. The petitioner cannot sell the water for monetary gains without obtaining proper license from the Competent Authorities.

8. Regulation of ground water, grant of permission, inspection by the Authorities and the Monitoring Committee, are elaborately considered by this Court in the judgment dated 03.10.2018 in WP Nos.28535 to 28539 of 2014 etc. batch. The operative portion of the judgment, reads as under:-

  “108. The Committee constituted is empowered to conduct surprise inspections in respect of the Ground Water extracted by the individuals and the establishments for commercial purposes and by violations of illegal extractions shall be viewed seriously and immediate actions are to be taken in accordance with law. The respondents / State may decide of charging for extraction of Ground Water for commercial usage and such a policy decision shall be considered in due course appropriately.

  109. Coming to the regulatory part of the Extraction of Ground Water, all these commercial establishments, as discussed in the aforementioned paragraphs, implementation of the regulations are certainly imminent and the same is lacking on account of proper Mechanism and guidelines. Thus, this Court is inclined to pass the following orders:

  (1) The impugned order of regulation issued by the 1st respondent in G.O.Ms.No.142, dated 23.07.2014 is confirmed.

  (2) The respondents are directed not to grant licence, No Objection Certificate (NOC) or permission for the commercial establishments / person to extract ground water for commercial usage in the absence of fixation of water Flow Meter on the Board outlet, which is to be inspected.

  (3) The respondents are directed to inspect the functional quality and other established standards of the Flow Meters fixed by the persons, who all are applying for permissions / No Objection Certificate (NOC) and at the time of granting permission /