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2021 Supreme(Online)(Ker) 44672
KERALA HIGH COURT
Court, ACJ
Suo Motu proceedings initiated based on the High Court Order dated March 22nd 2018 with regard to Depletion of Ground Water Resources v. State of Kerala and Others
Writ Petition (Public Interest Litigation) | No. 12345 of 2021
For the Appellants/Petitioners: None
For the Respondents: Special Government Pleader
The court emphasized the statutory duty of the government to regulate groundwater extraction to conserve resources, stating that unregulated abstraction violates public trust and endangers future water availability.
Headnote:(A) Kerala Ground Water (Control & Regulation) Act, 2002 - The court addressed the depletion of groundwater resources, directing the government and authorities to take urgent action regarding groundwater extraction and be governed by statutory provisions. (Paras 2, 4, 25, 28)
(B) Public Interest Litigation - The court asserted its duty to safeguard public trust over water resources and emphasized comprehensive planning for conservation for future generations. (Paras 2, 4)
Facts of the case:
The court noted alarming reports on groundwater depletion prompting suo motu action, emphasizing the governments' failure to address water preservation. (Paras 1-3)
Findings of Court:
The court ruled on the need for statutory compliance and monitoring to prevent illegal groundwater extraction, insisting on a detailed plan from authorities to regulate groundwater effectively. (Paras 6, 28)
Issues: The key issues included the responsibility of the state to maintain groundwater resources and the need for an effective regulatory framework to manage groundwater extraction within permissible limits. (Paras 28)
Ratio Decidendi: The court ruled that both government bodies and private entities are bound by the provisions of the Kerala Ground Water Act to ensure sustainable groundwater management and prevent illegal exploitation. (Paras 25-28)
Result: Petition disposed with directives for compliance, monitoring, and regulatory action. (Paras 28)
| Table of Content |
|---|
| 1. judicial notice of public interest in groundwater depletion. (Para 1 , 2) |
| 2. alarming factual background regarding water resource depletion. (Para 3) |
| 3. court reiterates the need for governmental and agency actions. (Para 4 , 6 , 8) |
| 4. counterarguments concerning groundwater extraction effects. (Para 5) |
| 5. definitions and duty of the government under the act. (Para 12 , 13 , 19) |
| 6. court's directive for regulatory compliance and inspections. (Para 25 , 27 , 28) |
1. Instant public interest writ petition has been registered suo motu on the basis of a reference made by a Hon'ble Division Bench of this Court in the order dated 22/03/2018 as regards depletion of ground water resources.
2. Relevant portion of the order dated 22/03/2018 reads thus:
“9. Prima facie we are of the opinion that the Governments both at the Centre and the State has to seriously look at the problem not with respect to the present circumstances alone; but with a vision for preserving water for the future generations. Ground Water preservation measures if not taken up on war footing; the very life on earth will be endangered. We are not for a moment struggling that there should be deprivation now, to keep for the future. But the tapping of resources should be by way of a comprehensive plan to ensure sustenance and also to rejuvenate the sources. We remember with trepidation the prophecy that the third world war will be fought for drinking water. The successive Governments have failed to address the concern with due seriousness and in that context this Court, exercising its extraordinary jurisdiction, in Public Interest should look into the pressing problem of impending total depletion of water resources; in the context of the Public Trust Doctrine. We direct the Registry to take on record the above order with the annexures and suo motu register a writ petition as a Public Interest Litigation with the above parties and place the matter before the Hon'ble The Chief Justice for orders to post the case before the Bench having jurisdiction for PIL or any other appropriate Bench.”
3. Short facts required for the disposal of the writ petition are that; this Court, while dealing with a spate of writ petitions seeking for protection from obstructions caused due to digging of bore wells and tube wells, took note of various paper reports, which projected an alarming situation with respect to depletion of ground water resources.
4. The Court further observed that both Central and State Governments have to seriously look at the problem with a vision for preserving water for the future generations and that, there should be a comprehensive plan for tapping of resources. The successive Governments have failed to address the issue with due seriousness. In that context, exercising its extraordinary jurisdiction, this Court, in public interest, should look into the pressing problem of impending total depletion of water resources. The Court also directed the registry to take on record the above order with annexures and register a suo motu writ petition as a Public Interest Litigation, with the parties mentioned in the order. Hence, this writ petition.
5. Refuting the averments in the writ petition, Kerala State Ground Water Department, represented by its Secretary, Government, Secretariat, Thiruvananthapuram, 7th respondent has filed a statement dated 28th September, 2021, wherein it was contended as under:
A. The present suo motu writ petition has been initiated out of misconception of the public that bore Wells and tube Wells are extracting yield from the same aquifer (an aquifer is an underground layer of water - bearing permeable rock, rock fractures or unconsolidated materials viz., gravel, sand, or silt where the ground water is stored), which are being relied by the open Wells and thus, lead to depletion of water in the open Wells.
B. Bore Wells tap fractured aquifers in confined / semi confined condition, whereas open Wells tap unconfined aquifers only. According to
