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Kerala High Court: The Court identifies that the groundwater is at risk and makes regulations for the use of Future generations

5 Feb 2024 12:40 PM

The Kerala High Court has focused on the factors of low level of groundwater from its higher level and to direct the regulations for the usage of groundwater resources should pave the way for use of future generation.

  • The Writ Petition challenging the conditions for construction of bore well imposed upon petitioner by the Director of Ground Water Department.

  • The Petitioner argued that he had obtained No Objection Certificate from the District Officer before the construction work of the bore well for domestic use.

  • In that area, the residence association contended and filed an appeal challenging the NOC and permission given for construction of borewell in that region.

  • The Respondent argued that the maximum water extraction due to the construction of bore wells is not mentioned by the petitioner. 

The Court stated that the groundwater is essential for the flourishing of the Soil minerals and the ecosystems. The regulations are mandatory not optional. It finds that the Kerala Ground Water (Control and Regulation) Act, 2002 mandates that the pumping test is done to examine the water content in that borewell constructed region. After that test is conducted, the District Level Evaluation Committee made recommendations of Borewell Construction for groundwater extraction.

The Court reminded the groundwater protection and regulations that are vested in the Law and its importance and usage measures.

Justice Devan Ramachandran held that the NOC is invalid because the intention and purpose for the construction of the borewell is not mentioned and notified by the petitioner. So, the petitioner had to file a fresh application to construct a borewell in that region.

The regulations for the construction of borewell, regulates the groundwater extraction and concerns on the rationality, control, safety, sustainability and care for future generations.

CASE NAME: Sreeranj V. State of Kerala

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