Madurai Bench of the Madras High Court recently observed that in the absence of any statute, regulations or executive instructions barring a person to extract water from his own borewell, no prohibitory orders can be passed against its owner or persons to whom the borewell owner had permitted to withdraw water.
The court was hearing a public interest litigation petition filed by A. Balamaniraj of Allikulam in Thoothukudi district. The petitioner complained that because of illegal transportation of drinking water from private borewells, the groundwater table was going down due to which Allikulam was facing water scarcity. So, excessive extraction of water from borewells must be stopped , he said.
Except in Chennai, Kancheepuram and Tiruvallur districts, there was no legislation to regulate extraction of water anywhere in the State. Though a Division Bench of the court had requested the State government to bring out a legislation to regulate extraction of water in other parts of Tamil Nadu, the State government had not yet implemented it, he said.
“It is not a case that unregulated water is being extracted from public borewells; had it been the case, certainly the petitioner can approach the authorities concerned”Division BenchMadurai Bench of Madras High Court
A Division Bench of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice P. Vadamalai observed that it was not a case that unregulated water was being extracted from public borewells. Had it been the case, certainly the petitioner could approach the authorities concerned who would look into the grievance.
Disposing of the petition, the court observed that if the petitioner could lay hands on any executive instructions or a statute, then in that case, the petitioner could approach the authority concerned.
