Kerala High Court Emphasizes on Groundwater Vulnerability Calls for Sustainable Regulations

Kerala HC Law Insider

LI Network

Published on: February 5, 2024 at 14:11 IST

The Kerala High Court has underscored the vulnerability of groundwater and emphasized the need for regulations that prioritize rationality, control, safety, sustainability, and concern for future generations.

Justice Devan Ramachandran highlighted that uncontrolled usage of groundwater, despite its replenishable nature, can have adverse effects on ecosystems, making stringent regulations imperative.

The Court stated, “Groundwater is vulnerable and limited, impelling unexpendable regulations in most parts of the world; especially since uncontrolled exploitation of aquifers by even small water users can affect the ecosystems.”

In a specific case, the petitioner challenged conditions imposed by the Director of the Ground Water Department for constructing a bore well.

The petitioner had obtained a No Objection Certificate for extracting groundwater for domestic purposes but faced challenges from a residents association. The court emphasized the importance of disclosing the nature of construction and clarified that the NOC could not be granted without such details.

The Court quashed the Director’s order and allowed the petitioner to submit a fresh application with all relevant details for consideration based on statutory prescriptions and applicable rules.

Case Title: Sreeranj v State of Kerala

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