Madras High Court
M/S.Sky Moon Aqua vs 4 The Chief Engineer on 23 September, 2021
WP No.33457 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.09.2021
CORAM:
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.33457 of 2016
and WMP Nos.28884 & 28885 of 2016
M/s.Sky Moon Aqua,
rep. By Partner. .. Petitioner
Vs
1 The Principal Secretary to
Government of Tamil Nadu,
Public Works (R2) Department,
St. Fort George, Chennai-600 009.
2 The Chairman,
Tamilnadu Pollution Control Board,
Guindy, Chennai-600 032.
3 The Central Ground Water Board,
Govt. of India-Ministry of Water Resources,
South Eastern Coastal Region,
Rep. by Regional Director,
E-1, G-Block, Rajaji Bhavan, Besant Nagar,
Chennai – 600 090.
4 The Chief Engineer,
Public Works Department,
Water Research Organization,
State Ground & Surface Water
Resources Data Centre,
Taramani Chennai-600 113 .. Respondents
https://www.mhc.tn.gov.in/judis/
1/8
WP No.33457 of 2016
PRAYER: This Writ Petition is filed under Article 226 of the
Constitution of India, praying for issuance of Writ of Certiorari, calling
for the entire records in connection with the impugned G.O.(Ms).No. 142
Public Works (R2) Department dated 23.07.2014 of the first respondent
and quash the same impugned G.O dated 23.07.2014.
For Petitioner : Mr.S.Kamalesh Kannan
For Respondents : Mr.C.Kathiravan (for R1 and R4)
Government Advocate
Mrs.Rita Chandrasekar (for R2)
Mr.K.Srinivasamurthy (For R3)
Central Govt. Counsel
ORDER
The relief sought for in the present writ petition is to quash the
impugned G.O.(Ms).No. 142 Public Works (R2) Department dated
23.07.2014 of the first respondent.
2. This Court has already dealt with the issues relating to the
regulations of ground water, considering the need for regulating such
extraction. The judgment was delivered on 03.10.2020 in a batch of writ
petitions viz., WP No.28535 to 28539 of 2014, etc. The relevant portion
of the judgment is extracted hereunder.
https://www.mhc.tn.gov.in/judis/
WP No.33457 of 2016
“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 / No
objection Certificate (NOC), the Flow Meter should be sealed properly
by the respondents / Public Works Department (PWD) officials.
(4) The Flow Meter must be sealed in such a way to prevent
any tampering by any person. Quantum of Water to be extracted by
individuals, are to be fixed periodically as per the assessment to be
made by the P.W.D. Authorities as per the Regulations.
(5) The respondents are directed to measure the quantum of
water extracted by the establishments / persons by taking meter reading
every Month and accordingly, the same is to be regulated.
https://www.mhc.tn.gov.in/judis/
WP No.33457 of 2016
(6) The respondents are directed to follow all other terms and
conditions fixed for grant of licence / permission for Extraction of
Ground Water for commercial usage as per the guidelines issued in
G.O.Ms.No.142, Public Works Department dated 23.07.2014.
(7) The respondents are directed to register the Police
complaint in the event of identifying any excess Extraction of Ground
Water by tampering the Flow Meters sealed or by any other means by
any person. The case must be registered Under Section 379 of Indian
Penal Code (IPC). In addition, if the water is wasted for causing
wrongful loss, then Section 425 of the Indian Penal Code (IPC) will
also attract.
(8) The respondents are directed to suspend the licenses by
issuing show cause notices and by providing an opportunity to the
persons, who have involved in the offence of theft or violation of all
other conditions stipulated in the Government Regulations, or if a
criminal case is registered. If any person is convicted, then he shall be
permanently debarred from getting licence for Extraction of Ground
Water.
(9) The District Collectors of all the Districts in the State of
Tamil Nadu are directed to issue suitable directions / orders to the
Revenue Divisional Officer, Tahsildars and all other officials
concerned to inspect and monitor the Extraction of Ground Water by
the persons for commercial usage.
(10) The District Collectors of all the Districts are directed to
constitute monitoring committees to monitor the Extraction of Ground
Water by the individuals for commercial purposes.
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WP No.33457 of 2016
(11) Each Monitoring Committee appointed by the District
Collector concerned, shall consists minimum of five persons and the
Committee is empowered to monitor the Extraction of Ground Water
for commercial purposes by the individual persons and commercial
establishments.
(12) The Monitoring Committee shall consists of the following
persons:
(i) The District Environmental Engineer from Pollution Control
Board of the State of Tamil Nadu.
(ii) One qualified Public Works Department (PWD) Engineer
from Water Resources Department.
(iii) The Assistant Director of Zoology and Mining of the State
Government.
(iv) The Revenue Divisional Officer of the concerned locality.
(v) One nominee from the office of the Chief Engineer, Central
Ground Water Board of the Government of India.
(13)The Monitoring Committee is entitled to collect proofs and
documents in respect of the Extraction of Ground Water illegally and
excessively by any person and submit a complaint / report to the
District Collector concerned, who in turn, after verifying the same,
shall register a complaint with the Jurisdictional Police for registering a
criminal case under the provisions of Indian Penal Code (IPC).
(14) It is needless to State that, only in the event of compliance
of the regulations and conditions imposed in this order, the persons /
establishments shall be allowed to extract the Ground water for
commercial usage or for commercial purposes.
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WP No.33457 of 2016
(15) The 1st respondent / Secretary, Public Works Department
is directed to issue a consolidated instructions in this regard based on
the order passed in the present writ petitions to all the District
Collectors, enabling them to implement the Court orders promptly.”
3. In view of the above, the case of the writ petitioner is also to be
considered in the light of the directions issued in the above judgment.
4. Thus, the Writ Petition stands disposed of. No costs.
Consequently, the connected Writ Miscellaneous Petitions are closed.
23.09.2021
Speaking/Non-speaking order
Index: Yes/No
Internet: Yes
ars
https://www.mhc.tn.gov.in/judis/
WP No.33457 of 2016
To
1 The Principal Secretary to
Government of Tamil Nadu,
Public Works (R2) Department,
St. Fort George, Chennai-600 009.
2 The Chairman,
Tamilnadu Pollution Control Board,
Guindy, Chennai-600 032.
3 The Regional Director,
Central Ground Water Board,
Govt. of India-Ministry of Water Resources,
South Eastern Coastal Region,
E-1, G-Block, Rajaji Bhavan, Besant Nagar,
Chennai – 600 090.
4 The Chief Engineer,
Public Works Department,
Water Research Organization,
State Ground & Surface Water
Resources Data Centre,
Taramani Chennai-600 113
https://www.mhc.tn.gov.in/judis/
WP No.33457 of 2016
S.M.SUBRAMANIAM, J.,
ars
WP No.33457 of 2016
23.09.2021
https://www.mhc.tn.gov.in/judis/
