The Uttarakhand High Court has been very categorical regarding the right to supply borewell water to one of the private builders, and the legality of using and utilizing groundwater has cast serious doubt, as well as raised questions about the accountability of the administration. The court has invited the District Mining Officer (DMO) to be present in the court and give a report on how the approval was given.
The issue was raised when a public interest litigation (PIL) was being heard by the locals in Satoli village in Nainital district, Ramgarh block. The petitioners claimed that borewell water, which was a crucial natural resource, was diverted to commercial purposes by a private builder, which had a negative impact on the local water supply as well as environmental norms.
The petition shows that the builder had been allowed to extract and supply borewell water, which was supposed to be used by the populace for limited consumption. But according to the claims of villagers, the water was being diverted to individual cottages and business houses as opposed to the already available system of government water supply in the locality. This, they contended, was exploitation of groundwater, which was supposed to be used by the community.
In the hearing, the bench of the High Court was very angry as a result of the dependency on an ancient borewell permission that was issued in 2011. The court observed that permission was yet to be exercised, and it was difficult to exercise the same many years later without seeking new approvals. Another issue raised by the bench was the fact that there was no new No Objection Certificate (NOC) and that there was supposedly no clearance of the Central Ground Water Authority, which has to be given during such extraction.
The court noted that groundwater is a community natural resource, and it cannot be used to make individual profits without adhering to the law strictly. It further pointed out that governments should make sure that there is transparency and observance of environmental laws before such permits are issued.
The High Court had earlier instructed the District Mining Officer to provide a detailed report on who the water was intended for, in what rules the permission was granted and whether all the legal formalities had been followed. Nevertheless, it was found that the officer did not submit his report within the specified period, which led to his personal appearance ordered by a court because of the seriousness of the matter.
According to legal experts, the case points to rising judicial alarm over the unchecked groundwater drilling in hill states such as Uttarakhand, where the water scarcity is gradually evolving into a problem. The final case result may establish a valuable precedent to regulate the permission of borewells and guard the water resources of communities.
This case would be reheard once the District Mining Officer has been questioned before the court and has explained his side of the case.
