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2013 DIGILAW 728 (BOM)

Voice of Villagers v. State of Goa

2013-03-26

A.P.LAVANDE, U.V.BAKRE

body2013
JUDGMENT : U.V. Bakre, J. Heard. 2. Rule. The Learned Additional Government Advocate waives service of notice on behalf of respondents no.1 to 5. 3. Heard forthwith with the consent of learned Counsel for the parties. 4. Alleging that there is unregulated trading, transportation and sale of ground water by various agencies such as private transporters, industrial establishments, hoteliers, restauranteurs, builders, developers, mining companies, and other commercial establishments, who are exploiting ground water by digging tube wells and bore wells,etc. without permissions, and which is having a severe impact on the ground water table in the State of Goa and stating that urgent steps are needed to be taken for regulation and control of the usage of ground-water for commercial purposes as per the orders/ directions issued by the Government and in accordance with the provisions of Goa Groundwater Regulation Act and the Rules framed thereunder and further submitting that the respondents no.2 to 4 have failed to perform their duties in accordance with law, the petitioner filed this Public Interest Litigation Writ Petition praying therein following reliefs: "a) For a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing the Respondents to forthwith take appropriate measures for regulation and control of the usage and transportation of groundwater in the State of preservation of ground water in accordance with the provisions of the Ground Water Regulation Act and Rules framed thereunder more particularly the remedial measures suggested in paragraph 37 hereinabove. b) Such other reliefs this Court deems fit in the facts and circumstances of this case." 5. In paragraph 37 of the petition, the petitioner had suggested following remedial measures that are required to be taken by the State Agencies: "a) The immediate capping/closure of all illegal wells i.e. wells which are sunk without permission of the ground water officer and without registration. b) Immediate revocation of the permits of water tankers operating without registration. c) Immediate directions to be issued to all owners of registered bore wells/tube wells to fit measuring devices (meters) to measure the amount of water being drawn therefrom. (d) Framing of a policy for grant of permission for sinking of wells, for drawing of water, for commercial use such as hotels, restaurants, constructions sites, factories, industries, workshops, etc. and to regulate the use of ground water by these establishments. (d) Framing of a policy for grant of permission for sinking of wells, for drawing of water, for commercial use such as hotels, restaurants, constructions sites, factories, industries, workshops, etc. and to regulate the use of ground water by these establishments. (e) The grant of permission to the aforesaid establishments should strictly be based on the ground water behavior and availability of ground water in the area, water scarcity areas and over exploited areas should be earmarked and no permissions for sinking of new wells should be granted in these areas except in certain cases where permission is sought for domestic use. f) It should be mandatory condition when permission is granted for setting up of new industries/hotels or factories, etc. that they should make arrangements for water supply without sinking bore wells/tube wells, particularly in the industrial estates which are declared as scheduled areas. g) The mining companies using ground water for their beneficiation plants should be directed to obtain permission from the ground water officer in terms of the Act and thereafter on obtaining permission to draw the ground water for their plants in accordance with the permission granted and on paying the prescribed fees." 6. In the affidavits-in-reply dated 28/08/2012, respectively filed by respondents No.3 and 4, various measures taken for the regulation and control of usage and transportation of ground water in the State of Goa from the Year 2002 in accordance with the provisions of the Ground water Regulations Act, 2002 and the Rules framed thereunder as also in accordance with the remedial measures suggested in paragraph 37 of the petition, have been stated in detail. Further steps which are going to be taken in future have also been stated. It is stated that the respondents No.1 to 4 are in the process of framing a policy for commercial use and domestic use and for regulation of the use of ground water. It is further stated that the Draft Goa Mining Policy(Major Minerals) 2012 specifically deals with the ground water preservation and its utilization. 7. On 25/09/2012, the learned Advocate General stated that in addition to the steps taken by the State Government, the Draft Mining Policy has been issued and that the State Government is open to suggestions in respect thereof. 8. 7. On 25/09/2012, the learned Advocate General stated that in addition to the steps taken by the State Government, the Draft Mining Policy has been issued and that the State Government is open to suggestions in respect thereof. 8. On 25/09/2012, the petitioner filed Affidavit-in-Rejoinder stating that the following measures are required to be urgently implemented, until further modalities and regulatory measures are worked out by the Government: "(a) All registered bore wells and open wells in commercial establishments used for commercial purposes to be immediately fitted with meters/ measuring devices, failing which the registration of the wells be cancelled and the wells capped. (b) All mining companies utilizing/drawing ground water for their beneficiation plants and for extraction of ore be directed to fit meters/measuring devices to their pumps. An outer limit has be fixed/determined for the quantum of ground water pumped out from the mining pits and/or used for the beneficiation plants." 9. On 20/11/2012, the petitioner filed additional Affidavit-in-Reply thereby making grievance that despite the contention of the respondents No.3 and 4 that they have taken action for stoppage of illegal extraction of ground water by water tanker owners, these illegal activities are still continuing with impunity. In reply to that, the respondents no.3 and 4 filed additional Affidavits-in-Reply dated 11/12/2012, thereby placing on record the subsequent events and further action taken by them. The respondents No.3 and 4 stated that they have been continuously taking action to stop illegal extraction of ground water. 10. The petitioner then submitted the following suggestions/recommendations : "1) Industrial Estate, no mention in Affidavit of Water Resources Department as to whether the registered wells in the Industrial Estates are fitted with measuring devices. All wells in the Industrial Estates to be fitted with meters/measuring devices. 2) Show cause notice issued to all owners of unregistered water tankers and bore wells/open wells for commercial use to be decided and action taken within a period of 3 months. 3) All bore wells/open wells to be used for commercial purposes should be metered. 4) Time-frame to be fixed by the Water Resources Department (WRD) for fixing of meters by the owners of bore wells/open wells and thereafter inspection to be conducted by the local ground water officers. 3) All bore wells/open wells to be used for commercial purposes should be metered. 4) Time-frame to be fixed by the Water Resources Department (WRD) for fixing of meters by the owners of bore wells/open wells and thereafter inspection to be conducted by the local ground water officers. 5) Ground water officers/Nodal officers to verify compliance and all those found in breach, wells to be capped immediately and owners of wells be penalized in accordance with the Ground water Regulation Act. 6) A time limit of 3 months be fixed for metering of all wells used for commercial purposes. 7) Directorate of Transport be directed to ensure that all water tankers are registered with the Ground Water Officer by carrying out surprise inspection through RTO Officers and any person found in violation to be penalized under the Ground Water Regulation Act. 8) In the over exploited areas particularly those surrounding the Industrial Estates, extraction of ground water during dry (peak summer season) i.e. for the months of April/May for commercial purpose be prohibited or regulated. 9) A ceiling limit be fixed for extraction of ground water per well/per day for commercial purposes taking into consideration the ground water table of the area and other features peculiar to the locality. This condition to be imposed before granting permission for sinking of new bore wells and open wells. 10) Violations of the condition of license to be strictly viewed and action should be taken immediately for cancellation of licenses and capping of the wells. 11) A ceiling limit be fixing for a number of bore wells/open wells for a particular village or locality taking into account the ground water position, water scarcity, etc. 12) Continuous monitoring of ground water level in water scarcity areas and over exploited areas by WRD in consultation with the Senior Hydro Geologist. 13) Permissions given for sinking of the bore wells/ open wells for construction of housing projects/ building projects should be purely temporary with a condition that the wells should be capped after completion of the construction as the wells are thereafter misused for providing water to the building Societies used for swimming pools, etc. 14) Compliance should be verified by the local authority before granting occupancy certificate to the projects. 14) Compliance should be verified by the local authority before granting occupancy certificate to the projects. PUMPING / EXTRACTION OF GROUND WATER BY MINING COMPANIES: 1) An outer limit is to be imposed on the quantum of ground water that can be pumped out from the mining pits as well the depth to which the mining companies are permitted to excavate to win the ore. 2) The pumps drawing/pumping out water from the mining pits are to be fitted with measuring devices to record the amount of ground water pumped out and this should be strictly regulated and violations strictly dealt with. 3) Regular inspections should be conducted by the ground water officers of the mines in the mining areas to verify compliance with the rules and regulations. The period of inspections should also be determined and laid down. 4) Violations should be strictly dealt with by imposing heavy fines and in gross cases cancellation of leases/permits. 5) Pumping of ground water by mining companies should be charged as per the rules and @ Rs.20/-per cubic meter and not Rs.5/- per cubic meter as stated in the affidavit. 6) Recovery of arrears/dues from all the mining companies for extraction of ground water taking into account amount of discharge of ground water reported by those plants taking into account the pumping capacity of the pumps installed at their plants. 7) Strict compliance by the Nodal Officers within the provisions of Section 24(2) of the Goa Ground Water Regulation Act, they being the officers designated under the Act." 11. The respondent No.4 then filed an additional Affidavit-in-Reply dated 21/01/2013, on behalf of respondents No.1 to 4, wherein he indicated the steps taken by the State Government on the above suggestions/recommendations made by the petitioner. A copy of the letter dated 04/12/2012 addressed by the Director (Mines & Geology) to the petitioner has been annexed in which it is stated that the suggestions made by the petitioner shall be considered before the finalizing the policy. 12. The petitioner then filed Affidavit-in-Rejoinder dated 18/02/2013 wherein he again pointed out some of the lapses and submitted that the measures/ suggestions made by the petitioner be directed to be implemented. 13. 12. The petitioner then filed Affidavit-in-Rejoinder dated 18/02/2013 wherein he again pointed out some of the lapses and submitted that the measures/ suggestions made by the petitioner be directed to be implemented. 13. During the Course of arguments, learned Advocate General, on behalf of the respondents, submitted that in view of the affidavits filed by respondents No.3 and 4 and the compilations showing the details of action taken in terms of the Goa Ground Water Regulation Act, 2002 and the Rules framed thereunder both in North Goa and South Goa along with statistics it is clear that the most of the grievances of the petitioner have been substantially taken care of. We find force in the submissions made by the learned Advocate General. 14. Learned Advocate General, appearing on behalf of the respondents, further submitted that all the suggestions/recommendations made by the petitioner would be substantially considered while finalizing the policy for commercial use and domestic use for regulation of the use of ground water and also while finalizing the Draft Goa Mining Policy (Major Minerals) 2012. The statement made by the learned Advocate General is accepted. The learned Counsel appearing on behalf of the petitioner, however, submitted that a time-frame be fixed for the completion of said exercise, for which learned Advocate General has no objection. Parties submit that the petition be disposed of accordingly. 15. In view of the above, we direct that the exercise of finalizing the policies as above shall be completed expeditiously and in any case, within a period of six months from today. Liberty to the petitioner to take out appropriate proceedings, if necessary, in future. 16. Rule is made absolute in the above terms, with no order as to costs. 17. Petition stands disposed of accordingly.