Deccan Chronicle       04.02.2011

HC bans sale of groundwater

Feb. 3: Multi crore rupee private water supply industries suffered a major setback with the Madras high court on Thursday directing the state government not to allow exploitation of groundwater for commercial purpose across the state.

Pointing out that the government has not taken any steps to notify the coming into force of the Tamil Nadu Groundwater (Development and Management Act, 2003, a division bench comprising Justice Elipe Dharma Rao and Justice D. Hariparanthaman directed the state government ‘not to allow any person to draw and sell the groundwater until the Act is notified’.

In its interim order, the bench said though the Act was of the year 2003, and seven years have lapsed, the government has not chosen to notify the coming into operation of the Act.

Moreover, in spite of two orders, one passed by the division bench of this court, seeking report from the government for not notifying the Act, the government has not taken any steps to notify the coming into force of the Act.

The bench said, “In order to protect the groundwater from those who are using it for commercial purpose for gaining profit from the agriculturists in the state, who in turn, are suffering for lack of water not only for agricultural purposes but also for drinking purposes and also in the interest of public, we consider it appropriate to give a direction to the government not to allow any person to draw and sell the groundwater till the notification is issued.”

The bench posted after four weeks, further hearing of the appeals filed by New Tirupur Area Development Corporation Limited (NTA-DCL), Chennai, challenging the orders of a single judge, refusing to implead it as a party to the petitions.