S.Rajeswari v. The Principal Secretary To Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23.11.2021 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.26612 of 2018 and W.M.P.Nos.30975 and 30977 of 2018 S.Rajeswari
...Petitioner
Vs.
1. The Principal Secretary to Government of Tamil Nadu, Public Works (R.2) Department, St.George Fort, Chennai - 600 009.
2. The Central Ground Water Board, Government of India, Ministry of Water Resources, South Eastern Central Region, Rep. By its Regional Director, E.1, 'G' Block, Rajaji Bhavan, Besant Nagar, Chennai.
3. The Chief Engineer, Public Works Department, Water Research Organization, State Ground & Surface Water Research, Data Cetre, Taramani, Chennai - 600 113.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for 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 to quash the said impugned G.O. Dated 23.07.2014 as it violates the fundamental rights of the petitioner.
For Petitioner : Mr.S.Kalyanaraman For Respondents : Mr.V.Nanmaran R1 & R3 Additional Government Pleader
ORDER
The petitioner has filed this Writ Petition, seeking to quash the order passed by the Government, vide G.O.(Ms.) No.142 of Public Works (R2) Department, dated 23.07.2014.
2. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents submits that the present Writ Petition is liable to be dismissed, in the light of the order, passed by this Court, in a batch of Writ Petitions filed in 28535 to 28539 of 2014, vide order, dated 03.10.2018. For better appreciation, the operative portion of the said is extracted hereinbelow:-
(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.
(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.
(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.
(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.
110.
With these observations and directions, all these writ petitions are disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."
3. Thus, in the light of the order passed by this Court, in Writ Petition Nos.28535 to 28539 of 2014, dated 03.10.2018, referred to supra, the present Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
sd To
1. The Principal Secretary to Government of Tamil Nadu, Public Works (R.2) Department, St.George Fort, Chennai - 600 009.
2. The Central Ground Water Board, Government of India, Ministry of Water Resources, South Eastern Central Region, Rep. By its Regional Director, E.1, 'G' Block, Rajaji Bhavan, Besant Nagar, Chennai.
3. The Chief Engineer, Public Works Department, Water Research Organization, State Ground & Surface Water Research, Data Cetre, Taramani, Chennai - 600 113.
+1cc to M/s.S.Kalyanaraman, Advocate, S.R.No.60489 +1cc to the Government Pleader, S.R.No.61088 W.P.No.26612 of 2018 PL(CO) SB(14/12/2021)