Rajeev Khanna
The recent order of the Himachal Pradesh High Court on judicious use of ground water is a clear warning to the government officials and politicians to desist from pandering to the influential people at the cost of the society at large. The order, which is being termed by activists as a victory of the common man, is set to have far reaching ramifications. The officialdom and the politicians need to understand that nature has given enough for human need but not for greed.
The case pertained to a writ filed by the residents of Sanawar village near Kasauli against gross violation of Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005. An individual who obtained a permit to drill a bore well to tap ground water failed to honor the commitment of supplying drinking water to the villagers as per the terms and conditions.
The High Court looked at the issue in the larger context and said, “We are thus of the view that unless the Himachal Pradesh Ground Water Authority, in consultation with and approval of the state government, formulates a comprehensive policy for the entire state to save, regulate, recycle and harvest the ground water level, it should be reluctant and refrain itself from issuing permits merely for the reason that the Statute has conferred such power on it.”
It also underlined that the time has come to take strict regulatory and reformatory measures to save the ground water even in such areas in the entire state, which are not declared as ‘notified areas’.
The enormity of the problem can be grasped from the fact that more than 125 permits have been issued in Solan district alone and lakhs of litres of water has been permitted to be extracted everyday through these permits.
The bench comprising Chief Justice Surya Kant and Justice Ajay Mohan Goel observed, “Water is an invaluable gift by nature to all beings including the mankind. Owing to its scarcity, it has to be saved for the posterity as well. Therefore, water should be allowed to be used only by the permit holders or to the society at large through its equitable, proportionate and optimum distribution etc.These are several burning issues which will have to be addressed by the state authorities.”
It further said, “Ground water is a precious asset. It cannot be allowed to be misused or used with luxury. There is an onerous duty on Himachal Pradesh Ground Water Authority to ensure that every permission is conditional with an obligation like rain harvesting to ensure that the ground water level is not depleted. Extraction of water has to be permitted only when the authorities through scientific process are satisfied about availability of water at the identified spots.”
The most important aspect underlined by the Court is that the distribution of the extracted water is a major administrative issue. “It involves the rights of village community, gram panchayats, municipalities, private users and several other stakeholders,” it said.
The Court has directed the state government and the Himachal Pradesh Ground Water Authority to examine each and every aspect illustrated above and re-visit the existing rules and regulations and take an appropriate policy decision, preferably within a period of eight weeks before granting further permits under the Act.
Just like the rampant illegal constructions that have been allowed by the officials and politicians while playing into the hands of the private builders, the precious use of water is also being squandered away. There are several questions that the bureaucracy and the government need to answer.
The activists point out that why is it that hotel and resorts are being allowed to draw ground water with impunity while the community at large continues to thirst for drinking water. One just needs to glance at the local dailies and one gets to read about protests and demonstrations by the public, including women demanding regular supply of water. Secondly, the government needs to answer why the resort owners have easily been given permits to draw ground water while the pace of projects for providing drinking water to the villages is abysmally slow.
The government and the officials further need to answer why everyone getting permission for construction is not being asked to make provisions for rain water harvesting. They also need to explain why permissions are given to Godmen to hold religious congregations where lakhs turn up from the adjoining states during the peak summer time when there is scarcity of drinking water. Can’t they ask these Godmen to postpone their events?
The sad part is that the politicians do not have the spine to take up these issues and the common man finds no voice. Even in the case of this landmark judgment it is the Court that has once again stood up for the common man. Rajeev Kaundal, a social activist from Sanawar said, “The common man has faith only in the judiciary and not the government. This matter pertains to one hotelier but the permits obtained by the others also need to be probed.”
The activists point out that a big cartel operates is operating in the hills where many Panchayat members connive to give a ‘no objection certificate’ in lieu of heavy amount of money. The local politicians are quite often ‘invisible’ partners in hotel projects and the officials at the lower level keep getting their cuts while the community at large continues to suffer. If there is a thorough investigation carried out in Kasauli region alone the mask of several big fish in state politics would definitely come off. But does the government really care?
