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Suo moto contempt was taken against the state authorities by the Madras High Court for not implementing its order of taking action against those who illegally extract ground water and further the sale of it at a very high price.
This case first to the notice of the Court when News 18 Tamil Nadu, telecasted a report in which individuals were seen to be stealing ground water and then further transported through Water Tanker Lorries. It was said that this extraction of water, was affecting the livelihood of the people, most of whom were the middle class.
The Court stated that its judgement was not implemented in letter or in spirit. Further, the Government Pleader had told the Court that, action had been taken and a committee was being set up regulate the extraction of groundwater across the State. However, in spite of the passing of many months, extraction still continued.
Keeping in mind the importance of water in one’s life, it becomes a mandatory duty on behalf of the State, to ensure the steady supply of water and not at high prices. In furtherance of this, the Court gave certain directions to the respondents, i.e the State. Firstly, the respondents have been asked not to grant licenses or No-Objection Certificate to people and other commercial establishments for the extraction of ground water. Secondly. The respondents are to inspect the quality and other established standards of flow meters fixed by the people applying for the license.The Flow Meter must be sealed in such a way to prevent any tampering by any person. The PWD is to assess and fix a quantum of water extracted by a person. Along with this, the quantum of water should also be determined.
In addition to this, a police complaint is to be made, 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. Lastly, the respondents are to suspend the license by issuing of show cause notices.If any person is convicted, then he shall be permanently debarred from getting licence for Extraction of Ground Water.
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