Madras HC: Collectors directed to file report on water pilferage

When a PIL about alleged illegal water tapping in Tiruvallur came up, a division bench comprising Justice S Manikumar and Justice Subramonium Prasad was perplexed to find that no criminal action had been initiated despite claims by the district administration that 11 motors used for pumping water have been seized.

Additional Advocate General P H Arvindh Pandian said the District Revenue Officer was seized of the matter and assured that action would be taken, but the bench sought to know as to why the tahsildar who had seized the pumps failed to lodge a criminal complaint against the offenders.

Rapping the authorities for lack of action despite rules available for the same, the bench said: “District collectors of Chennai, Kancheepuram and Tiruvallur districts covered under the Chennai Metropolitan Area Ground Water Regulation Act, 1987, and other district collectors covered under GO 142 are directed to submit statements as to whether complaints have been preferred under Section 10 and under 12 A of the act and also furnish details as to how many criminal cases are pending on the file of competent courts in the above regard.”

If no complaints were preferred under section 10 of the Act, the collectors should explain why they failed to exercise their power and allowed the offenders to remain scot-free, the bench added.

The petitioner, J Rajesh Kumar of Chennai, had contended that certain persons in Vallur Village of Tiruvallur district have installed bore wells and were drawing groundwater for commercial purpose, without obtaining permission from the competent authorities.

Stating that the water sources in and around the Chennai city was inadequate to meet the drinking water requirement and other domestic purposes for the city residents, the petitioner said the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) has reported that all the possibilities of augmenting water supply to the city have been exhausted and it was necessary to regulate and control the extraction and use of groundwater.

Apart from seeking a direction to the authorities to consider his representation of stalling groundwater exploitation through high powered motors, the petitioner also sought a direction to the authorities to take appropriate action against the persons extracting and transporting groundwater illegally.