HC's no to sale of ground water

Wait for the notification of Tamil Nadu Ground water Act, court says

PTI | February 4, 2011



Madras high court on Friday directed the government not to allow any person to draw and sell ground water until the Tamil Nadu Ground water Act was notified.

A division of bench comprising justice Elipe Dharma Rao and justice D.Hariparanthaman gave the interim direction on a writ appeal filed by New Tirupur Area Development Corporation Limited against a single judge's order.

The bench said in order to protect ground water from those using it for commercial purpose resulting in agriculturists suffering for lack of water, "we consider it appropriate to give a direction to the government, not to allow any person to draw and sell ground water till the notification is issued."

The single judge had allowed the petitions by residents of Veerapandi and Andipalyam villages near Tiruppur seeking to forbear New Tirupur Area Development Corporation Limited from obstructing drawing of ground water from open wells and borewells belonging to them and transporting it through tanker lorries for domestic and drinking purposes.

The government pleader submitted that some amendments to the Act were under consideration of the government and it would take some more time.

Passing an interim order, the bench said though the Act was enacted in 2003, the government had not chosen to notify it "for reasons best known to them."Moreover,in spite of two orders, seeking report from the government for notifying the Tamil Nadu Ground Water(Developmnet and Management) Act 2003, the Government had not taken any steps."

The bench posted the matter after four weeks.

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