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Water Act
Dr. Sairam Bhat
Associate Professor of Law
National Law School of India University.
The Problem
1. Water management/War for control of water
resources
2. Successive drought and growing scarcity are
creation of more government intervention
3. Water quality management in river and
stream, Ganga action plan, Yamuna river
pollution and other related cases
The Problem
4. Over exploitation: Punjab utilizes 98.34% of
its ground water, where as Haryana utilizes
75.61% and Orissa 15.22 %
5. Contamination: Surface and ground by
waste mismanagement; land contamination.
Increase of salinity etc.
6. The National Water Policy 2002 speak large
in sense of command and control of the
government in water.
Water:
what is its Characteristics
Is it a good
[common and public]
Is it a service
[ambient resource]
Is it an investment
[interlinked with management of other
resources]
CPCB/SPCB
Power to obtain information: sec. 20
Failure to give information, fine Rs 10,000 or 3 month imprisonment
Ground Water
Law, policy and Management
Jagannath v Union of India AIR 1995 SC
F. K Husain v Union of India AIR 1990, Ker. 321 at 323
The Problem
Low water rates are also a reason for
non compliances.
Inter State water disputes.
Exploited as an Easementary right
Interlinking of rivers
Solution ?
Pollution means:
Contamination of water
Alteration of the physical, chemical or
biological properties of water
Discharge of any sewage or trade effluent
or any other liquid, gaseous or solid
substance into water [whether directly or
indirectly]
3 judgments
1. In this case the court came down heavily on
the Nagar Mahapalikas. The court emphasized
that it is the Municipality of Kanpur that has to
near the major responsibility for the pollution of
the river near Kanpur city.
2. Kanpur tanneries case
3. Kolkatta tanneries case: 500 industries along
with banks of river ganga were covered by the
judgment
The Supreme Court held that the notion that the public has right to expect certain land and
natural areas to retain their natural characteristics is finding its way into the law of the land.
The doctrine of public trust, rests on the principle that certain resources like air, seas,
waters and the forests have such a great importance to the people as a whole that it would
be wholly justified to make them a subject of private ownership. The doctrine enjoins upon
the government to protect the resources for the enjoyment of the general public rather
than to permit their use for private ownership or commercial purpose. The protection of
ecological values is amongst the purposes of public trusts. The state is the trustee of all
natural resources which are by nature meant for public use and enjoyment. It is under a
legal duty to protect and natural resources. The aesthetic use and the pristine glory of the
natural resources, the environment and the eco system of our country cannot be permitted
to be eroded for private, commercial or any other use unless the courts find it necessary,
in good faith, for the public good and in public interest to encroach upon the said
resources. Areas which are ecologically fragile and full of scenic beauty should not be
permitted to be converted into private ownership for commercial gains. The illegal
construction and callous interference with the natural flow of river Beas has degraded the
environment. It is now settled law that one who pollute the environment must pay to
reverse the damage caused by his acts. The polluter pays principle was upheld in the
present case. The court directed the Himachal Pradesh PCB to inspect the motel
premises, its treatment facilities and to re-direct the course of the river.
The Court held that even a major foreign exchange earner like leather industry
cannot have the right to destroy ecology, degrade the environment and pose a
health hazard. It cannot be permitted to expand or even to continue unless it
tackles the problem of pollution created by the said industry. The polluter
pays principle and precautionary principles are the law of the land. The
polluting industries were made absolutely liable to compensate for the harm
caused by them to villagers in the affected area, to the soil and to the
underground water and hence they were directed to take all necessary
measures to remove sludge and other pollutants lying in the affected area. An
authority was constituted by the Apex Court to investigate take mitigating
steps in reducing the ecological damage caused by the tanneries in this area..
The Authority shall direct the closure of the industry owner/ managed by
polluter in case he evades or refuse to pay compensation. This shall be in
addition to the recovery from him as arrears of land revenue. A Pollution fine
of Rs. 10,000 was imposed on each tanneries. The PCB to establish a
Common Effluent Treatment facility and to close down any tanneries which
fails to obtain the consent of the PCB under the Water Act.
CPCB
The mandate of the Central Pollution
Control Board (CPCB) is to set
environmental standards for all plants in
India, lay down ambient standards, and
coordinate the activities of the State
Pollution Control Boards (SPCBs)
SPCB
Power to impose restriction on new outlets and new discharge [sec. 25]
Narula Dyeing and Printing works v UOI 1995
Consent from PCB does not mean right to pollute
Ground water
A model bill for regulating ground water use was circulated as early
as 1971 and an updated version was again distributed in 1992. Draft
bills have been presented in legislatures of several states including
Tamil Nadu and Karnataka but have never been enacted. So far
only Gujarat and Andhra Pradesh have actually addressed this
alarming depletion of natural resource
ground water is recognized as a chattel attached to the land
property Sec. 7 of the Indian Easement Act says, The Right of every
owner of land to collect and dispose within his own limits of all water
under the land which does not pass in a defined channel
At Coca-Cola's bottling unit in Nemam village of Tamilnadu, more
than 2.5 million liters of water are extracted. Of this, 1.2 million liters
is used for washing bottles, crates, equipment and the floors. Only
692,000--less than 30 percent--is used for actually manufacturing
the soft drinks
The State of M.P. had provided tube-wells for the supply of drinking
water to certain villages. Before digging the tube-wells, certain tests
had to be performed to determine the potability of the water. There
was no test for fluoride content among the tests prescribed. Due to
the high fluoride content of the water, a number of people had
contracted skeletal and dental fluorosis. This matter was brought to
the notice of the Court through this PIL. The relief in the judgment is
mainly based on the duties imposed on the state under various
articles of our constitution. The Court held that, under Art. 47 of the
Constitution of India, it is the responsibility of the State to raise the
level of nutrition and the standard of living of its people and he
improvement of public health. It is incumbent on State to improve
the health of public providing unpolluted drinking water.
Possible Solution
1. The concept of Pani Panchayat would be best
possible remedy.
2. Should water be treated as a good; Is these good
free?; Privatization of water in terms of operation and
maintenance and desalination is being undertaken in
Chennai under PPP model.
If I sink a borewell in my property, is it pvt of water ?
3. The ideology under the NAFTA treats
water first a service, then a natural resource, never a
right
Solutions
5. Building big dams across rivers, ; has it served the
purpose of providing basic drinking water to the masses?
6. Integration of administration managing water;
7. Can rain water harvesting be a possible solution?
Govt of AP GO 9th June 200: Asked town and country
planning authority, every building construction of plots
having extent of 300 sq mts shall provide for rain water
harvesting
Provision was made for terrace water collection: percolation into
pits and trenches
Duty to Cooperate
Conjunctive Management
Integrated Management
Equitable Utilization
Sustainable Use
Minimization of Environmental harm