Extraction of groundwater illegally amounts to theft: HC

Observing that water and other natural resources are national assets and state the custodian, the Madras High Court Wednesday made it clear that those extracting groundwater illegally are punishable under the Indian Penal Code sections that attract theft.

Justice S M Subramaniam disposed of a batch of about 75 petitions from people involved in the business of running packaged drinking water units.

"Water, being a national asset, if it is extracted without any authority of law, then it amounts to theft and certainly persons committing such offence of theft under the Indian Penal Code, is liable to be prosecuted," the judge said.

The petitioners sought quashing of a government order issued by the public works department about effective management of groundwater and issue of no objection certificate and license for extraction of groundwater in Tamil Nadu.

While confirming the PWD order, the judge said, "The state government safeguards the natural groundwater resources for the people's livelihood but the packaged drinking water companies are exploiting the groundwater for commercial gain.

The petitioners only want to quash the government orders to exploit water for their own business purposes.

The petitioners only interest is commercial exploitation of ground water, whereas the government order was passed taking into consideration the future and welfare of the state and its people.

Observing that the extraction of groundwater illegally amounts to theft, the judge in his order said, "It is crystal clear that so long as the water stays with the earth undisturbed, the IPC and penal provisions may not apply."
"Quantum of water to be extracted by individuals are to be fixed periodically as per the assessment to be made by the PWD authorities as per the regulations."