TN order banning water extraction challenged in HC

The legality of a recent government order banning water extraction by packaged drinking water units from 139 'over-exploited' blocks and 33 critical blocks in the state has been challenged in the Madras High Court.
Justice V Ramasubramanian, before whom the petition of Tamil Nadu Packaged Drinking Water Manufacturers Association, came up for admission on October 20, asked additional government pleader P Sanjay Gandhi to take notice on behalf of the government and furnish response within two weeks.
In its petition, the association said the Tamil Nadu Ground Water (Development and Management) Act, 2003, remained unmodified even after receiving the Governor's assent. In 2013, the state government promulgated an ordinance, only to repeal it later.

"Therefore, as on date, there is no source of authority or power for the Tamil Nadu government to regulate water within its territory," they said, adding that a central legislation alone is holding fort at present.
Under the circumstances, the state government issued an order on July 23, prohibiting water extraction in 139 over-exploited blocks and 33 critical blocks. As per a March 2012 order, Tamil Nadu has 386 blocks.
The water units said the GO had no statutory backing and lacked jurisdiction, as it could not go beyond the central legislation in force.
"The state has no jurisdiction to issue the GO without constituting a state-legal ground water authority," the writ petition said.