Kerala High Court Flags Crippling Lack Of Funds & Staff In State Ground Water Authority, Directs Chief Secretary To Fix Deficiencies

The Kerala High Court has recently (11 December) underscored that the State has a mandatory statutory obligation to ensure that the Kerala Ground Water Authority (KGWA) functions as an effective and independent regulator, and that failure to provide it with funds, staff and infrastructure defeats the very purpose of the Kerala Ground Water (Control and Regulation) Act, 2002A Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M made the observation while disposing of a PIL filed highlighting various issues regarding ground water in Kerala, such as contamination, unsustainable drawal, and the unregulated collection by tankers from unauthorised and unregulated collection by tankers from unauthorised and substandard water-vending points causing serious health hazards.The petitioners submitted that the High Court in Depletion of Ground Water Resources v State of Kerala and Others [ILR 2022 (1) Ker. 627] and Sali M N v State of Kerala [2023 LiveLaw (Ker) 2] has issued directions to ensure that the ground water is withdrawn with clearances and licenses from statutory authorities. It was contended that despite the directions, the issues regarding ground water persists. The Court examined the scheme of the 2002 Act and its Rules, noting that the SGWA is vested with extensive powers to regulate extraction, protect public drinking water sources, inspect wells, and take enforcement action. The Bench emphasised that provisions such as Sections 5 and 14 of the Act, dealing with staffing and creation of a dedicated fund are not discretionary policy choices but statutory obligation. “Failure to operationalise the Authority defeats the very purpose of the statute, especially since the problem of ground water over-exploitation was expressly recognised and sought to be addressed by the Legislature through the Act of 2002.” Court noted. The Court held that prolonged inaction including the absence of a separate budget head until April 2025 and lack of a permanent technical cadre more than two decades after the Act came into force amounted to a failure to implement legislative intent.The Bench observed that groundwater management is intrinsically connected with human life, public health and ecological stability. “The functions of the Kerala Ground Water Authority are intrinsically connected with human life, as ground water sustains ecosystems, supports agriculture, and secures drinking water. Under-performance of the Authority will frustrate the legislative intent behind the enactment, which seeks to prevent over-exploitation and contamination of ground water and to establish a dedicated regulatory Authority for its protection and management.” Court noted. The Court examined the counter affidavit submitted by the Secretary of the Kerala Ground Water Authority and observed that the Authority needs a permanent and adequately staffed technical cadre, including scientists, engineers, and supporting personnel.The Court observed that allowing the Authority to remain under-resourced,risks unchecked and illegal extraction, contaminates drinking water sources and undermines long-term water security consequences that the 2002 Act was specifically enacted to prevent. “Adequate financial support must be ensured for research, monitoring, and assessment. This will enable the formulation of scientifically based extraction limits and the adoption of sustainable practices.” Court added. Underlining the statutory obligation of the State under the Act of 2002 to ensure the proper functioning of the Ground Water Authority, the Court issued binding directions to the State, through the Chief Secretary, to cure four key deficiencies. These include the absence of a permanent technical cadre in the SGWA; shortage of scientists and technicians; inadequate financial allocation; and insufficient district-level offices.The Court directed the Chief Secretary to take necessary steps and issue directions to redress the deficiencies within three months. The matter is listed for reporting compliance on 12 March 2026.Case Title: Shanavas S N v State of KeralaCase No: WP(C) 40728/ 2024Citation: 2025 LiveLaw (Ker) 836Counsel for Petitioner: K K Ashkar, Ashira Mohamed AshrofCounsel for Respondent: P I Davis, T Naveen, Dinesh Mathew J Muricken, Nayana Varghese, P M Johny, K S Arun Kumar, Anil K Munamed, Vinod S Pillai, Jerry Peter, Justice JacobAmicus Curiae: Anjana KannathClick Here To Read/ Download Judgment

Kerala High Court Flags Crippling Lack Of Funds & Staff In State Ground Water Authority, Directs Chief Secretary To Fix Deficiencies

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Kerala High Court Flags Crippling Lack Of Funds & Staff In State Ground Water Authority, Directs Chief Secretary To Fix Deficiencies

Anamika MJ

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