F K HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The conflict in these cases, is the conflict of yesterdays and a new day the conflict of the lifestyle of a lotuseyed leisurely day gone by and the exacting demands of today on material resources.

(2.) The coral isles of Lakshadweep, with their wind swept beaches of silver sands washed by the soft ripples of the lagoons, lie scattered like pearls in the sapphire sea, to the west of the Malabar coast. The palm fringed isles are endowed with scenic loveliness; but are not endowed with enough material resources. According to petitioners, ground water resources in these islands are limited. Potable water is in short supply, and large scale withdrawals with electric or mechanical pumps can deplete the water sources, causing scopage or intrusion or saline water from the surrounding Arabian Sea. The administration has evolved a scheme to augment water supply, by digging wells and by drawing water from those existing wells to meet increasing needs. This, petitioners say, would upset the fresh water equilibrium leading to salinity in the available water resources. Pursuant to a scheme recommended by the Kerala Public Health Engineering Department, the administration is said to have taken this decision to extract ground water by using pumps. Action of the administration amounts to an invasion of the rights under Art.21, say petitioners and they seek to restrain the administration from implementing the scheme, by the issuance of appropriate writs or directions.

(3.) Referring to the data available, petitioners submit that only O.6 to 0.75 metres deep of ground water is available in the island. The potential for recharge is limited, and if available ground water is withdrawn, hydraulic head will be lowered and water lens, penetrated, by saline water causing diminution of potable water. Pristine form of hand withdrawal of water from wells alone will sustain the water resources, and the digging of radial wells would disturb the water equilibrium, according to them. They base their submissions on observations made by the Central Ground Water Board, the Indian Council of Agricultural Research, the Central Public Health Engineering and Environment Department and other expert bodies.