ABUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. I. Borbhuiya, learned counsel for the petitioners. Also heard Ms. M.D. Borah, learned Standing counsel, Transport Department, Assam; Ms. R. B. Bora, learned Government Advocate, Assam, and Mr. K. P. Pathak, learned counsel appearing on behalf of Mr. P. N. Goswami, learned Additional Advocate General, Assam, appearing for the respondents.

(2.) By way of this Public Interest Litigation, the petitioners herein, as public spirited citizens of Kamrup (Metro), Guwahati, have raised a very important and essential aspect with a prayer to stop illegal sale of ground water by private tankers and have, inter alia, prayed for the following reliefs:

(3.) Various contentions have been raised and it is alleged that there has been rampant misuse of ground water for personal gain, which would hamper vital renewable and widely distributed resources. On notice being issued, the respondent nos. 4 and 11, who are the concerned respondents, filed their affidavit-in-opposition dtd. 15/3/2021 wherein inter alia it is contended that in order to regulate, control, management and development of ground water in the State of Assam, the Assam Ground Water Control and Regulation Act, 2012 (hereinafter referred to as "2012 Act") came to be enacted. It is further stated that the said Act received assent of the Hon'ble Governor on 14/5/2012 and the same was published in the Assam Gazette No. 226, Dispur dtd. 19/5/2012. It is further averred that under the said Act the Assam Ground Water Authority has been constituted with the Secretary to the Government of Assam, Irrigation Department, as its Chairman; the Director of Geology and Mining as the Member Secretary and Members from various line departments. It is also contended by the respondents that as per the provisions of the 2012 Act the Assam State Ground Water Authority held its first meeting on 17/8/2013 with all stakeholders followed up by another meeting held on 5/7/2014, more particularly, for formulation and finalization of rules under the 2012 Act. It is also contended by the respondents that in view of the 2012 Act, Central Ground Water Board, Northeast Region, was directed not to process any application for issuance of No Objection Certificate (NOC) for withdrawal of ground water by industrial/infrastructural/mining projects etc. However, as the rules were not formulated, the implementation was not possible. The affidavit-in-opposition further recites about the meeting of the Assam State Ground Water Authority, which took place on 2/6/2016 and 5/6/2018 as well as the various steps taken by the authorities in the month of January, 2021. The affidavit also indicates about the meeting of the Assam State Ground Water Authority held on 3/3/2021, which was after filing of this writ petition. The respondents have also narrated about the various steps which are taken by the Guwahati Municipal Corporation and it has been averred that the Guwahati Municipal Corporation, the Assam Urban Water Supply and Sewerage Board as well as PHE department are not issuing any more NOC for extraction of ground water commercial purpose. The Central Ground Water Board, however, issues permission for extraction of ground water only for infrastructural and industrial purposes. It is further averred that in the meeting held on 10/3/2021 the following resolutions were passed: