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Judgment
This matter has been taken up on letter petition received from Village (Dweep) Panchayat Kavaratti Union Territory of Lakshdweep wherein problem of water supply to all the island inhabitants has been raised. The petitioner has stated that there are no surface waterbodies such as streams and rivers in Lakshdweep and a limited quantity of ground water is available for utilization of local people. Besides the water requirement for drinking and domestic uses is said to be on the rise due to increase in population.
It has further been stated that the average rainfall in Lakshdweep is 1640 mm. and only small portion goes to recharge ground water and the major portion is lost as surface run-off and evaporation losses. Based on the stage of development - Kavaratti, Agathi, Amini, Androth and Kilthan islands have been categorized as "semi critical" and remaining islands have been categorized as "safe".
The Petitioner have contended that there is excessive pumping of ground water and they have, therefore, prayed that pumping of ground water should be regulated and more attention should be paid towards researching ground water pumping methods because present ground water pumping method is not scientific in many places at Kavaratti island.
On registration of the petition as O.A. The District Magistrate/District Collector Lakshdweep and CGWA were directed to submit a report on above issues.
On 14TH November, 2018 Mr. Sameer Sodhi, Advocate was appointed Amicus Curiae and he was directed to file the status report on behalf of District Collector, Lakshadweep. On request received from Amicus Curiae on 7th January, 2019 the Public Works Department and Pollution Control Committee of Lakshadweep were impleaded as party Respondent 3 & 4.
An affidavit was filed by the Resident Commissioner of the Union Territory, Lakshadweep on 25.01.2019 wherein it has been stated that UT of Lakshadweep consists of 10 inhabited islands, 17 uninhabited islands and 3 reefs and 6 submerged sand banks. The total area of Union Territory is 32 Sq. km. with the population of 64,473 persons as per 2011 census. It has been stated that Lakshadweep islands have a delicate eco-system with very limited fresh water resources. Though the islands receive high rainfall the lack of surface storage and the limited ground water storage capacity makes fresh water a precious commodity. There are no streams or major surface waterbodies in the islands and open dug wells are the traditional methods used by the islanders to obtain fresh water for their basic needs. As the depth from the surface to the ground water table is generally just few meters almost all household are having a dug well which is mainly used for domestic purposes.
It has further been stated that the UT Administration has taken steps to mitigate the ground water extraction by constructing Rainwater Harvesting Tanks (RHT) and installing Low Temperature Thermal Desalination Plants (Sea Water based). 4457 Nos of Rainwater Harvesting Tanks (RHT) have been constructed, 3 Nos of Low Temperature Thermal Desalination Plants of 1 lakh ltr. per day capacity are installed in 3 islands namely Kavaratti, Minicoy and Agathi. The per capita supply of desalinated water through street tap at Karavatti, Minicoy and Agathi is 9 LPCD, 9.6 LPCD, 13 LPCD respectively and work for installation of 6 Nos of similar plants of capacity 1.5 Lakhs ltr. per day each at remaining islands (Andrott Kalpeni, Amini, Kadmat Chetlet and Kiltan) is in progress. Sea Water based Reverse Osmosis (RO) Plant of 25,000 ltr. Capacity is installed at Bitra island.
It has also been stated that Low Temperature Thermal Desalination Technology is the most suitable technology for island condition and is also recommended by the techno economic expert committee constituted by the Ministry of Drinking Water. The water from the desalination point is of standard quality. And that there is no major/minor industry which depends on ground water extraction in the UT of Lakshdweep.
Counter Affidavit was filed on behalf of CGWB on 01.02.2019, wherein it has been stated that Rainwater Harvesting provides viable alternative to meet the drinking water needs of the islands. It has also been stated that as per the last Dynamic Ground Water Resources Assessment of CGWB of year 2013, the sub-divisions of Agatti, Amini and Karavatti have been categorized as semi-critical areas and all other Sub-divisions are categorized as safe zones (Islands). The estimated annual ground water recharge in the UT of Lakshadweep is 0.01055 bcm or 1054.5 ham (Net annual ground water availability assessed is 350.08 ham) and the total estimated annual ground water draft (extraction) is 0.00237 bcm or 237.2 ham. It has been stated in the affidavit that the following action plan needs to be followed by the UT Administration to address the issue raised:-
As the full requirement of fresh water in the islands cannot be met with from the limited fresh ground water resources, water supply schemes in all islands must resort to a combination of ground water, desalinated water and rainwater harvesting. Desalination plants of suitable capacities may be installed in the remaining islands to supplement ground water resources.
The indiscriminate extraction of ground water through energised well needs to be monitored by the District Magistrate for protecting the limited fresh water resources from salinization due to up-coning of saline water.
The pumping of water from dug wells directly to multi storied buildings may stopped. The water may be pumped from dug wells with low capacity pump and collected in ground level storage tanks and from this water may be pumped to multi storied buildings to reduce the up coning of saline water.
The roof top rainwater harvesting can provide reliable freshwater for the islands during a part of the year. Individual and community-based rainwater harvesting systems can reduce the dependence on ground water to a considerable extent. Efforts to popularize rainwater harvesting needs to be accelerated, through incentives wherever necessary, to reduce the increasing stress on the limited fresh ground water resources. As the shallow, thin floating lens of ground water is easily prone to contamination, efforts for proper sewage disposal are to be given top priority. The U.T. Administration has taken steps to ensure installation of scientific septic tank in all newly constructed houses and other buildings. However, the existing soak pit/leach pit toilets need special attention.
Measures for improving water use efficiency through use of water efficient fixtures in homes/buildings could be encouraged.
Hand drawn wells could be encouraged over energized wells.
Pumps above 0.25 hp could be discouraged.
Pumping for water supply could be from radial wells.
Low rate of continuous pumping recommended.
Roof top Rain water harvesting is mandatory and people of saline zone could be given preference. With the advent of LTTD (Low Temperature Thermal Desalinisation) Plants and free water supply near the street, the maintenance of roof top rain water harvesting set up needs attention of the public. Abandoned wells and ponds if any are to be rejuvenated and protected and wells may not be converted into garbage disposal pits. Water supply through desalination plants are not to be taken as an alternate source but it could be taken as supplementary source. The Lakshadweep Building Development Board (LBDB) was constituted for supervising and regulating building permits in the island and locating the sites for buildings. Multi storied buildings and infrastructure projects may not be located at fresh ground water pockets etc.
The Learned Amicus Curiae has, based on available information, made the following recommendations/suggestions:-
I Construction/ Commissioning of Low Temperature Thermal Desalination Plants:
Thus Respondent No. 1 and 3 may be directed to proceed and complete the establishment of Low Temperature Thermal Desalination Plants in Amini, Andrott, Chetlat, Bitra, Kadmat, Kalpeni & Kiltan, in a time bound manner preferably within the next 6 months.
II Establishment of Sewage Treatment Plants:
Respondent No. 3 and 4 may be directed to comply the directions of the Central Pollution Control Board and establish Sewage Treatment Plants having a capacity of at least 15 MLD (taking into account future growing population) within a period of six months.
III Regulating use of Electric Water Extraction Pumps:
Respondent No. 1 and 3 may be directed to create a mechanism within two months, such as online meters, in order to monitor pumping of water using electric pumps, within a period of two months.
Low rate of continuous pumping may be recommended, rather than the sporadic use of pumps of 0.5 hp.
IV Establishment of Lakshadweep Ground Water Authority
Constitute the Lakshadweep Ground Water Authority under the Lakshadweep Ground Water Regulation (Development & Control) Regulations, 2001 to ensure implementation of the regulations thereunder.
V Installation and continuous monitoring of Rain Water Harvesting Systems:
The Lakshadweep Building Development Board may be directed to strictly enforce and regulate building bye laws circulated by Ministry of Urban Development while according permissions, and thus ensure adoption of Roof top Rain Water Harvesting as a prerequisite for construction permissions.
For now all government establishments and educational institutions should be issued directions to install Roof top Rain Water Harvesting systems within the next 4 (four) months.
VI Constitution of Monitoring Committee for effective implementation of Orders:
This Hon'ble Tribunal may constitute an Expert Committee to formulate appropriate policy for conservation of ground water with a robust institutional mechanism for surveillance and monitoring the compliance of the orders of this Tribunal. Senior Officers of Respondent Nos. 2 (Member Secretary of the Central Ground Water Authority), 3 (Superintending Engineer at Lakshadweep Public Works Department), 4 (Chairman Lakshadweep Pollution Control Committee), National Water Mission - Ministry of Water Resources (Mission Director), Senior Scientist from National Institute of Ocean Technology Chennai and from Centre for Earth Science Studies, Thiruvananthapuram should be part of this Expert Committee.
In view of the submissions made above, we direct UT of Lakshadweep Administration to implement the action Plan suggested by the CGWB stated herein above and the recommendations/suggestions made by the Amicus Curie in a time bound manner and same be completed within a period of three months. We also direct CPCB to pay Rs. 50,000/- to Amicus Curiae Mr. Sameer Sodhi for the services rendered by him within 15 days.
With the above direction, the Application disposed of; however, UT Administration will file the compliance report on 2nd September, 2019 to this Tribunal.