JAMIA MILLIA ISLAMIA

Faculty of law

Project

REVIEW OF LEGAL AND JUDICIAL RESPONSES TOWARDS THE

PRESERVATION AND PROTECTION OF WATER RESOURCES IN INDIA

Environmental Law

Submitted to: Dr. Ghulam Yazdani Sir

Submitted by: Reda Tayyaba

Roll No. 42

BA.LLB (Self-finance) 6th Semester

Batch: 2017 - 2022

1
 ACKNOWLEDGEMENT

On the completion of my assignment topic “Review of legal and judicial responses towards
the preservation and protection of Water Resources in India”, I want to whole-heartedly
express my gratitude to Dr. Ghulam Yazdani sir, Associate Professor, Faculty of Law, Jamia
Millia Islamia (Central University), for providing me with the opportunity to work on an
important topic in the field of Environmental law. I would also like to extend my gratitude to
sir’s guidance which made it possible for me to work diligently. I would also like to thank all
those who have directly and indirectly guided me in writing this assignment.

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 INDEX

S.No. Contents Pg.No.

1 INTRODUCTION 5-6
2 THE CHALLENGES 7-8
3 WHO’S GUIDELINES FOR DRINKING WATER QUALITY, 2006 9
4 WATER RESOURCES IN INDIA AT A GLANCE 10
5 DRINKING WATER QUALITY IN INDIA 10
6 RIGHT TO WATER AND WATER RIGHTS 11
7 CASES RELATING TO SUPPLY OF SAFE DRINKING WATER AS 12
FUNDAMENTAL RIGHT
8 WATER POLLUTION AND LAW 13
9 THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 13-16
1974
10 POWERS AND FUNCTIONS OF CENTRAL POLLUTION CONTROL 16
BOARD
11 POWERS AND FUNCTIONS OF STATE BOARD 16-17
12 MECHANISM FOR CONTROL OF WATER POLLUTION 17-18
13 PENALTIES AND PROCEDURE 19-20
14 THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS 20
ACT, 1977
15 CONSERVATION OF WATER BODIES 21-22
16 CONCLUSION 23
17 REFERENCES 24-25

3
 ABSTRACT

Water is important and essential to life. Everybody knows this. But one obvious question in front
of each of us is do we really know about water. One common theory about drinkable water is
that all of it is more or less equal at molecular level having a simple composition, yet such a
simple molecule is complex by nature and it could hurt us in many ways that we don’t even
realize. The inadequacy in the supply and access to water has only recently taken centre stage in
global reflection as a serious and threatening phenomenon affecting a lot of lives.

Water is a major factor in each of the three pillars of sustainable development economic, social
and environmental. In this framework, it is understood that water must meet the needs of the
present population and those of future generations of all societies for a better world.

The legal framework concerning water has been complemented by a human rights dimension.
The core message is that all human beings are entitled to equal and non- discriminatory supply of
a sufficient amount of water, this has led to the demand for legal recognition of the right to water
and corresponding changes in water- related laws and policies and acts as well.

Constitution of India provides number of constitutional remedies for the preservation of

environment and its resources. To realize these constitutional mandates, a legally strong ideal
environment is required. For this purpose, the legislative sanctions are must. Therefore, India
bestows a number of regulative measures backed by environment protection for sustainable
development of the resources.

This assignment work examines the status of human right to water and water rights in India and
the concerning laws and acts for its preservation and protection. We will also be exploring the
judicial evolvement of water laws with relevant cases, it discusses some key points on how water
management and development is grounded under the Constitution of India.

4
 INTRODUCTION

in this project work we will be discussing about the very essential resource for all mankind,
Water, and its conservation and protection as well, also we will look into the role of judiciary for
this and legal review with reference to cases cited. The environment is a complicated dynamic
system, with many interacting components. Our knowledge of these components, of their
interactions between them, and the relationship between people, resources, environment and
development has undergone evolution over the last many years as we have witnessed. In modem
time society's interaction with nature has been so extensive that it has given rise to what we
know as the environmental question affecting all humanity and its resources.

Over the past couple of decades, the legal framework concerning water has been complemented
by a human rights dimension. The main message is that all human beings are entitled to equal
and non- discriminatory supply of a sufficient amount of water, this has led to the demand for
legal recognition of the right to water and corresponding changes in water- related laws and
policies.

Right to water is not expressly provided as fundamental right under the Indian Constitution.
However very first the Supreme Court recognized that right to live under Article 21 includes the
right of enjoyment of pollution-free water and air as well for full enjoyment of life. If anything
endangers the quality of life in derogation of laws, a citizen has right to have recourse to article
32 for removing the pollution of water or air which may be a threat to the quality of life1.

In addition courts have also outlined some of the general parameters that must guide the
realization of the right. The obligation to provide water has been recognized as a primary duty of
the Government whose violation amounts to violation of article 21 of the Constitution,
respectively. And every Government which has its priorities right, should give for most
important providing safe drinking water to each and every citizen2.

The drinking water crisis in many Indian cities is reaching at alarming levels. Urban population
is suffering from irregular water supply. A recent joint study conducted by United Nations
International Children Education Fund (UNICEF) and the World Wide Fund (WWF) for Nature

1
Subhash Kumar v. State of Bihar. AIR 1991 SC 420
2
Vishala Kochi Kudivella Samrakshana Samithi v. State of Kerala 2006 (1) KLT 919

5
revealed the alarming situation of fresh water depletion in the country which needed effective
attention.

Of all the planet's renewable resources, fresh water may be the most essentially unforgiving.
Difficult to purify, expensive to transport and impossible to substitute, water is essential to food
production, to economic development, and to sustain life itself.

6
THE CHALLENGES

India's water crisis is predominantly a man made problem in itself. India's climate is not
particularly dry, nor is it lacking in rivers and groundwater. Extremely poor management,
unclear laws, government corruption, and industrial and human waste have caused this water
supply crunch and rendered what water is available practically useless due to the huge quantity
of pollution of the country. These are some of the major problem of water crisis in our country.

In managing water resources, the Indian government must balance competing demands between
urban and rural, rich and poor, the economy and the environment firsthand. The per capita water
demand will increase for industries and cities almost on a daily basis. Power demands will be
three to four times what they are today, even if half the households remain without access to
electricity, pollution and increasing climate change will make the rainfall (the primary source of
water), droughts, and floods more and more destructive only, yet more and more frequent and at
unusual places and times.

Meanwhile, India's supply of water is rapidly deteriorating primarily due to mismanagement of

water resources, although over-pumping and pollution are also significant contributors too.

In 1998, a government minister warned that per capita availability of freshwater was declining
due to rapid population growth and industrialization. The minister told the Indian parliament that
the per capita availability of freshwater in 2025 is expected to be 1,500 cubic meters per year, as
compared to 2,200 cubic meters in 1997 and 5,300 cubic meters in 1955. By 2050 demand is
expected to double and consequently exceed the 1.4 trillion cubic meters of supply3.

But the response of the Indian government of more big dams, more hydropower projects, more
long distance water transfer, interlinking of rivers and desalinization on a grand scale is
completely invisible and off the mark.

The generation of electricity per MW installed capacity from large hydropower projects has
reduced by over 20 percent in the last twelve years because of aging machines, silting reservoirs,
and over development in some of the river basins. The clearest sign of how poorly India is
dealing with water resources development and management is the growth of its water-related
3
Somini Sengupta, "In Teeming India, Water Crisis Means Dry Pipes and Foul Sludge." New York Times,
September 29, 2006

7
conflicts. And what is the response of the government to this reality? There is no democracy in
water resources development and the solution lies in changing that situation in fundamental ways
possible.

The Government of India allocates subsidized water to the farmers for farming purposes, only a
fraction of which goes to the desired destination, rest gets prone to exploitation. TI India's 'India
Corruption Study 2005', which sampled 14,405 respondents from 151 cities and 360 villages,
found that water was one of the public services most clearly identified with corrupt practices4.

There are certain regions in our country where there is very meager quantity of available ground
water which is the major source of drinking water, as well as it is also an important source of
water for the agricultural. India possesses about 432 bcm of groundwater replenished yearly from
rain and river drainage, but only 395 bcm are utilizable. Of that 395 bcm, 82% goes to irrigation
and agricultural purposes, while only 18% is divided between domestic and industrial use, hich is
relatively a very less portion5.

In addition, fluoride and arsenic have become increasingly recognized as problem elements in a
number of groundwater sources, India's rivers also have high fluoride content, beyond the
permissible limit of 1.5 ppm, which affects 66 million people nationwide, who are believed to
suffer from problems with fluorosis (dental or skeletal) as a result of long-term exposure to high
fluoride drinking water. Over 21% of transmissible diseases in India are related to unsafe water
only6.

4
Centre for Media Studies, 'India Corruption Study 2005: To Improve Governance', TI India, New Delhi, July 28,
2005.
5
India: Water Supply and Sanitation, UNICEF Study 2002, P. 29
6
India's Water Crisis," Water Partners International, http://www.water.org/programs/india/crisis.htm

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WHO’S GUIDELINES FOR DRINKING WATER QUALITY, 2006

The quality of drinking-water is a powerful environmental determinant of health worldwide.

Drinking-water quality management has been a key pillar of primary prevention for over one-
and-a-half centuries and it continues to be the foundation for the prevention and control of
waterborne diseases. The most predominant waterborne disease, diarrhea, has an estimated
annual incidence of 4.6 billion episodes and causes 2.2 million deaths every year.

This may be linked to a lack of proper management of urban and industrial wastewater or
agricultural runoff water potentially giving rise to long term exposure to pollutants, which can
have a range of serious health implications as well in the long run.

As mentioned by the United Nations Development Program (UNDP), water is 'the stuff of life
and a basic human right' as well. Thus, water is an essential element for life - including human
life - on earth and as a result is a core concern in law. From a legal perspective, the UNDP
rightly emphasizes the importance of the human right dimension of water. Yet, in practice, water
law is made up of a number of elements comprising a human right dimension, as well as
economic, environmental or agricultural aspects.

In India, water law is made of different components and elements. It includes (112)
international treaties, federal and state acts. It also includes a number of less formal
arrangements, including water and water-related policies as well as customary rules and
regulations. This working paper maps out the relevant legal framework concerning water in
India. The first section outlines water law as it evolved with time. The second section then
examines proposed and ongoing water law reforms that are in the process of completely
redrawing India's water legal framework.

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WATER RESOURCES IN INDIA AT A GLANCE

The geographical area of India as we know is 3,287,590 sq km. The length of its Coastline is
about 7500 km and the climate of India varies from tropical monsoon in south to temperate in
north. Its terrain have upland plain (Deccan Plateau) in south, flat to rolling plain along the
Ganges, deserts in west and Himalayas in north. India is comparatively fairly endowed in respect of
water resources. The country is literally crises-crossed with rivers and blessed with high
precipitation with 75% of the annual rainfall. There are thirteen major river basins (area more
than 20,000 square kilometre) in the country, which occupy 82.4% of total drainage basins.
There are few desert rivers also, which flow for some distance and get lost in deserts ultimately.
There are complete arid areas where evaporation equals rainfall and hence no surface-flow
exists. The medium and minor river basins are mainly in coastal area. Yet, in spite of all of the
nature's bounty, paucity of water is an issue of national concern resulting in deterioration of
water quality in aquatic resources.

DRINKING WATER QUALITY IN INDIA

There is no doubt that water and sustainable development are linked to each other. If we look at
the present scenario, we are leading towards water crisis. About 85 % of rural population in India
is solely depended on ground water, which is depleting at a fast rate. In the urban areas though
about 60% of the population is depended on surface water sources, the availability and quality
are rather questionable. Population growth is expected to result in a decline in the per capita
availability of fresh water soon. Studies put the amount of available aggregate annual utilizable
water in India, surface and ground together, at about 1,100 BCM.

Some areas receive slight rainfall, whereas others experience monsoon conditions, which often
result in flooding, loss of life and increased poverty. Other problem areas are the fast-growing
urban centers and the situation concerning industrial supplies.

The total estimated demand of 1013 BCM by the year 2025 would be close to the current
available annual utilizable water resource of India. With predicted demands such as these, the
supply of rural drinking water and requirements for ecosystems conservation are sure to face an
uncertain future unless appropriate policy measures are taken accordingly.

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RIGHT TO WATER AND WATER RIGHTS

Legally, and conceptually, the human right to water to every person needs to be understood
differently from the bunch of water rights available to water consumers and users in the country
altogether. To the question as to whether there is a fundamental right to water for every person in
India the short and appropriate legal answer has to be yes. This is because such a right has been
judicially evolved by the Supreme Court and various High Courts of the country over the years.

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CASES RELATING TO SUPPLY OF SAFE DRINKING WATER AS FUNDAMENTAL
RIGHT

The right to 'pollution free water' and the right of access to 'safe drinking water' has been
included as a part of 'Right to Life' under Article 21 of the Constitution of India. This has been
possible because of a liberal and activist interpretation of the fundamental right to life by the
Supreme Court and the High Courts of the country in series of cases before them.

The court made clear that Water, and clean water, is very essential for life. Needless to observe
that it attracts the provisions of Article 21 of the Constitution as well. In a petition filed by an
advocate for suitable directions to ensure regular supply of water to the citizens of Allahabad, the
High Court outlined the fundamental right to drinking water. The court cited with approval the
Supreme Court's decision holding that the need for a decent and civilized life includes the right
to food, water, and a decent environment7.

In another case, the Supreme Court had observed, 'Drinking is the most beneficial use of water
and this need is so essential that it cannot be made subservient to any other use of water, like
irrigation so that right to use of water for domestic purpose would prevail over other needs8.

In 2006 a Public Interest Litigation (PIL) was decided by the Kerala High Court, by the people of
West Kochi who had been clamoring for supply of potable drinking water, for more than three
decades. The court held that failure of the State to provide safe drinking water to the citizens in
adequate quantities would amount to violation of the fundamental right to life enshrined in
Article 2 1 of the Constitution of India and would be a violation of human rights. Therefore,
every Government, which has its priorities right, should give foremost importance to providing
safe drinking water even at the cost of other development program9.

7
S.K. Garg Vs. State of U.P. 1999 ALL. L.J., 332.
8
Delhi Water Supply and Sewage Dispasal Undertaking Vs. State of Harayana (1996) 2 SCC 572: AIR 1996 SC
2992.
9
Vishala Kochi Kudivella Samrakshana, Samithi Vs. State of Kerala, 2006(1) KLY 919, para-3.

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WATER POLLUTION AND LAW

Water, our most important but neglected natural resource is essential to development, and
preserved for agriculture, human communities and for our survival itself. People kill each other
over diamonds and other assets, countries go to war over oil. But still world’s most expensive
commodities are worth nothing in absence of water. Fresh water is essential for life, with no
other substitute for it.

Industrial and household effluents, inadequate sewage treatment facilities, waste from agriculture
practices etc are responsible factors for water pollution, which not only affects ecology but also
sustainable development.

According to United Nation World Water Development Report, Water for People, Water for
Life, India ranks 120th among 122 selected nations in the world in terms of quality of water.

According to the World Health Organization (WHO) 4 billion cases of diarrhea each year in
addition to millions of other cases of illness are associated with lack of access of water that is
safe and clean for human consumption.

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT,

1974

The Water Act has been enacted, as the name suggests, for the purpose of prevention and
control of water pollution. "It came into being at a time when the country had already prepared
itself to be a part of industrialisation and urbanisation. The need was urgently felt for treatment
of domestic and industrial effluents, before they were discharged into rivers and streams. The
availability of clean drinking water was becoming a rare phenomenon due to unrestricted and
ever-growing pollution of streams, rivers and other water sources. It was, therefore, essential to
provide for the prevention and control of water pollution and the maintaining or preservation of
wholesomeness of water. In order to achieve this object the Act provided for the establishment of
Boards and outline the powers and functions of such Boards.

13
Water is a subject in the State list under the Constitution of lndia 10. Consequently, the Act has
been enacted by the Union Parliament by making use of Article 252 ( 1) of the Constitution.
Article 252(1) empowers the Union Parliament to legislate in a field reserved for the states,
where two or more state legislatures have shown their willingness for a central law. Such law is
applicable to the consenting states and to any other state which has adopted the law afterwards
by passing a resolution in its legislative assembly respectively.

In pursuance of clause (1) of Article 252 of the Constitution, resolutions were passed by the
Houses of Legislatures of twelve states to the effect that the matters relating to prevention and
control of water pollution should be regulated in those states by Parliament made law. Now, all
the states have approved implementation of the Water Act as enacted in 1974.

The Act consists of sixty four sections which are divided into eight ·chapters. Section 2 of the
Act provides definitions of certain terms used in the Act, clause (e) of this section defines water
pollution as “Pollution means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or trade effluent or of
any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may or
is likely to, create a nuisance or render such water harmful or injurious to public health or safety,
or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and
health of animals or plants or of aquatic organism”.

Many essential definitions have been included in the act such as definitions of effluents,
industrial effluents and streams etc.

I. Central Pollution Control Board:

The Water Act establishes the Central and State Boards for the prevention and control of
water pollution. Section 3 of the Act provides that the Central Government shall appoint
and constitute a Central Pollution Control Board to perform the functions assigned under
the Act. The Central Board shall consist of the following members nominated or
appointed by the Central Government –
1. a full-time Chairman, being a person having special knowledge or practical
experience in respect of matters relating to environmental protection

10
Entry 17.

14
 2. officials, not exceeding five, to represent the Central Government;
3. persons, not exceeding five from amongst the members of the State Boards;
4. non-officials, not exceeding three, to represent the interests of agriculture, fishery
or industry or trade, or any other interest
5. two persons to represent the companies or corporations owned, controlled or
managed by the Central Government;
6. a full-time member-secretary, possessing qualifications, knowledge and
experience of scientific, engineering or management aspects. of pollution control.

The Central Pollution Control Board is a body corporate having perpetual succession
with power to acquire, hold and dispose of property and to contract, and may sue or
be sued.

II. State Pollution Control Board:

Section 4 of the Water Act empowers the State Governments to appoint and constitute a
State Pollution Control Board in their respective States to perform the functions assigned
under the Act respectively. A state Board shall consist of the following members,
nominated or appointed by the State Government –
1. a chairman, either whole-time or part-time as the state government may think fit,
being a person having special knowledge or practical experience in respect of
matters relating to environmental protection
2. Officials, not exceeding five, to represent the state government;
3. persons, not exceeding five, from amongst the members of the local authorities
functioning within the state;
4. non-officials, not exceeding three, to represent the interests of agriculture, fishery
or industry or trade or any other interest, which, in the opinion of the state
government, ought to be represented;
5. two persons to represent the companies or corporations owned, controlled or
managed by the state government;
6. a full-time member-secretary, possessing qualifications, knowledge and
experience of scientific, engineering or management aspects of pollution control.

15
 Every State Pollution Control Board, like Central Pollution Control Board is a body
corporate having perpetual succession. It can acquire, hold and dispose of property,
enter into a contract and can also sue or be sued in its name respectively.

A member of a Board, other than a member-secretary, shall hold office for a period of
three years from the date of his nomination.

POWERS AND FUNCTIONS OF CENTRAL POLLUTION CONTROL

BOARD

The Central Pollution Control Board has been empowered under the Water Act to carry out
different functions to promote cleanliness of streams and wells and to prevent and control
pollution of water. The Central Pollution Control Board may advise the Central Government; co-
ordinate the activities of state boards; provide them technical assistance and guidance; carry out
and sponsor· research on water· pollution, organize training of personnel for control of water
pollution, collect, publish technical and statistical data, prepare manuals, codes or guides relating
to treatment and disposal of sewage and trade effluents and disseminate concerned information,
lay down water quality standards and execute nationwide plan for the prevention, control or
abatement of water pollution. It may also establish or recognize a laboratory or laboratories for
analysis of sample11.

The Central Board may perform any of the functions of the State Board in those cases where the
Central Government has issued direction to do so for them.

POWERS AND FUNCTIONS OF STATE BOARD

The functions of the State Boards are to plan a comprehensive program; to advice the State
Government; to collect and information and to encourage; conduct and participate in research
relating to prevention; control or abatement of water pollution; to collaborate with the Central
Board in organizing the training of persons and to organize mass education program; to inspect
sewage and trade effluents treatment plants; to lay down standards for water quality; to evolve

11
Section 16.

16
methods of treatment and disposal of sewage and trade effluents; formulate modes of utilization
of sewage and trade effluents for agriculture; to make, or revoke any order for the prevention,
control or abatement of discharge of waste into streams or wells12.

MECHANISM FOR CONTROL OF WATER POLLUTION

Chapter V of the Act, consisting of Sections 19 to Sections 33-A, provides for 'the prevention
and control of water pollution’. Section 19 empowers the State Government to restrict the
application of the Act to certain area(s) after consultation with or on recommendation of the
State Board.

The correct and relevant information has a very prominent role in prevention and control of
water pollution and therefore, the Act provides that the State Board or its officer may make
surveys, and keep records of flow or volume and other characteristics of any stream or well and
may measure or record the rainfall. The State Board may also give directions requiring any
person to give information as to the abstraction of water from a stream or well if it is substantial
in relation to the flow or volume of the stream or well.

The State Board or its officer can take sample for analysis from any stream or well or samples of
any sewage or trade effluent which is passing from any plant or vessel or from or over any place
into any stream or well.

Such sample however, is admissible· in evidence in any legal proceeding only if the procedure
provided in subsections (3), (4) and (5) of section 21 are complied with. The process requires-

(a) a prior notice to the occupier, indicating intention to take sample;

(b) in the presence of the occupier or his agent, division of the sample into two parts;

(c) each sample be placed in a container, marked, sealed and signed by both, the person taking
the sample and the occupier or his agent;

(d) one of the samples be sent forthwith to the laboratory established or recognized under section
16 or 17, as the case may be.

12
Section 17.

17
 (e) on the request of the occupier, the second part of the sample be sent to the laboratory
established or specified under sections 51 ( 1) or 52( 1) as the case may be.

Any person empowered by a State Board has a right to enter any place for the purpose of
performing any of the functions of the Board entrusted to him and for the purpose of examining
any plant, record, register, document or any other material object13.

No person is allowed to pollute or enter any poisonous or noxious matter into any stream, well,
sewer or land. A person, however, is not guilty of an offence if he has a right to construct,
improve or maintain any stream, well, building, bridge, weir, dam, dock, drain etc with the
consent of the Board14.

A major amendment in the Act was done in 1988 by virtue of which the Act now prohibits a
person to establish any industry, operation or process or any treatment and disposal system or
any extension or addition thereto, without the previous consent of the State Board, if it is likely
to discharge sewage or trade effluent. Similarly a person cannot, without the previous consent of
the State Board, bring into use any new or altered outlet for the discharge of sewage or begin to
make any new discharge of sewage15.

The Act provides for the provision of appeal for any person aggrieved by an order ofthe·State
Board. The aggrieved person may prefer an appeal within 30 days to the appellate authority
constituted by the State Government.

Where any industry, operation or process is being carried on and due to accident or other
unforeseen event any poisonous, noxious or polluting matter is being discharged· or is likely to
be discharged polluting the water in any stream or well, then the person in-charge of such place
is liable to immediately intimate the occurrence of such accident or event to the State Board16.

13
Section 23.
14
Section 24.
15
Section 25.
16
Section 31.

18
PENALTIES AND PROCEDURE

The Act prescribes different penalties for different kinds of act or non-compliance of provisions
under the Act, these are:

1. Imprisonment for a term which may extend to three months or fine upto Rs.l 0,000 or
both. In case the failure continues, an additional fine upto Rs. 5000 for every day during
which such failure continues for; Failure to comply with directions given under section
20(2) or (3) by the State Board.
2. Imprisonment for a term which may extend to three months or fine upto Rs.lO,OOO or
both when offence are concerned with certain acts, mentioned under section 42(i)(a)-(g).
3. Imprisonment upto three months or fine upto Rs.l 000 or both on the offence of Wilful
alteration of monitoring device.
4. Imprisonment for a term not less than one year and six months but which may extend to
six years and fine for the offence of Contravention of provisions of sections 24 of the
Act.
5. Imprisonment for a term not less than one year and six months but which may extend to
six years and fine If any person who has been convicted of any offence under sections 24,
25 or 59 (vii) Contravention of any provision of Water Act or non-compliance with any
order or direction given under the Act, for which no penalty has been else, where
provided in the Act. 26 is again found guilty of an offence involving a contravention of
the same provision, on the second and on every subsequent conviction, is punishable with
imprisonment for a term not less than two years but which may extend to seven year and
fine.

There are many other penalties concerned with various offences, mentioned in the act.

The Act provides along with penalty another deterrent measures for the habitual offender i.e., the
publication of the offender's name, place of residence, the offence and penalty imposed, at the
offender's expense in newspapers or in any other manner as the court may direct.

Where the offender is a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of any director, manager or
19
secretary or other officer of the company, he shall also be deemed to be guilty of that offence and
is liable to be punished17.

THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS

ACT, 1977

With a view to enlarging the resources regarding implementation of Water Act, 1974, another
legislation i.e., Water (Prevention and Control of Pollution) Cess Act was passed in 1977.
The Act required levying a cess on local authorities which are entrusted with the duty of
supplying water under the law by or under which they are constituted and on certain specified
industries.

Moreover, ‘ section 3’ the Act empowers the Central Government to impose cess on consumed
water and enables the industries to earn a rebate on account of installing the plant for the
treatment of sewage or trade effluents . The precise idea behind enactment of Section 7 of the
Cess Act is that the period during which rebate could be claimed is only that period during which
the trade effluents get properly and satisfactorily treated as well.

17
Section 47(2).

20
CONSERVATION OF WATER BODIES

Due to man’s shrinking inclination towards nature and widening vision towards developmental
activities, there is a steep decline in natural fresh water resources worldwide.

In a landmark Supreme Court judgment the court laid down the law regarding the use of public
or natural resources which have a direct link to the environment of a particular area and indicated
specifically the order to be passed with respect to the two tanks in the Tirupathi. The grievance
was relating to the systematic destruction of irrigation and drinking water tanks in Tirupathi area,
and the citizens complained that the High Court had given precedence to the economic growth,
completely ignoring the importance of protection of environment, more specifically the
cherished fresh water resources. The directions were issued by the court to constitute a
Committee of Experts for the purpose of submitting a report on the question whether the two
tanks can be utilized for water harvesting or not18.

Before the Madras High court in T.S. Senthil Kumar v. Government of Tamil Nadu Sections 4-
10 Tamil Nadu protection of Tanks and Eviction of Encroachment Act, 2007 was challenged
as null and void and contrary to Article 14 of the Constitution of India. However after analyzing
various Supreme Court decisions, the High Court uphold the Act and held that, the State holds all
the water bodies in “public trust” for the welfare of this generation and all the succeeding
generations and, therefore, protecting water bodies must be given as much weight age in
accordance with the need19.

In another PIL case, which is filed for the maladministration prevalent corrupt practices, because
of which almost all the water bodies and water courses in and around the city of Chennai were
allowed to be encroached upon, resulting in the reduction of their water spread areas and water
shortage in the region. After hearing at length and the court held considering difficulties
expressed by Government Pleader in carrying out process of removal of encroachments from
water bodies, directions issued and even after the encroachments from the water bodies are
removed as per the policy decision of the State Government if any fresh encroachment is made,

18
Intellectual Forum v. State of Andhra Pradesh (2006) 3 S.C.C 549
19
WP No.20021 /2008 High Court of Madras reported in 2010 (3) MLJ 771

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District Collectors are same with liberty to remove the same with the help of the police even
without any notice to such encroachers20.

20
Anti corruption movement, rep by its General Secretary, Saligramam, Chennai v. Government of Tamil Nadu
(2008) 1 MLJ 417

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 CONCLUSION

In the project work, we have successfully tried to explain the legal and judicial responses
towards the preservation and protection of water resources, and the Act in concern with the
conservation of water bodies i.e. The Water Prevention and Control of Pollution Act, 1974, its
features and mechanism.

The formulation and recognition of various acts and strategies signify a judicial awareness on the
need for reconciliation of the developmental, socio-economic, and ecological conflicts in the
present day Indian society. This awareness is reflected in the cases that came before the courts
for review. Man must live and he must live well, in a healthy and safe atmosphere – this has been
the judicial principle and its entire efforts have been directed towards achieving that goal. On the
whole, one may appreciate the bold attempts made by the Indian Judiciary to ensure the
establishment of a clean, pollution-free environment.

The problem of environmental justice cannot be solved only by giving the opportunity to access
the court for seeking justice unless and until the judicial pronouncements are enforced effectively
to provide environmental justice. Therefore, there is a need for fair, honest, competent and
responsive enforcement machinery with the involvement of all the citizens and authorities.

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 REFERENCES

WEBSITES:

1. http://www.yourarticlelibrary.com/law/acts/summary-of-water-prevention-and-control-
of-pollution-act-1974-of-india/30192
2. http://www.idfc.com/pdf/report/2011/Chp-5-Water-Rights-And-The-New-Water-Laws-
In-India.pdf

STATUTES REFFERED:

1. The Water (Prevention and Control of Pollution) Act, 1974

2. The Water (Prevention and Control of Pollution) Cess Act, 1977

BOOKS:

1. K. Thakur: Environmental Protection, Law and Policy in India, Eastern Book

Company, Lucknow.

RESEARCH ARTICLES:

1. Somini Sengupta, "In Teeming India, Water Crisis Means Dry Pipes and Foul Sludge."
New York Times, September 29, 2006
2. Centre for Media Studies, 'India Corruption Study 2005: To Improve Governance', TI
India, New Delhi, July 28, 2005.
3. India: Water Supply and Sanitation, UNICEF Study 2002, P. 29

CASE LAWS CITED:

1. Subhash Kumar v. State of Bihar. AIR 1991 SC 420
2. Vishala Kochi Kudivella Samrakshana Samithi v. State of Kerala 2006 (1) KLT 919
3. S.K. Garg Vs. State of U.P. 1999 ALL. L.J., 332.
4. Delhi Water Supply and Sewage Dispasal Undertaking Vs. State of Harayana (1996) 2
SCC 572: AIR 1996 SC 2992.
5. Vishala Kochi Kudivella Samrakshana, Samithi Vs. State of Kerala, 2006(1) KLY 919,
para-3.

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6. T.S. Senthil Kumar v. Government of Tamil Nadu
7. Intellectual Forum v. State of Andhra Pradesh (2006) 3 S.C.C 549
8. Anti corruption movement, rep by its General Secretary, Saligramam, Chennai v.
Government of Tamil Nadu (2008) 1 MLJ 417

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