NT Reporter
Panaji
The High Court of Bombay at Goa has directed the ground water officer to initiate penal action against those responsible for 43 illegal bore wells found in Chimbel village.
While the authorities have already sealed the illegal bore wells, the court said sealing alone was not sufficient and that action under the law must follow.
A Division Bench of Justices Valmiki Menezes and Hiten S Venegavkar, hearing a public interest litigation filed by Ana Gracias, directed that the process of imposing penalties under the Goa Ground Water Regulation Act, 2002, be completed within six weeks from the date of the order.
The direction followed an investigation by the Water Resources Department. An affidavit filed by executive engineer Ajay Kudchadkar stated that 43 illegal bore wells were found within Survey No. 62/2 of
Chimbel village.
The department placed on record a survey plan and a chart identifying the occupants and structures where the bore wells were found.
“Now that the department has identified the location of these illegal bore wells, and the same have been sealed, it is up to the authority to proceed to take action against these occupants of the structures/persons who have contravened the provisions of Section 17 of the Goa Ground Water Regulation Act, 2002,” the High Court said.
Section 17 of the Act provides that the illegal sinking or construction of a well is a punishable offence. Following amendments made on July 21, 2023, any person found violating the provision is liable for a fine of up to Rs 5 lakh.
“Since the identities of the persons who have constructed these bore wells have now been established, we direct the ground water officer designated for the subject area to proceed to take action under Section 17 of the Act and to impose such penalties as are prescribed by that provision,” the High Court said. The court also directed the Chimbel panchayat secretary to provide house numbers and occupant details of properties in Survey No. 62/2 within three days of receiving a formal request from the executive engineer. The matter has been posted for further hearing on September 2, by which time the authorities are expected to report on the action taken.
