It has been reported in the media that in light of the water shortage in Karnataka, the state government is considering passing a law to ban sinking of bore-wells without permission from the government.
But such a legal provision already exists for cities in the state. Sec. 300 of the Karnataka Municipal Corporations Act, 1976 (KMCA) says "The construction or reconstruction of a building shall not begin unless and until the Commissioner has granted permission for the execution of the work" while Sec.312 of KMCA says "The provisions of Secs. ..., 300, ... shall, so far as may be, apply to wells." Read together, it is clear that these two sections prohibit the digging of a well or bore-well without the permission of the Corporation Commissioner.
But these provisions of KMCA have never been enforced in Karnataka and bore-wells have been and still are being dug indiscriminately without obtaining permission from the City Commissioner. This has led to severe depletion of ground water which is a common public resource and not the property of any private party. It has also led to large scale contamination of ground water, making it non-potable. It has been estimated that 70% of all urban borewells may be contaminated. MGP has brought this serious issue to the notice of the state government, Mysore City Corporation commissioner and the Mysore District Commissioner, but to no avail.
If there is no political will to strictly implement existing laws, what is the use of making another law?
V. Mahesha, Mysore Grahakara Parishat
But such a legal provision already exists for cities in the state. Sec. 300 of the Karnataka Municipal Corporations Act, 1976 (KMCA) says "The construction or reconstruction of a building shall not begin unless and until the Commissioner has granted permission for the execution of the work" while Sec.312 of KMCA says "The provisions of Secs. ..., 300, ... shall, so far as may be, apply to wells." Read together, it is clear that these two sections prohibit the digging of a well or bore-well without the permission of the Corporation Commissioner.
But these provisions of KMCA have never been enforced in Karnataka and bore-wells have been and still are being dug indiscriminately without obtaining permission from the City Commissioner. This has led to severe depletion of ground water which is a common public resource and not the property of any private party. It has also led to large scale contamination of ground water, making it non-potable. It has been estimated that 70% of all urban borewells may be contaminated. MGP has brought this serious issue to the notice of the state government, Mysore City Corporation commissioner and the Mysore District Commissioner, but to no avail.
If there is no political will to strictly implement existing laws, what is the use of making another law?
V. Mahesha, Mysore Grahakara Parishat