Extraction of water through illegal borewells not less than sin: Delhi HC
New Delhi, Apr 13 (PTI): Extraction of water through illegal borewells is nothing less than a sin, the Delhi High Court has observed while calling for imposition of "some kind of deterrence" on offenders.
The high court lamented that if such illegal borewells are not stopped, Delhi might end up facing a similar situation as happened in South Africa's Johannesburg a few years back when the city had no water.
"Some kind of deterrence needs to be imposed. It is nothing less than a sin the way illegal borewells are reducing the water level. Do you know what happened in Johannesburg? A few years ago the city had no water for several months. They faced a major water crisis. Do you want that situation to come up in Delhi also?" said a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela on April 9.
The court questioned the civic authorities as to how they could even permit borewells that too for constructions.
The court was hearing a plea by Sunil Kumar Sharma, an advocate, claiming that several borewells or submersible pumps were illegally installed at an under construction building at Goenka Road in Roshanara area here and sought their removal.
The petitioner also informed the court that the Municipal Corporation of Delhi (MCD) has responded in an RTI application that six borewells were found installed in the building.
Whereas, the SDM of Daryaganj has responded to the RTI application that three borewells were found in the building, which have been sealed, Sharma said.
The court ordered a joint survey of the property by high ranking officials of the MCD, DJB and SHO of the area.
"Having regard to the ever decreasing water level on account of such illegal activities, we direct a survey be conducted of such building by a team of high ranking officials nominated by the MCD commissioner, Delhi Jal Board CEO respectively and the SHO of police station concerned," the bench said, adding that the team should conduct the survey within 10 days and file a report.
The court also directed that if any illegal borewell is found functional at the site, appropriate action be taken by the authorities.
It further directed if the survey team finds that illegal borewells were earlier functional, it should mention in its report about the number of such machines and since when they were functional.
On the basis of findings of the report, it would consider imposing environmental compensation on the building owners for causing harm to water level, the bench said and listed the matter for further hearing on July 30.
The petitioner claimed in the plea that the building owner was constructing around 100 flats on the plot and the borewells were causing substantial harm to the residents of the area and it could also damage the environment.
He said that he has given representations to the authorities but no action has been taken.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
