Title: Hema Anil v State of Kerala.
Decided on: 18th, October 2023
Writ C No. – 23660 Of 2023
CORAM: The Honorable Mr. Justice Bechu Kurian Thomas.
The Kerala High Court is considering a case concerning the commercial use of paddy land, specifically the drilling of wells for a packaged drinking water manufacturing facility. Hema Anil, the petitioner, requested authorization to drill a well for this business venture. The Panchayat and the Ground Water Department, however, expressed worries regarding the legality and ecological effects of such actions. This case emphasizes the value of protecting wetlands and paddy fields in Kerala, India, as well as the interpretation of pertinent laws and regulations.
FACTS OF THE CASE
Hema Anil requested permission to drill a well on paddy land in this case before the Kerala High Court in order to pursue a business venture that would involve the production of packaged drinking water. The property’s suitability for well construction was verified by the Ground Water Department. Nonetheless, the Panchayat and the authorities brought up legal and ecological issues. The main question in the case is whether drilling wells on paddy land for profit complies with Kerala’s applicable laws and regulations. In the end, the court denied the writ petition, highlighting the need to protect wetlands and paddy fields for their ecological value.
COURTS ANALYSIS AND DECISION
The Kerala High Court emphasized the ecological significance of protecting these areas by outlawing well-digging on paddy land for profit. It rejected the petition, highlighting the fact that commercial operations on such lands run counter to the goals of the law.
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Written by- Kusuma R