In Re: Measures For Prev. Of Fatal Acc vs Union Of India & Ors
- SCC(2010) 15 SCC 223
Ratio decidendi
The rule this decision rests on
The Supreme Court has the power to issue mandatory guidelines for the protection of public safety in exercise of its writ jurisdiction, where a matter of grave public concern affects the welfare of citizens and the existing statutory framework is inadequate to prevent fatal accidents. The owner of a borewell or tubewell must provide advance written notice of at least 15 days to the District Collector, District Magistrate, Gram Panchayat Sarpanch, or relevant statutory authorities before commencing construction. All drilling agencies, whether Government, Semi-Government, or Private, must be registered with the district administration or applicable statutory authority as a mandatory requirement. During and after construction of borewells and tubewells, specified safety measures must be implemented: erection of signboards bearing the drilling agency and owner's details, barbed wire fencing or suitable barriers around the well, construction of a cement/concrete platform of specified dimensions around the well casing, and capping of the well assembly by welding or bolting a strong cover to the casing pipe. Abandoned borewells and tubewells must be filled from bottom to ground level with clay, sand, boulders, pebbles, or drill cuttings, and ground conditions must be restored to their pre-drilling state; a certificate confirming proper filling to ground level must be obtained from the concerned department, with random inspections mandated. District-level monitoring and maintenance of borewell and tubewell status records, including data on wells in use, abandoned wells left open, and abandoned wells properly filled, is the responsibility of the District Collector with implementation through Village Sarpanch in rural areas and Junior Engineers in urban areas.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Union of India and Ors. ...Respondent(s)
O R D E R
With this Court issuing requisite guidelines vide
order dated 11th February, 2010, subject to slight
modification, nothing survives in the present writ petition.
That modification is as follows:
(i) The owner of the land/premises, before taking any steps for constructing bore well/ tube well must inform in writing at least 15 days in advance to the concerned authorities in the area, i.e., District Collector/ District Magistrate/Sarpanch of the Gram Panchayat/any other Statutory Authority/concerned officers of the Department of Ground Water/Public Health/ Municipal Corporation, as the case may be, about the construction of bore well/tube well.
(ii) Registration of all the drilling agencies, namely, Government/Semi Government/Private etc. should be mandatory with the district administration/Statutory Authority wherever applicable.
....2/-
- 2 -
(iii) Erection of signboard at the time of construction near the well with the following details :-
(a) Complete address of the drilling agency at the time of construction/rehabilitation of well.
(b) Complete address of the user agency/owner of the well.
(iv) Erection of barbed wire fencing or any other suitable barrier around the well during construction.
(v) Construction of cement/concrete platform measuring 0.50x0.50x0.60 meter (0.30 meter above ground level and 0.30 meter below ground level) around the well casing.
(vi) Capping of well assembly by welding steel plate or by providing a strong cap to be fixed to the casing pipe with bolts & nuts.
(vii) In case of pump repair, the tube well should not be left uncovered.
(viii) Filling of mud pits and channels after completion of works.
(ix) Filling up abandoned borewells by clay/sand/boulders/pebbles/drill cuttings etc. from bottom to ground level.
....3/-
- 3 -
(x) On completion of the drilling operations at a particular location, the ground conditions are to be restored as before the start of drilling.
(xi) District Collector should be empowered to verify that the above guidelines are being followed and proper monitoring check about the status of boreholes/tubewells are being taken care through the concerned State/Central Government agencies.
(xii) District/Block/Village wise status of bore wells/tubewells drilled viz. No. of wells in use, No. of abandoned bore wells/tube wells found open,No. of abandoned borewells/tubewells properly filled up to ground level and balance number of abandoned borewells/tubewells to be filled up to ground level is to be maintained at District Level.
In rural areas, the monitoring of the above is to be done through Village Sarpanch and the Executive from the Agriculture Department. In case of urban areas, the monitoring of the above is to be done through Junior Engineer and the Executive from the concerned Department of Ground Water/Public Health/Municipal Corporation etc.
(xiii) If a borewell/tubewell is 'Abandoned' at any stage, a certificate from the concerned department of Ground Water/Public health/Municipal Corporation/Private contractor etc. must be obtained by the aforesaid agencies ....4/-
- 4 -
that the 'Abandoned' borewell/tubewell is properly filled upto the ground level. Random inspection of the abandoned wells is also to be done by the Executive of the concerned agency/department. Information on all such data on the above are to be maintained in the District Collector/Block Development Office of the State.
We are informed that the last paragraph of the
earlier order dated 11th February, 2010, concerning publicity
has been duly complied with.
Subject to the above, the writ petition is disposed
of.
....................CJI. [S.H. KAPADIA]
......................J. [K.S. RADHAKRISHNAN]
......................J. [SWATANTER KUMAR] New Delhi, August 06, 2010.
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free