Groundwater use ban on Coke

The Kerala High Court ordered Hindustan Coca Cola Beverages Ltd to stop drawing groundwater for use in its bottling plant at Plachimedu in Palakaad district in a month from today.

The court also directed the Perumatty Gram Panchayat, under the jurisdiction of which the cola plant is located, and the state government to ensure that the plant did not extract groundwater after the stipulated time limit.

The court, however, gave the company a month's time to find out alternative sources of water. It also made it clear that the panchayat should renew the company's licence if the latter stopped extracting groundwater.

"Ground water under the land of the company does not belong to it. Every land owner can draw 'reasonable' amount of groundwater necessary for its domestic and agricultural requirements. But here, 510 kilo litres of water is extracted daily, thus breaking the natural water cycle," Justice K Balakrishnan Nair observed while delivering the judgment on a petition filed by the panchayat.

The court held that extraction of groundwater, even up to the admitted limit by the company, was 'illegal'. The company had no legal right to extract the natural wealth to this extend and the panchayat and the government were bound to prevent it, the court observed.

The court ruled that the state government had no power to allow a private party to extract such a huge quantities of groundwater which could lead to drying up of the source.

The ground water department was asked by the court to hold inspection at the plant site, after giving notice to the panchayat and the company.

Justice Nair also directed the panchayat to ensure that all wells, including bore-wells, of the company be closed down in a month from today.

The judgement was delivered on a petition by the panchayat challenging the government order permitting the company to function despite the closure notice issued by the panchayat on the grounds of health hazards and over exploitation of groundwater.