SHC voices concern over excessive extraction of subsoil water

The Sindh High Court (SHC) has expressed concern over the excessive extraction of subsoil water and the lifting of minerals, observing that the level of subsoil water has dropped to a dangerous level over the years, and the entire irrigation system is now on the verge of collapse.

A division bench, comprising Justice Mohammad Shafi Siddiqui and Justice Adnan-ul-Karim Memon, observed in its judgment on a petition for the grant of a licence to continue the supply of subsoil water to the industrial zone that the excessive extraction of brackish/subsoil water, as well as the lifting of minerals sand and gravel, had been done in large quantities daily, but no one from the government side was taking interest to curb that atrocity.

It further observed that brackish water was more saline than fresh and was also the primary waste product of the salinity gradient power process.

The court observed that extraction of the alleged brackish water from the aquifer by the petitioner, if allowed in such huge quantities in the garb of Subsoil Water (extraction and consumption) Regulation 2018, would certainly disturb the aquifer and the environment of the area.

It directed the competent authority to look into the gravity of the situation and take remedial measures under the law. The court said it was an admitted fact that the natural source of water for the aquifer was rain, and rainfall is negligible and highly insufficient in the region, and it had been reported that the groundwater level was falling by a metre every year mainly due to groundwater extraction and bad water management.

The bench observed that the Supreme Court had also directed the government to regulate and price groundwater, be it industrial or agriculture use.

In its petition, the private company had sought the issuance of a direction to the Karachi Water and Sewerage Board to grant him a licence to continue the business for supplying brackish water via a pipeline from subsoil/boring to the National Refinery and other industries in Karachi.

The petitioner’s counsel argued that the law does not declare proprietary rights of brackish water with the respondents, thus the petition was maintainable under Article 199 of the constitution as a fundamental right to do business was involved.

The court inquired the counsel if such extraction of huge quantities of brackish water for commercial use would harm the aquifer, which was a national asset/resource and was to be utilized for the benefits of all and sundry, and if it would also ruin the environment of the area.

The counsel emphasised that there was no such law for the time being prohibiting people from using the sub-soil water in the quantity they needed to extract and supply through pipelines to industries.

The counsel focused on the meaning of brackish water and argued that the extraction of water would not have its adverse effect, which could be caused to the aquifer. The counsel relied upon the decision of the water commission on the subject issue for the regularisation of subsoil water under the Subsoil Water (extraction and consumption) Regulation 2018 framed by the respondent -- KWSB -- and requested the court to allow the instant petition.

The high court, after hearing the arguments of the counsel, did not incline to subscribe to the request of the petitioner because no right of the petitioner to extract minerals/brackish water had been established.

It observed that prima facie, in the garb of a petition, the company had attempted to continue such an activity illegally. It said the petition was misconceived and hereby dismissed in limine.