ensure that commercial establishments are not exploiting groundwater to an unprecedented level and establish such units for withdrawing groundwater without adequate NOC from the statutory authorities. We also find that under the Kerala Panchayat Raj Act, 1994, Kerala Municipality Act, 1994 and the Building Rules issued thereunder, in order to construct any well, a permit is required from the Secretary of the local body. These are all clear indications to show that the Authorities are vested with ample powers to translate the intention of the Act, 2002 and other legislation discussed above, to avoid dearth of groundwater due to the over exploitation of groundwater by commercial and business establishments. These provisions and others specifically covered under the laws discussed above make it clear there shall be a proper and adequate mechanism in place so as to effectively control , regulate and manage the entire affairs in respect of withdrawing groundwater. Therefore we are of the definite opinion that the contention advanced by the petitioners that there is no law for the licensing of groundwater establishments is not correct. But on the other hand the state and the authorities are not taking adequate measures to curb the misuse of the groundwater, and exploitation done commercially, thus depleting the groundwater level day by day.
