IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CIVIL) NO.

OF 2015

[Arising out of the Impugned Final Judgment and Order dated 22.04.2015
passed by the Delhi High Court in WP (C) No. 3933/2015]

In the matter of:

RAMESH AILAWADI

Petitioner
versus

UNION OF INDIA AND ANR.

Respondents

PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)

ADVOCATE FOR THE PETITIONER: PRASHANT BHUSHAN

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.___________OF 2015
In the matter of:
RAMESH AILAWADI

Petitioner
versus

UNION OF INDIA AND ANR.

Respondents

OFFICE REPORT ON LIMITATION

1.

The above mentioned Special Leave Petition is filed within time.

2.

The Petition is barred by time and there is delay of__________days

in filling the same against order dated 22/04/2015.

3.

There is delay of _______________ days in refilling the petition and

petition for condonation of ___________days delay in refilling has
been filed.

BRANCH OFFICER

PLACE: NEW DELHI

DATED:

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CIVIL) NO.

OF 2015

[Arising out of the Impugned Final Judgment and Order dated 22.04.2015
passed by the High Court of Judicature at Delhi in WP (C) No. 3933/2015]
IN THE MATTER OF:
POSITION OF PARTIES
High Court

1. RAMESH AILAWADI
S/O LATE SHRI HEM RAJ
AILAWADI
R/O C-1/21, JANAK PURI,
NEW DELHI-110058

The Petitioner

Supreme Court

The Petitioner

VERSUS
UNION OF INDIA
1. THROUGH ITS SECRETARY

Respondent No. 2

Respondent No. 1

MINISTRY OF WATER
RESOURCES
SHRAM SHAKTI BHAVAN
RAFI MARG
NEW DELHI-110001

2.

GOVT OF NCT OF DELHI

THROUGH ITS SECRETARY

Respondent No. 1

Respondent No. 2

DEPT. OF ENVIRONMENT
LEVEL-6, WING-C
DELHI SECRETARIAT
IP ESTATE, NEW DELHI
(BOTH RESPONDENTS ARE CONTESTING RESPONDENTS)
To

The Honble Chief Justice of India And His Honble Companion Justices of
The Honble Supreme Court Of India
The humble Special Leave Petition of the Petitioner above named:
MOST RESPECTFULLY SHOWETH:
1. The Petitioner is filing the present Special Leave Petition against the
impugned Final Order dated 22.04.2015 passed by the High

Court of

Judicature at Delhi in Writ Petition (Civil) No. 3933 of 2015 whereby the
High Court had dismissed the Writ Petition. It is submitted that no intracourt appeal or LPA is maintainable against the impugned order/judgment
since it is passed by division bench and under Delhi HC Rules, no appeal
lies against division bench order.
2. QUESTIONS OF LAW
The following questions of law arise for consideration by this Hon'ble Court:
I.

Can a limited, scarce and valuable natural resource like groundwater be

allowed to be exploited without any limit and that too free of cost, without
any regard to equity, its huge wastage and scarcity?

II.

Is the State in breach of its obligations under the public trust doctrine by
not regulating the usage of groundwater, and not ensuring its optimal
usage?

III.

Did the High Court err in holding that it is outside the scope of courts to
oversee government policy regarding distribution of natural resources?

IV.

Did the High Court err is not directing the respondents to meter and price
the groundwater resource in a manner that discourages its wasteful use?

3. DECLARATION IN TERMS OF RULE 3 (2)

The Petitioner state that no other Petition seeking leave to appeal has
been filed by them against the final judgment and order of the Honble
Division Bench of the High Court of Judicature at Delhi, dated 22.04.2015

passed in WP (C) No. 3933/2015 titled Ramesh Ailawadi vs. Govt of NCT
of Delhi & Anr.

4. DECLARATION IN TERMS OF RULE 5

The annexures produced along with the SLP are true copies of the
pleadings/documents, which formed part of the record of the case in the
High Court below against whose order leave to appeal is sought for in this
Petition.
5. GROUNDS
A. Groundwater forms part of the various natural resources that have
been imparted to us by the nature. The State is the guardian to such
natural resources and therefore bears a heavy responsibility to lead the
country in sustainable use of such resources. The fast depleting
groundwater calls for urgent attention. Without metering the use of
groundwater and charging it, the authorities have no information about
the huge wastage manner it is being used and by whom.
B. Article 39(b) of the Constitution of India provides that the State shall
direct its policy to see that the ownership and control of natural
resources of the community are so distributed as to best sub-serve the
common good. Huge wastage of the precious resource of groundwater
by those who have been able to install these installations violates
Articles 14 and 21 of the Constitution of India.
C. That groundwater depletion is of grave concern and limiting its use,
charging it, and minimizing wastage would not only help in water
conservation, but would also bring revenue to the government which
can further be used by government to safeguard the degradation of
underground water table.

D.

That the Honble High Court of Kerala in the landmark case of

Perumatty Grama Panchayat vs State of Kerala (2004 (1) KLT 731),
popularly known as the Coca-Cola case, held: Ground water is a
national wealth and it belongs to the entire society. It is a nectar,
sustaining life on earth. Without water the earth would be a desert
Our legal system- based on English common law- includes the public
trust doctrine as part of its jurisprudence. The State is the trustee of all
natural resources which are by nature meant for public use and
enjoyment The State as a trustee is under a legal duty to protect the
natural resources. These resources meant for public use cannot be
converted into private ownership In view of the above authoritative
statement of the Honble Supreme Court, it can be safely concluded
that the underground water belongs to the public. The State and its
instrumentalities should act as trustees of this great wealth. The State
has got a duty to protect ground water against excessive
exploitation and the inaction of the State in this regard will
tantamount to infringement of the right to life of the people
guaranteed under Art 21 of the Constitution of India the
Panchayat and the State are bound to protect ground water from
excessive exploitation.

E. That as the individuals right to use groundwater is limited by the need

to contain environmental consequences, such as the lowering of the
water table, the State has the obligation to see that groundwater use
does not lead to environmental degradation. Inaction of the State
violates its obligations under the public trust doctrine.
F. That without metering and measuring the usage at individual
installations/users, the State has no possibility of checking the misuse,
scandalous wastage, and without charging for its usage above a certain

limit, there is no disincentive for wasteful usage and no incentive for its
optimal use.
6. GROUNDS FOR INTERIM RELIEF
Nil
7. PRAYER:
For the reasons aforesaid and those that may be urged at the time of hearing it
is most respectfully prayed that the Honble Court be pleased to:
A) To grant Special Leave to Appeal to the petitioner under Article 136 of
the Constitution against the order dated 22.04.2015 in W.P. (C) No. 3933 of
2015 passed by the High Court of Judicature at Delhi and
B) Pass such other and further order or orders as this Honble Court may
deem fit and proper in the facts and circumstances of the case.

8. INTERIM PRAYER:
Nil
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND
SHALL EVER PRAY.

PETITIONER

Through:

PRASHANT BHUSHAN
Counsel for the Petitioner

Drawn by: Pranav Sachdeva

Drawn and Filed on:
New Delhi

July 2015

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.

OF 2015

In the matter of:

RAMESH AILAWADI

Petitioners
versus

UNION OF INDIA AND ANR

Respondents

CERTIFICATE
Certified that the Special Leave Petition is confined only to the pleadings
before the Court whose judgment/order is challenged and the other
documents

relied

upon

in

those

proceedings.

No

additional

facts/documents have been taken therein or relied upon in the Special

Leave

Petition.

It

is

further

certified

that

the

copies

of

the

documents/annexures attached to the Special Leave Petition are

necessary to answer the questions of law raised in the Petition or to make
out grounds urged in the Special Leave Petition for consideration of this
Honble Court. This certificate is given on the basis of the instructions given
by the Petitioners whose affidavit is filed in support of the Special Leave
Petition.

PRASHANT BHUSHAN
COUNSEL FOR THE PETITIONER
NEW DELHI
Dated:

July 2015