Water and the Laws in India

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Edited by: Ramaswamy R. Iyer

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    Preface

    For many years now I have been feeling the need for a compendious book on the various legal questions that arise whenever we explore any issue relating to water policy or management. Some of those questions had been dealt with in various chapters in my books Water: Perspectives, Issues, Concerns (Sage, 2003) and Towards Water Wisdom: Limits, Justice, Harmony (Sage, 2007), and in papers contributed by me to books edited by others and to journals. However, it seemed to me that a separate book specially devoted to the legal issues relating to water was called for. On further reflection, I came to feel that it should be preferably an edited book consisting of contributions by a number of authors and not a single-author book. Dr Pratap Bhanu Mehta, President of the Centre for Policy Research (CPR), to whom I broached the subject, was enthusiastic in his response and offered to support the project.

    Accordingly, several clusters of themes and questions were formulated and assigned to a number of possible authors. The clusters covered a wide range of subjects such as constitutional perspectives, inter-State water disputes, inter-sectoral and inter-use conflicts, water as both basic life-support and economic good, the ownership of water, community initiatives in local water management and the support, if any, to them by the state and law, and so on. Some questions regarding the existing laws were also posed for consideration, such as their adequacy and appropriateness, whether they help or hinder in dealing with the problems that have been experienced, and so on. That was the background against which the papers brought together in this book were written.

    In a compilation of contributions by diverse hands, however carefully structured, two things cannot be expected, namely (a) a single sustained argument or thesis running through the book, and (b) an identity of views on all matters among the contributors. Indeed, if the size of the book had permitted it, the presentation of a diversity of perceptions and views could have been taken even further and made more wide-ranging.

    The contributors to this book include lawyers, academics in the field of law, academics in other disciplines (social and natural sciences), former civil servants (the editor falls into this category), and social and environmental activists. The intention was to bring about an inter-disciplinary approach to the extent possible. This was partly helped by the participation of many of the authors in a two-day workshop in March 2007.

    This book contains 20 contributed chapters, but even so, the intended comprehensiveness might not have been wholly achieved. There might well be issues that have not been discussed adequately or at all in this book, but there were limits to the extent to which (despite the indulgence of the publishers) the book could have been allowed to grow in size. However, it can be claimed that the coverage of the book is fairly extensive.

    I must thank all the authors for their valuable contributions and for their patience during the editing process. Assuming the role of editor for a book with such distinguished contributors was perhaps a rash and presumptuous act on my part, but I am glad that I undertook it: I have learnt a great deal in the process.

    I am very grateful to the CPR for the financial, logistical and other support extended to this undertaking, without which this book would not have come into being. This is essentially a CPR book. I must also mention the ever-helpful Chief of Administrative Services, L. Ravi, and acknowledge the assistance provided by the CPR President's secretariat, and in particular by Sunil Kumar.

    At the Authors' Workshop held at CPR on 27–28 March 2007, many invitees (apart from the authors) were present and made valuable comments and suggestions. These were immensely useful, and I express my grateful thanks to all the participants.

    I am particularly grateful to Dr Ajit Mozoomdar for going through the first draft of the last chapter and giving me some very valuable comments.

    SAGE Publications has been enthusiastic about this project from the beginning and very supportive at every stage. In particular I should like to mention with appreciation Dr Sugata Ghosh, Ms Payal Kumar, Ms Rekha Natarajan, Ms Reema Singhal, and the editorial team of Rachna Sinha and Jyotsna Mehta.

    My wife Suhasini and son Madhu (Mahadevan) were not merely supportive in the usual sense but provided valuable professional assistance.

    Finally, I must acknowledge my debt to the late Chhatrapati Singh, the pioneer in this field.

    Ramaswamy R.Iyer

    Introduction

    Ramaswamy R.Iyer

    At the outset, a word in explanation of the precise delimitation of the scope of this book seems necessary. On the one hand, it is not a conventional ‘water law book’: it does not start from an account of all the existing laws relating to water, describing, analysing and commenting on them; instead, it starts from issues and problems relating to water and proceeds to a discussion of the legal questions that arise. That explains the title of the book ‘Water and the Laws in India’, and not ‘The Water Laws of India’. On the other hand, it is not a full-scale ‘water policy’ or ‘water issues’ book; it does not deal with water-related issues that are purely procedural or managerial or economic and do not involve legal questions. However, most of the issues relating to water-resource policy, planning and management do in fact lead us into legal debates. Questions arise about the nature of water, its ownership, the proper approach to its ‘development’ and ‘management’ (to use prevalent but questionable terms), the means of avoiding or resolving conflicts relating to water, Centre–State, inter-State and inter-country relationships, and so on; and some of those questions are inter-related.1 This book seeks to bring all those questions together between the covers of one volume.

    What we have in relation to water in this country is a patchwork of laws of diverse origins, developed over a long period of time. There are elements drawn from ancient local customs and traditions, and others drawn from British common law via the colonial government and its courts. Some laws reflect the imperfect knowledge of earlier times: for instance, a distinction was made by British courts between flowing surface water and groundwater because very little was then known about the latter. Laws relating to irrigation, though enacted by the colonial rulers, could be described as Indian in origin because they were specific to the Indian context. International conventions such as the Helsinki Rules have also been drawn upon by our tribunals in dealing with inter-State disputes. To that medley have been added concepts and ideas drawn from more recent national and international discourses (water as a human right, the ‘subsidiarity’ principle, the precautionary principle, ‘minimum flows’, public–private partnership, common pool resource, community management, etc.). This book is an effort at understanding the complexities and moving towards coherence.

    A brief indication of what the various chapters deal with follows. These capsule previews cannot possibly hope to do justice to the range and richness of the contents of the various chapters. The intention is merely to give the reader a rough idea of what to expect.

    Part I contains a broad overview of the legal issues relating to water, provided by Vaidyanathan and Jairaj, which serves in a way as a supplementary Introduction.

    Part II covers federalist aspects. Kamala Sankaran presents certain constitutional perspectives in relation to water in India, drawing attention to the dangers of centralisation and stressing the importance of legal pluralism and the provision of space for people's initiatives. On inter-State river water disputes, Fali Nariman argues that tribunals should change to a less formal, more consultative and exploratory, committee-like style of functioning. He also recommends that the Inter-State Water Disputes Act should be repealed and such disputes transferred to the domain of the original jurisdiction of the Supreme Court. Taking inter-State water disputes and their adjudication as the point of departure for a much larger discussion, Radha D'Souza argues that the careful constitutional balance among the three organs of state has been upset by the Central Government's centralising tendency and the Supreme Court's aggrandisement, and that this has distorted both Indian federalism and the state–people relationship. She makes a plea for the restoration of the badly distorted balance.

    Part III covers some major water-related legal themes. Tony George Puthucherril gives an account of Indian riparian law, points out its infirmities, and argues for an alternative and more enlightened model. Videh Upadhyay shows how the state, in colonial times and later, has tended to assert state control and sovereign rights over water, and suggests a reconciliation of the regulatory powers of the state on the one hand, and the people's rights of access to and use of water and other natural resources on the other. Upendra Baxi argues strongly for a clear enunciation of a constitutional human right to water. M.S. Vani argues that decentralised local rainwater-harvesting is the right approach to water management and that such an approach requires the active involvement or ‘engagement’ of the community. She urges a shift from the state's assertion of ‘eminent domain’ to facilitate this. K.J. Joy and Suhas Paranjape present a vast canvas with a multiplicity of strands. Among other things, they stress the multi-dimensionality of water and outline a system of equitable entitlements and institutional arrangements. K.C. Sivaramakrishnan points out that despite judicial pronouncements, drinking water has not in fact been treated as a legal right of the citizen or a legal obligation of the local authorities. Kuntala Lahiri-Dutt deplores the lack of recognition of women as irrigators, water-users and economic actors, and stresses the need to make water an instrument of empowerment.

    Part IV is about certain water-related problems and their legal aspects. Dinesh Kumar Mishra criticises the misconceived ideas of flood control that have done more harm than good and draws attention to the inadequacies and failures on the relief front. Paritosh Tyagi points out that the effectiveness of the pollution control laws and institutions is seriously limited by various factors, and makes certain recommendations for strengthening the enforcement of the laws.

    Part V is about the legal issues arising from projects and activities for the augmentation of water for use, and is divided into three segments: Big Projects, Groundwater Extraction and Local, Small-scale Water-augmenting Activities. In the first segment, Manju Menon and Kanchi Kohli find grave deficiencies in the current environmental clearance regime for major river valley projects, and make a number of recommendations aimed at bringing about a significant improvement in environmental decision-making. Shyam Divan expresses serious dissatisfaction with the environmental clearance regime, the institutional arrangements and the entire EIA (environmental impact assessment) process, but hopes that a well-enforced EIA regime, with deterrent action in a few well-publicised cases, will approximate the ideal. Himanshu Thakkar, after tracing the history of the attempts to formulate a policy for the resettlement and rehabilitation of project-affected people, examines the National Resettlement and Rehabilitation Policy 2007, and, despite some good features, finds it seriously deficient in many ways. In the second segment (groundwater), M.S. Vani urges a move away from the common law tradition of land-related private property rights over groundwater towards a recognition of groundwater as a common pool resource held in public trust by the state, with concomitant reforms in institutional structures and mechanisms. In the last segment of this part, DHAN Foundation draws attention to the importance of traditional tank irrigation in the southern States and its decline over time for a number of reasons, stresses the imperative of reviving it to the extent possible, and makes a plea for the necessary supportive legal framework and ambience.

    Part VI is about water law reform. Philippe Cullet and Roopa Madhav give a compendious account as also a critique of the various attempts at water policy and water law reform that have been made in India. T.N. Narasimhan also argues for a reform of water law in India, but from two inter-related perspectives, namely, an ecological and earth science perspective, and a study of the public trust doctrine in Europe, England and America, with special reference to the Californian experience.

    In Part VII, the editor attempts a structured discussion of the important issues that emerge from the various chapters, and puts forward his own ideas for change.

    As the title indicates, this book is about water and the laws in India. It does not deal with inter-country issues or with global water governance. However, a few words on those aspects will be found in the final chapter.

    1 In this book, ‘s’ (lower case) is used for ‘state’ in the abstract, and ‘S’ (capital) for ‘State’ meaning a unit in the federal structure.

  • Appendix: List of Selected Water and Related Statutes in India

    Farhana Z.Khan
    Central Laws
    • Coasting Vessels Act 1838
    • Bengal Alluvion and Diluvion Act 1847
    • Shore Nuisances (Bombay and Kolaba) Act 1853
    • Northern India Canal and Drainage Act 1873
    • Northern India Ferries 1878
    • The Easement Act 1882
    • Land Acquisition Act 1894
    • Indian Fisheries Act 1897
    • Indian Ports Act 1908
    • Inland Vessels Act 1917
    • The Indian Forest Act, 1927
    • Coast Guard Act 1950
    • Tungabhadra Board Act 1953
    • River Boards Act 1956
    • The Inter-State Water Disputes Act 1956, Inter-State Water Disputes (Amendment) Act 2002.
    • Merchant Shipping Act 1958
    • Wildlife Protection Act 1972
    • Betwa River Board Act 1976
    • Maritime Zones Act 1976
    • The Water (Prevention and Control of Pollution) Act, 1974, as amended up to 1988
    • The Water (Prevention and Control of Pollution) Cess Act, 1977, amended 1992
      • Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003 (19 of 2003)
      • The Water (Prevention and Control of Pollution) Rules, 1975
      • The Water (Prevention and Control of Pollution) (Procedure for Transaction of Business) Rules, 1975
      • The Water (Prevention and Control of Pollution) Cess Rules, 1978
      • Central Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules, 1975, amended 1976
    • Territorial Waters, Continental Shelf, Exclusive Economic Zone 1976
    • Marine Fishing Regulation Act 1978
    • Forest (Conservation) Act, 1980
      • Forest (Conservation) Rules, 1981
    • Brahmaputra Board Act 1980
    • Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act 1981
    • National Waterway (Allahabad-Haldia Stretch of Ganga-Bhagirathi, Hooghly River) Act 1982
    • Inland Waterways Authority of India Act 1985
    • The Environment Protection Act, 1986
      • The Environment (Protection) Act, 1986, amended in 1991
      • The Environment (Protection)Act 1986, amended in 1993
      • Environment (Protection) Amendment Act, 2006
        • The Environment (Protection) Rules, 1986
        • The Environment (Protection) (Second Amendment) Rules, 1991
        • The Environment (Protection) (Third Amendment) Rules, 1993
        • The Environment (Protection) (Second Amendment) Rules, 1998
        • The Environment (Protection) (Second Amendment) Rules, 1999
        • The Environment (Protection) Amendment, Rules, 2001
        • The Environment (Protection) Second Amendment Rules, 2002
        • The Environment (Protection) Third Amendment Rules, 2002
        • The Environment (Protection) Fourth Amendment Rules, 2002
        • The Environment (Protection) Amendment Rules, 2003
        • The Environment (Protection) Second Amendment Rules, 2004
        • The Environment (Protection) Second Amendment Rules, 2006
    • National Waterway (Sadiya-Dhubri Stretch of the Brahmaputra River) Act 1988
    • Hazardous Wastes (Management and Handling), Rules, 1989
    • National Waterway (Kollam-Kottapuram Stretch of West Coast Canal and Champakara and Udyogmandal Canals) Act 1992
    • Betwa River Board (Amendment) Act 1993
    • National Thermal Power Corporation Limited, the National HydroElectric Power Corporation Limited and the North-Eastern Electric Power Corporation Limited (Acquisition and Transfer of Power Transmission Systems) Act, 1993
    • National Environmental Tribunal Act 1995
    • National Environment Appellate Authority Act 1997
    • Bio-Medical Waste (Management and Handling) Rules, 1998
    • Electricity Regulatory Commission Act 1998
    • Municipal Solid Wastes (Management and Handling), Rules, 2000
    • Batteries (Management and Handling), Rules, 2001
    • Biological Diversity Act, 2002
    • The Offshore Areas Mineral (Development & Regulation) Act, 2002
    • Platforms on Continental Shelf Act 2002
    • Offshore Areas Mineral (Development and Regulation) Act, 2002
    • Electricity Act 2003
    • National Disaster Management Act 2005
    • Special Economic Zones Act 2005
    • Coastal Aquaculture Authority Act 2005
    • Environment Impact Assessment Notification No. S.O.1533 (E) dated 14 September, 2006
    Bills
    • The Rehabilitation and Resettlement Bill 2007
    • Land Acquisition (Amendment) Bill 2007
    Some Central Water and Related Policies
    • National Water Policy 1987
    • National River Policy, 1988
    • National Forest Policy 1988
    • National Land Use Policy Outline 1988
    • National Conservation Strategy and Policy Statement on Environment and Development, 1992
    • Policy Statement on Abatement of Pollution 1992
    • National Water Policy 2002
    • National Environment Policy 2006
    • National Rehabilitation and Resettlement Policies 2003 and 2007
    State Acts

    Andhra Pradesh
    • Andhra Pradesh Revenue Recovery Act 1864
    • Andhra Pradesh (Andhra Area) Irrigation Cess Act, 7 of 1865
    • Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 2 of 1890
    • Andhra Pradesh Ferries Act 1914
    • The Indian Fisheries (A.P.) Andhra Area Amendment Act 1927
    • Andhra Pradesh Canal and Public Ferries Amendment Act 1939
    • Andhra Pradesh (Andhra Area) Public Health Act 1939
    • Madras Irrigation Voluntary Cess Act, 13 of 1942
    • Andhra Pradesh (Andhra Area) Irrigation Works (Repairs, Improvement and Construction) Act, 18 of 1943
    • Andhra Pradesh (Andhra Area) Irrigation Tanks (Improvement) Act, 19 of 1949
    • Andhra Pradesh (Andhra Area) Land Improvement Schemes (Contour Bunding and Contour Trenching) Act, 22 of 1949
    • Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 5 of 1952
    • Andhra Pradesh (Andhra Area) Irrigation Works (Levy of Compulsory Water Cess) 1955
    • Andhra Pradesh Irrigation (Levy of Betterment Contribution) Act 1955
    • Andhra Pradesh (Telangana Area) Irrigation Act, 24 of 1957
    • The Indian Fisheries (AP Extension and Amendment) Act, 1961
    • Andhra Pradesh Irrigation (Levy of Betterment Contribution) Act, 25 of 1965
    • Hyderabad Metropolitan Water Supply and Sewerage Act 1989
    • A.P. Marine Fishing Regulation Act 1994
    • Andhra Pradesh Panchayat Raj Act 1994
    • Andhra Pradesh Municipality Act 1994
    • A.P. Marine Fishing Regulation Act, 1995
    • Andhra Pradesh Ground Water (Regulation for Drinking Water Purpose) Act 1996
    • Andhra Pradesh Water Resources Development Corporation Act 1997
    • Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997
    • Andhra Pradesh Electricity Reform Act 1998 and Rules 1999
    • The Andhra Pradesh Infrastructure Development Enabling Act, 2001 (AP IDEA 2001)
    • Andhra Pradesh Land, Water and Trees Act 2002
    Arunachal Pradesh
    • Indian Electricity Act 1910
    • The Arunachal Pradesh Water Resources Management Authority Bill, 2006
    Assam
    • Assam Betterment Fees and Mooring Tax (Dibrugarh) Act, 13 of 1953
    • Assam Embankments and Drainage Act, 1 of 1954
    • Assam Embankment and Drainage Act 1960
    • Assam Embankment (Amendment) Act 1966
    • Assam Farmers Group Irrigation Act 1970
    • Urban Water Supply and Sewerage Board Act (Assam) 1985
    Bihar
    • Bengal Canals Act, 1864
    • Bengal Drainage Act 1880
    • Bengal Embarkment Act, 1882
    • Bengal Embarkments Act 1873
    • Bengal Irrigation Act of 1876
    • Jharia Water-Supply Act, 3 of 1914
    • Bihar Private Irrigation Works Act of 1922
    • Bihar Private Fisheries Protection Act 1935
    • Bihar Public Irrigation and Drainage Works Act, 10 of 1947
    • Bihar Emergency Cultivation and Irrigation Act, 22 of 1955
    • Bihar Lift Irrigation Act of 1956
    • Bihar Irrigation and Flood Protection (Betterment Contribution) Act, 28 of 1959
    • Bihar Irrigation and Field Channel Act 1959
    • Bihar Irrigation Field Channels Act 1965
    • Bihar Land Reforms Laws (Regulating Mines and Minerals) Validation Act, 1969
    • Bihar Irrigation Act 1997
    Goa
    • The G.D.D. Land Revenue Code, 1968
    • Indian Fisheries (Goa, Daman and Diu) Application Act 1970
    • The G.D.D. Marine Fishing Regulation Rules, 1971
    • The G.D.D. Fisheries (Fishing Stakes) Rules, 1971
    • The Water (Prevention and Control of Pollution) Act, 1974
    • The G.D.D. Marine Fishing Regulation Act, 1980
    • The G.D.D. Fisheries Rules, 1981
    • The Goa Fisheries (Amendment) Rules 1982
    • The Electricity Laws (Amendment) Act, 1991
    • The Goa Revision of Tariff for Water Supply and Meter Rent Order, 1992
    • The Goa Marine Fishing Regulation (Relaxation of time limit for registration of vessels) Act, 1993
    • The Goa Fisheries (Amendment) Rules, 1993
    • The Inland Waterways Authority of India (Amendment) Act, 1993
    • The G.D.D. Land Revenue (Record of Rights and Register of Cultivators) (Amendment) Rules, 1993
    • Goa Panchayat Raj Act, 1993
    • The Goa (Brackish Water) Fish Farming Regulation Rules, 1994
    • The Goa Land Revenue Code (Amendment) Act, 1994
    • The Goa [Extension of the Electricity (Supply) Act] Act, 1995
    • Plastics Manufacture Sale and Usage Rules, 1999
    • The Goa (Brackish Water) Fish Farming Regulation Act—date of enforcement of Act 1991 and The Goa (Brackish Water) Fish Farming Regulation Rules, 1994
    • The Goa Revision of Tariff for Water Supply and Meter Rent Order, 1995
    • The Goa Ground Water Regulation Act, 2002
    Gujarat
    • Ferries and Inland Vessels Act Bombay 1868
    • Bombay Irrigation Act, 1879
    • Land Revenue Code, Bombay 1879
    • Indian Forest (Bombay Amendment) Act, 1948
    • Indian Forest (Gujarat Unification and Amendment) Act, 1960
    • Indian Forest (Gujarat Amendment) Act, 1963
    • Water Supply and Sewarage Board Act, Gujarat, 1978
    • Gujarat Municipalities (Cost of Local Cess on Land Revenue and Water Rates) Rules, 1979
    • Gujarat Panchayat Act 1993
    • Gujarat State Disaster Management Act 20 of 2003
    • The Gujarat Water Supply and Sewerage Board (Amendment) Act, 2003
    • The Gujarat Fisheries Act 2003
    • Land Requisition Act, Bombay 1948
    • Special Economic Zone Act, Gujarat 2004
    • Water and Gas Pipelines (Acquisition of Right of User in Land) Act, Gujarat 2000
    Himachal Pradesh
    • Himachal Pradesh Ferries Act, 1956
    • Himachal Pradesh Canal and Drainage Amendment Act 1958
    • Himachal Pradesh Canal and Drainage Amendment Act 1961
    • Himachal Pradesh Canal and Drainage Amendment Act 1963
    • Himachal Pradesh Canal and Drainage Amendment Act 1965
    • Himachal Pradesh Canal and Drainage Amendment Act 1964
    • Himachal Pradesh Water Supply Act 1968
    • Himachal Pradesh Minor Canals Act, 1976
    • Himachal Pradesh Fisheries Act, 1976
    • Himachal Pradesh Fire Fighting Services Act, 1984
    • Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005
    Jammu and Kashmir
    • Jammu and Kashmir State Canal and Drainage Act, 1963
    • Jammu and Kashmir Water Supply Act 1963
    • Jammu and Kashmir Fisheries Act 1960
    • Jammu and Kashmir State Ferries Act 1966
    • Kashmir Valley Embankments Act, 8 of 1992 (1935 AD)
    Karnataka
    • Mysore Game and Fish Preservation Act 1901
    • Mysore Irrigation Act 1932
    • Mysore Irrigation (Levy of Betterment Contribution and Water Rates) Act, 28 of 1957
    • Bangalore Water Supply and Sewerage Act 1964
    • Mysore Irrigation Act, 16 of 1965
    • The Karnataka Irrigation and Certain Other Law (Amendment) Act, 2000—to amend the Karnataka Irrigation Act, 1965
    • Karnataka Irrigation Act 1967
    • Karnataka Water Supply and Drainage Board Act 1973
    • Karnataka Inland Fisheries (Conservation Development and Regulation) Act 1996
    • The Karnataka Ground Water (Regulation for Protection of Sources of Drinking Water) Act, 1999
    • Karnataka State Water Policy, 2002
    • Karnataka Urban Drinking Water and Sanitation Policy, 2002
    • Karnataka Ground Water (Protection and Regulation for Drinking Water) Act 2003
    • Karnataka Municipal Corporations (Water Supply) Rules, 2004
    Kerala
    • Irrigation Cess Act 1865
    • Rivers Conservancy Act 1884
    • The Madras Canal and Public Ferries Act 1890
    • Public Canals and Backwaters Navigation Act 1892
    • Irrigation (Voluntary Cess) Act 1942
    • Irrigation Works (Repairs, Improvement and Construction) Act 1943
    • Irrigation Works (Construction and Levy of Cess) Act 1947
    • Irrigation Tanks (Improvement) Act 1949
    • Irrigation Tanks (Preservation and Improvement) Act 1952
    • Irrigation (Levy of Betterment Contribution) Act 1955
    • Irrigation Act 1956
    • The Travancore-Cochin Irrigation (Amendment) Act, 1957
    • The Travancore-Cochin Irrigation (Amendment) Act, 1963
    • The Kerala Irrigation Works (Execution by Joint Labour) Act, 1967
    • Irrigation Works (Execution by Joint Labour) Act 1967
    • The Kerala Irrigation Works (Execution by Joint Labour) Amendment Act, 1969
    • The Travancore-Cochin Irrigation (Amendment) Act, 1974
    • The Irrigation Laws (Amendment) Act, 1978
    • The Kerala Water Supply and Sewerage Act, 1986
    • The Kerala Water Supply and Sewerage (Amendment) Act, 1993
    • The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001
    • Ground Water (Control and Regulation) Act 2002
    • The Kerala Irrigation and Water Conservation Act, 2003
    • The Kerala Water Supply and Sewerage (Amendment) Act 2005
    • The Kerala Ground Water (Control and Regulation) Amendment Act 2005
    • The Kerala Irrigation and Water Conservation (Amendment) Act 2006
    Madhya Pradesh
    • Madhya Pradesh Irrigation Act, 14 of 1931
    • Rewa States Ferries Act 1935
    • Madhya Pradesh Fisheries Act 1948
    • Madhya Pradesh Regulation of Water Act 1949
    • Madhya Pradesh Land Improvement Scheme Act 1950
    • Madhya Pradesh Land Improvement Schemes Act, 10 of 1958
    • Madhya Pradesh Land Revenue Code, 1959
    • Madhya Pradesh Ferries Act 1980
    • Madhya Pradesh Panchayat Raj Adhiniyam, 1993
    • Madhya Pradesh Sinchai Prabandhan Me Krishakon Ki Bhagidari Adhiniyam, 1999
    • Madhya Pradesh State Water Policy, 2003
    Maharashtra
    • The Bombay Ferries and Inland Vessels Act 1868
    • Bombay Irrigation Act, 7 of 1879
    • Bombay Land Improvement Schemes Act, 28 of 1942
    • The Ferries and Inland Vessels (Unification and Amendment) Act (Bom) 1959
    • Maharashtra Fisheries Act, 1960
    • Maharashtra Marine Fishing Regulation Act 1961
    • Maharashtra Municipalities Act 1965
    • Maharashtra Irrigation Act, 1976
    • Maharashtra Kharland Improvement Act, 1979
    • Maharashtra Groundwater (Regulation for Drinking Water Purposes) Act, 1993
    • Krishna Valley Development Corporation Act, 1996
    • Vidarbha Irrigation Development Corporation Act, 1996
    • Tapi Irrigation Development Corporation Act, 1997
    • Konkan Irrigation Development Corporation Act, 1997
    • Godavari Marathwada Irrigation Development Act, 1998
    • Maharashtra Project-Affected Persons Rehabilitation Act, 2001
    • Maharashtra Irrigation Act 2004
    • Maharashtra Krishna Valley and Konkan Irrigation Development (Amendment and Validation Continuance Act 2004
    • Maharashtra Water Resources Regulatory Authority Act 2005
    • Maharashtra Management of Irrigation Systems by Farmers Act, 2005
    Manipur
    • Manipur Land Revenue and Land Reforms Act 1960
    • The Manipur Fisheries Act, 1988
    Mirzoram
    • The Mizoram Water Supplies (Control) Act, 2004
    • The Mizoram Fisheries Act, 2005
    Meghalaya
    • Electricity (Supply) Act, 1948
    • Tree Preservation Act, 1976
    • Forest Conservation Act, 1980
    • Forest Conservation Rules, 2003
    • Forest (Conservation) Amendment Rules, 2004
    • The Meghalaya Forest Regulation (Application and Amendment) Act, 1973
    Orissa
    • The Bengal Embankment Act 1855
    • The Bengal Embankment Act 1866
    • The Bengal Embankment Act 1882
    • The Bengal Ferries Act 1885
    • The Private Fisheries Protection Act 1889
    • The Bengal Embankment Act 1947
    • The Orissa Public Embankment Construction and Improvement Act 1950
    • Orissa Public Embankment (Construction and Improvement) Act, 13 of 1951
    • The Orissa River Pollution Prevention Act 1954
    • Orissa Betterment Charges Act, 2 of 1956
    • Orissa Irrigation Act, 14 of 1959
    • The Orissa Marine Fisheries Regulation Act 1980
    • The Orissa Pani Panchayat Act, 2002
    • Orissa State Water Policy, 2007
    Punjab and Haryana
    • Northern India Canal and Drainage Act, 8 of 1873
    • Punjab Land Revenue Act 1887
    • Punjab Riverine Boundaries Act 1899
    • Punjab Minor Canals Act, 3 of 1905
    • Punjab Fisheries Act, 1914
    • Punjab Betterment Charges and Acreage Rates Act, 2 of 1953
    • The Punjab Betterment Charges and Acreage Act 1953
    • Punjab State Tube-well Act, 21 of 1954
    • The Haryana Canals and Drainage Act 1974
    • Punjab Water Supply and Sewerage Board Act, 1976
    • Haryana Municipal Corporation Act, 1994
    • Haryana Special Economic Zones Act, 2005
    Rajasthan
    • Rajasthan Fisheries Act 1953
    • Rajasthan Lands Special Irrigation Charges Act, 25 of 1953
    • Rajasthan Minor Irrigation Works Act, 12 of 1953
    • Rajasthan Irrigation and Drainage Act, 21 of 1954
    • Control of Water Pollution from Agriculture Act 1996
    • The Rajasthan Farmers' Participation in Management of Irrigation Systems Act, 2000
    Sikkim
    • Regulation on Holding of Land 1924
    • Prohibition of Washing Clothes, Utensils and Tying of Horses, Mules, etc., in Bazaar Compound 1946
    • Ban on Cultivating New Land 1948
    • Revenue Administration 1949
    • Prohibition from Bathing and Washing of Cloths, Utensil, and Other Dirty and Offensive Things in the Bazaar Premises 1954
    • Department of Irrigation & Flood Control had been Entrusted the Responsibilities as per allocation of Business Rules 1994
    Tamil Nadu
    • Madras City Land Revenue Act 1851
    • The Madras Compulsory Labour Act 1858 (Central Act 1 of 1858)
    • Madras Irrigation Cess Act, 7 of 1865
    • The Tamil Nadu Canal and Public Ferries Act 1889
    • T.N. Land Encroachment Act 1905
    • The Tamil Nadu Irrigation Cess Amendment Act 1913
    • Fisheries Act 1927
    • Bhavani Reservoir Irrigation Cess Act, 16 of 1933
    • Periyar Irrigation Tanks (Preservation) Act, 5 of 1934
    • The Tamil Nadu Irrigation Cess Act 1940
    • Madras Irrigation (Voluntary Cess) Act, 13 of 1942
    • Madras Irrigation Works (Repairs, Improvement and Construction) Act, 18 of 1943
    • The Tamil Nadu Irrigation Act 1945
    • Irrigation Works (Construction and Levy of Cess) Act, 7 of 1947
    • The Tamil Nadu Marine Fishing and Regulations Act 1948
    • Madras Irrigation Tanks (Improvement) Act, 19 of 1949
    • Mettur Canal Irrigation Cess Act, 17 of 1953
    • Madras Irrigation (Levy of Betterment Contribution) Act, 3 of 1955
    • Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 25 of 1959
    • Madras Land Improvement Schemes Act, 31 of 1959
    • The Tamil Nadu Irrigation Act 1963
    • Madras (Additional Assessment and Additional Water-Cess) Act of 1963
    • Madras Land Revenue and Water Cess (Surcharge) Act, 34 of 1965
    • Tamil Nadu River Conservancy Act 1884 amended in 1969
    • The T.N. Water Supply and Drainage Board Act 1971
    • Tamil Nadu Irrigation Cess Act 1865 modified in 1980
    • The Madras Metropolitan Water Supply and Sewerage Act 1987
    • The Madras Metropolitan Area Groundwater (Regulation) Act 1987
    • Tamil Nadu Panchayat Act 1958 amended in 1997
    • Tamil Nadu Additional Assessment and Additional Water Cess Act 1963
    • The Tamil Nadu Marine Fishing Regulation Act 1980
    • T.N. Irrigation (Levy of Betterment Contribution Amendment) Act 2000
    • The Tamil Nadu Farmers Management of Irrigation Systems Act, 2000
    • Provision of Rain Water Harvesting Structure—Tamil Nadu Municipal Laws (Second Amendment) Ordinance, 2003
    • The Tamil Nadu Ground Water Regulation Act 2005
    Uttar Pradesh and Uttarakhand
    • Northern India Canal and Drainage Act, 8 of 1873
    • Jharia Water Supply Act 1914
    • Uttar Pradesh Minor Irrigation Works Act, 1 of 1920
    • United Provinces Private Irrigation Works Act, 2 of 1920
    • Cantonments Act, 1924
    • Kumaun Water Rules 1930
    • United Provinces State Tube-wells Act, 12 of 1936
    • Uttar Pradesh Panchyat Raj Act, 26 of 1947
    • United Province Fisheries Act 1948
    • Uttar Pradesh Irrigation (Emergency Powers) Act 1950
    • U.P. Zamindari Abolition and Land Reforms Act 1951
    • The Closing of Canals Act 1959
    • Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act 1960
    • Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 33 of 1961
    • U.P. Soil and Water Conservation Act, 1963
    • The Kumaon and Garhwal Water (Collection, Retention and Distribution) Act, 1975
    • Uttar Pradesh Water Supply and Sewerage Act 1975
    • The Uttaranchal Panchayati Rules 2005
    West Bengal
    • Calcutta Land Revenue Act 1850
    • Bengal Ferries Act 1855
    • Bengal Embankments Act, 1855
    • Calcutta Land Revenue Act 1856
    • Bengal Canals Act, 5 of 1864
    • Bengal Embankments Act, 1866
    • Bengal Embankments Act, 6 of 1873
    • Bengal Irrigation Act, 3 of 1876
    • Bengal Drainage Act, 6 of 1880
    • Bengal Embankment Act, 2 of 1882
    • Bengal Private Fisheries Protection Act 1889
    • Bengal Embankments Act, 1895
    • Bengal Sanitary Drainage Act 1895
    • Bengal Embankment (Sunderbans) Act, 4 of 1915
    • Bengal Embankments Act, 1915
    • Bengal Agriculture and Sanitary Improvement Act 1920
    • Bengal Development Act, 16 of 1935
    • Bengal Tanks Improvement Act, 15 of 1939
    • West Bengal Closing of Canals Act, 1959
    • West Bengal Irrigation (Imposition of Water Rates) Act, 26 of 1959
    • Bengal Fisheries Regulation and Acquisition Act 1965
    • The Calcutta Metropolitan Water Supply and Sanitation Authority Act 1978
    • West Bengal Inland Fisheries Act, 1984
    • West Bengal Ground Water Resource (Management, Control and Regulation) Act, 2005
    Delhi
    • Delhi Jal Board Act 1998
    • Delhi Water and Waste Water Reforms Bill 2003
    Lakshwadeep
    • Land Revenue and Tenancy Regulations 1965

    About the Editor and Contributors

    The Editor

    Ramaswamy R. Iyer, formerly Secretary, Water Resources, in the Government of India, was Research Professor at the Centre for Policy Research (CPR), New Delhi, where he worked on water-related issues, and in particular on cooperation on river waters by India, Nepal and Bangladesh (1990–99). He continues in CPR in an honorary capacity. He has been a member of many government committees and commissions, including the National Commission on Integrated Water Resources Development Plan (1997–99), and is the Chairman of a Task Force on Natural Resources, Environment, Land, Water and Agriculture, set up by the Commission on Centre–State Relations. From time to time, he has undertaken consultancy assignments for the World Bank; the World Commission on Dams (WCD); the International Water Management Institute, Colombo; United Nations Development Programme (UNDP), New Delhi; the European Commission; and others. He is currently (from August 2007) a Member of the UNSGAB High Level Expert Panel on Water and Disaster, an adjunct to the UN Secretary-General's Advisory Board on Water and Sanitation. He has published numerous articles and papers, and has authored the following books: A Grammar of Public Enterprises (1991); Water: Perspectives, Issues, Concerns (2003); Towards Water Wisdom: Limits, Justice, Harmony (2007). He has edited/co-edited Harnessing the Eastern Himalayan Rivers (1993); Converting Water into Wealth (1994); Mid-Year Review of the Economy 1993–94.

    The Contributors

    Upendra Baxi is currently Professor of Law at the University of Warwick. He has served as Vice-Chancellor of the South Gujarat University (1982–85) and the University of Delhi (1990–94.) His most recent publications are The Future of Human Rights (3rd edn, 2008) and Human Rights in a Posthuman World: Critical Essays (2007).

    Philippe Cullet, a Reader in Law at the School of Oriental and African Studies (SOAS), teaches law related to the environment, natural resources and intellectual property. He is also the Programme Director at the International Environmental Law Research Centre (http://IELRC.org), and the Editor-in-Chief of the Journal of Law, Environment and Development (http://LEAD-journal.org). He studied law at the University of Geneva and King's College, London (LLM), received an MA in Development Studies from SOAS and his doctoral degree in International Environmental Law from the Stanford Law School, Stanford University. His current research interests include biodiversity, bio-safety, global warming, water as well as the socio-economic aspects of intellectual property protection.

    Radha D'Souza is a Reader in Law at the University of Westminster, London. Her research interests include water conflicts, law and development, colonialism and imperialism, socio-legal studies in the ‘Third World’ and global social justice. She teaches Law and Development and has previously taught Sociology, Development Studies and Human Geography besides Public Law and Legal Theory. Earlier, she practised as barrister at the High Court of Mumbai.

    DHAN Foundation is a development organisation working towards bringing significant changes in the lives of the poor through innovative themes. It runs several field programmes and activities to help the poor.

    Their Tank-fed Agriculture Development Programme aims at rebuilding the small-scale reservoirs spread across the countryside for benefiting smallholder agriculture and providing access to drinking water. DHAN's experimentation projects and activities are on making rain-fed agriculture more remunerative, enabling information technology to serve the poor and democratising the Panchayats through local action.

    The salience of the programmes of DHAN are placing high quality human resources to work with the poor and organising them into self-managed groups to avail their entitlements and run their services on a cooperative and self-help basis. DHAN always works in collaboration with individuals and organisations, including the government and businesses. DHAN Foundation has promoted India's largest and most innovative community banking programme, serving the financial needs of about 650,000 poor people with a cumulative portfolio of about $100 million in Southern and Central India through its network of over 189 offices and 651 full-time staff, most of whom have professional qualifications.

    Shyam Divan was educated at Bombay and Berkeley. He is a Senior Advocate and practices at the Supreme Court of India. He is the co-author of Environmental Law and Policy in India (2001).

    Bharath Jairaj is a lawyer from the National Law School of India University, Bangalore and a former Indian Visiting Environmental Law Fellow at the Pacific Environment Resource Center, San Francisco, USA. Bharath's principal interests are in law and developmental policy, specifically in the fields of environment protection and consumer protection. He joined Citizen Consumer and Civic Action Group (CAG) in 1997, and works on policy analysis and research issues, apart from guiding the overall direction of the group. Prior to joining CAG, he was part of the legal team in a leading environment group in Delhi.

    K.J. Joy has a Master's degree in Social Work from the Tata Institute of Social Sciences, Mumbai. He has been an activist-researcher for more than 20 years and has a special interest in people's institutions for natural resource management both at the grassroots and policy levels. His other areas of interests include drought and drought-proofing, participatory irrigation management, river-basin management and multi-stakeholder processes, watershed-based development, water conflicts and people's movements. He has worked with Bharat Gyan Vigyan Samithi (BGVS), New Delhi, on its watershed development and resource literacy programme. He was a Visiting Fellow with Centre for Interdisciplinary Studies in Environment and Development (CISED), Bangalore for a year and was a Fulbright Fellow with the University of California at Berkeley.

    He has co-authored several books, including Sustainable Technology: Making Sardar Project Viable; Banking on Biomass: A New Strategy for Sustainable Prosperity Based on Renewable Energy and Dispersed Industrialisation; Watershed Based Development: A Source Book; Panlot Kshetra Vikasachya Navya Disha: Sadhan Saksharata, Shashvat Vikas, Samanyayi Vatap (Marathi); and has co-edited the book Water Conflicts in India: A Million Revolts in the Making.

    Farhana Z. Khan is currently a fourth year B.A., B.L (Hons) Degree student at the School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University, Chennai, India. Besides excelling in her studies, Farhana is also proficient in sports and dramatics.

    Kanchi Kohli is a social and environmental activist who has been working on environment and forest clearance issues, and their impact on the local communities and the biodiversity of the affected area for the past nine years. After obtaining her degree in social work, she proceeded to work in the Uttara Kannada district of Karnataka for two years where she worked with local NGOs on issues related to the impact of development projects on the environment and the local community. In 2000, she moved to New Delhi and has been an active member of the organisation Kalpavriksh Environmental Action Group (KV). As part of KV, she has been central to the Campaign on Environment Clearance of Development Projects and the Campaign on Biodiversity. Writing and disseminating information are key components of Kanchi's work. She writes regularly in the mainstream newspapers and magazines as well as websites. She has contributed to four publications related to environment and forest clearance of development projects, the special issue of Ecologist Asia on Dams in the North East titled ‘Large Dams in North East India: Rivers, Forests, People and Power’ (2003) and ‘Eleven Years of Environment Impact Assessment Notification, 1994: How Effective Has It Been?’ She has also compiled a book, Understanding the Biological Diversity Act: A Dossier. While she continues to be part of Kalpavriksh, she is independently coordinating the Forest Case Update in partnership with Ritwick Dutta.

    Kuntala Lahiri-Dutt is currently a Fellow at the Resource Management in Asia Pacific Program at The Australian National University, where she teaches a full course on gender and development at the Masters level. Kuntala has set up a Gender Water Network and is a member of the Steering Committee of Gender Water Alliance. She has written widely about water resources, and has guest edited ‘Water for People’ the special issue of the journal Development. Trained as a human geographer from Calcutta University, Kuntala has been closely associated with local-level movements working on water and related environmental issues in the Lower Damodar Valley region of West Bengal, India.

    She has been a member of SAARC Track III initiatives in water resource management, and a resource person for Panos Institute's flood enquiry project in the waterlogged Kosi plains of North Bihar. Kuntala also teaches and conducts research on the social impacts of and community development in mining areas. She has written several papers and books, and her recent publications include an edited volume, Fluid Bonds: Views on Gender and Water (2006) and Women Miners in Developing Countries: Pit Women and Others, jointly edited with Martha Macintyre (2006). One of her interests is the subaltern rickshaw art, forthcoming as a book, Moving Pictures: The Rickshaw Art of Bangladesh.

    Roopa Madhav, a Research Fellow at the International Environmental Law Research Centre, holds an LLM from New York University and a BA/LLB from the National Law School of India University, Bangalore. She has been a visiting faculty at the National Law School, has worked with trade unions, and was the President and Founder Member of the Alternative Law Forum, Bangalore. Her research interests include labour law, human rights, environmental law and water law.

    Manju Menon, a member of Kalpavriksh, studies the implementation of and changes in environment laws and policies specifically the environment clearance regime in India. She has helped local groups respond to the environment clearance (EC) procedures and campaigns to address the loopholes in these procedures. Apart from work at the national level, her specific regional focus has been to highlight the environmental and social impacts of the large hydropower projects proposed in North-East India. For the preparation of the Eleventh Five-Year Plan, she served on the Planning Commission's Task Force on Governance, Transparency, Participation and EIAs. Manju writes regularly in the popular media and academic journals on the above issues.

    Dinesh Kumar Mishra, is a graduate in Civil Engineering from Indian Institute of Technology (IIT) Kharagpur, an M. Tech in Structural Engineering, from IIT Kharagpur and Ph.D. from South Gujarat University. Based at Jamshedpur, he has been working on the flood issue in the Ganga– Brahmaputra Basins since 1984, and has written many books on the rivers of North Bihar. He has published over 60 articles in various journals, and is currently writing a book on the River Bagmati of Nepal/Bihar.

    T.N. Narasimhan is a geologist. He has specialises in hydrogeology and water resources. After 14 years with the Ground Water Division of the Geological Survey of India, he went on to obtain a Ph.D. in Geological Engineering from the University of California at Berkeley. He has been on the faculty of the University of California since 1977, and is also a senior scientist of the Lawrence Berkeley National Laboratory. Now retired, Narasimhan's interest in water includes science and engineering aspects, and human aspects such as history, philosophy and law. He actively publishes on these topics in archival journals and elsewhere.

    Fali S. Nariman is a Senior Advocate of the Supreme Court of India and President of the Bar Association of India. He appeared as Lead Counsel for the Government of Maharashtra before the Narmada Water Disputes Tribunal (from 1971–79). He appeared (from 1990 onwards) as Lead Counsel for the Government of Karnataka before the Cauvery Water Disputes Tribunal. He is currently appearing as Lead Counsel for the State of Karnataka before the Krishna Water Disputes Tribunal.

    Suhas Paranjape has a B. Tech (Chem.) from the Indian Institute of Technology Bombay. Has actively participated in different movements like the People's Science Movement, Adivasi agricultural labourers' movement, etc. He has participated as a core team member and consultant in many action research studies and pilot projects undertaken by the Centre for Applied Systems Analysis in Development (CASAD) and the Society for Promoting People's Participation in Ecosystem Management (SOPPECOM), Pune, in the areas of participatory management of natural resources especially in the field of participatory irrigation management. From 1996–99 he worked as a core team member of the Bharat Gyan Vigyan Samiti (BGVS) in its watershed development project across the country. He was a Visiting Fellow with CISED, Bangalore, for a year.

    He has co-authored Sustainable Technology: Making Sardar Project Viable; Banking on Biomass: A New Strategy for Sustainable Prosperity Based on Renewable Energy and Dispersed Industrialisation; Watershed Based Development: A Source Book; Panlot Kshetra Vikasachya Navya Disha: Sadhan Saksharata, Shashvat Vikas, Samanyayi Vatap (Marathi); Sustainable Prosperity: Sustaining and Enabling Natures Productive Powers; Water: Sustainable and Efficient Use; Striya Ani Pani: Badalte Natesambandh (Marathi) and Community-based Natural Resource Management: Issues and Cases from South Asia. He has co-edited the book Water Conflicts in India: A Million Revolts in the Making.

    Tony George Puthucherril, J.S.D. Candidate Dalhousie Law School, Canada, holds an M. Phil in Water Resources Law from National University of Juridical Sciences (NUJS). He has also taught there. He was the editor of the special issue of the Indian Juridical Review (2004) on Water Law. During his stint as Research Fellow and later as Assistant Professor in the National Judicial Academy, he coordinated the national seminar on ‘Water and Energy Law’ for High Court Justices in addition to several training programmes for the judiciary on Environmental Law, which had significant components on water-related legal issues. He has several national and international publications to his credit.

    Kamala Sankaran teaches at the Campus Law Centre, Faculty of Law, University of Delhi. She has been Research Professor at the Indian Law Institute, Visiting Scholar on a Fulbright fellowship at the Georgetown University Law Center, Washington D.C., and was earlier at the Faculty of Law, Jamia Millia Islamia, New Delhi. Her research interests include international labour standards, constitutional law, and gender and the law. She has authored the volumes on Employment Law (Unorganized Labour) and Industrial Law' of the Halsbury's Laws of India and has co-edited Towards Legal Literacy: An Introduction to Law in India.

    K.C. Sivaramakrishnan is Honorary Visiting Professor and Chairman, Governing Board at the Centre for Policy Research, New Delhi. He has also been Senior Fellow, Institute of Social Sciences since 2003.

    After joining the Indian Administrative Services (IAS) in 1958 and holding various assignments in West Bengal, he moved to Delhi in 1985 in the Ministry of Environment. In 1988, he became Secretary in the Ministry of Urban Development.

    After his retirement from the IAS in 1992, Sivaramakrishnan joined the World Bank as Senior Advisor, Urban Management. Since his return to the country in 1996, Sivaramakrishnan has been associated with the Centre for Policy Research and the Institute of Social Sciences, New Delhi.

    Trained in economics, political science and law, he has authored several books and papers on urban management, decentralisation, electoral reforms and the environment.

    Himanshu Thakkar, an engineer from Indian Institute of Technology Mumbai, is currently coordinator of the South Asia Network on Dams, Rivers & People, and editor of Dams, Rivers & People. In the past he has been associated with the Narmada Bachao Andolan, Centre for Science and Environment, and the World Commission on Dams.

    Paritosh C. Tyagi is a civil engineer specialising in Public Health Engineering. He was an employee of the Local Self-Government Engineering Department of the State of Uttar Pradesh and worked on secondment in the Planning Commission, Water Department, Republic of Kenya and the Asian Development Bank. He also worked as Chairman of the Uttar Pradesh Pollution Control Board and the Central Pollution Control Board of the Government of India.

    Since 1990, Mr Tyagi has been working as an individual consultant on short-term assignments related to environmental management, water supply and sanitation.

    Videh Upadhyay is an advocate and a legal consultant specialising in Development and Natural Resources Law. He practices in Delhi and has been a legal consultant to the Union Ministry of Environment and Forests, UNDP, World Meteorological Organization, Department for International Development (DFID), University of Cambridge, University of Birmingham, NIRD, amongst others. He has drafted legislations on specific aspects of water and irrigation laws for State Governments and provides regular legal advice to civil society organisations. He has been a Visiting Fellow, Centre for Law and Governance, Jawaharlal Nehru University, and an India Visiting Fellow at the Goldengate University, San Francisco and at the University of California, Berkeley. His books include Public Interest Litigation in India: Concepts, Cases, Concerns (2007), Public Interest Litigation (2005) and the three-volume Forest Laws, Wildlife Laws and Environment; Water Laws, Air Laws and Environment and Environment Protection, Land and the Energy Laws (co-authored).

    A. Vaidyanathan, former member of Planning Commission, currently Honorary Fellow of the Centre for Development Studies, Thiruvananthapuram, has researched the economic, social and institutional aspects of water resource management. His published works include Water Resource Management (1999), Tanks of South India and India's Water Resources (2006). He has co-edited Managing Water Scarcity (2003).

    M.S. Vani is a research and development professional working with the Law and Governance Programme of the Development Centre for Alternative Policies, New Delhi. With an extensive background of grassroots experience in rural development in association with non-governmental organisations, she currently specialises in research, advocacy and training on Natural Resources Law and Policy, working with rural communities and civil society organisations on governance reform. She has also been associated with national and State Governments, international and bilateral agencies in the capacity of consultant.

    Case Index

    • 1957 MPC 588: 1957 MPLJ 665: AIR 1958 Madh Pra 153. 444fn
    • A. Venkata Reddy v. State (1953) CriLJ 520 (Mad) 10 and fn
    • Abbasali Hasanali Peerjade v. Shaikh Munir Shaikh Dagu AIR 1953 Bom. 305., 109fn
    • Acton v. Blundell 12 M. & W. 324 [1843] cited in F. Peacock. 445fn
    • Ah Li v. U San Baw AIR 1939 Ran. 446., 112fn
    • AIR 1978 Orissa 211: (1978) 46 Cut LT 52: ILR (1978) 1 Cut 577: (1978) 1 Cut WR 348 (DB). 444fn
    • Annapurnabai Gopal v. Govt. of Bombay AIR 1946, Bom. 204. 105fn
    • A.P. Pollution Control Board v. Prof. M.V. Nayadu I&II (1999) 2 SCC 718, (2001) 2 SCC 62. 26fn, 104fn, 402fn
    • Arizona v. California (1963), 376 US 340 = 11 L Ed. 2d 757 (1964). 41fn
    • Arundhati Roy case, AIR 2002 SC 1375., 75 and fn
    • Athirappally Grama Panchayat v. Union of India and Ors. W. P. (C) 9542, 11254 and 260763 of 2005. 366fn
    • Athirappally Grama Panchayat v. Union of India, judgement of the Kerala High Court dated 23 March 2006 in W. P. (C) Nos. 9542, 11254 and, 260763/2005. 405fn
    • Attakoya Thangal v. Union of India 1990 (1) K.L.T. 580. 443
    • B.D Sharma v. Union of India 1992 Supp (3) SCC p. 93 at p. 94 para 2. 71 and fn, 75, 408fn
    • Babaji Ramaling Gurav v. Appa Vithavja Sutar AIR 1924 Bom. 154. 115fn
    • Baldev Singh v. State of H.P. 2006 (3) Shim LC 135. 405 and fn
    • Bela Singh v. Bali Ram AIR 1923 Lah. 257, 258 112fn
    • Bheemagiri Bhaskar v. Revenue Divisional Officer, Bhongir AIR 2001 AP 492, 497. 117fn
    • Cauvery Water Disputes Tribunal, In re:, 19fn, 25
    • Centre for Social Justice v. Union of India, AIR 2001 Guj 71. 404fn
    • Chalakudy Puzha Samrakshna Samithy ‘Chaithanya’ v. State of Kerala, judgement of the Kerala High Court dated, 17 October 2001 in O.P. 3581/2001., 404fn
    • Chasemore v. Richards 7 H. C. L. Cas 349 [1860]. 445fn
    • C. Kenchappa v. State of Karnataka 2000 (4) KAR LJ 1. 404fn
    • C.S. Kappuraj v. State of Tamil Nadu, Writ Petition (C) No. 33493 of 2003 order dated 19 April 2004 of the Madras High Court. 394 and fn
    • Collector of Nasik v. Shamjim Indian Law Reports (1883) 7 Bombay 209. 139fn
    • Collector of Panchmahals v. Desai Keshavlal Panalal AIR 1969 Guj. 276. 103fn
    • C.N. Marudhanayagam Pillai v. Secretary of State for India M.L.J. 939: 176. 484
    • C.V. Muthuvelas Velappan v. K.V. Narayanan Nair AIR 1964 Ker. 252., 110fn
    • Connecticut v. Massachusetts 282 US 660, 670 (1931) 46 and fn
    • C. Sankareswaran & R. Arunagiri v. The Commissioner, Land Ceiling and Land Reforms in the High Court of Madras (Madurai Bench) W.P. (MD) Nos., 3536 of 2005 & 943 of 2006. 130fn
    • CWDT Reference: Re: Cauvery Water Disputes Tribunal AIR 1992 SC p. 522., 68 and fn
    • D.L.F. Universal Ltd. v. Prof. Lakshmi Sagar (1998) 7 SCC 1. 103fn
    • Debi Pershad Singh v. Joynath Singh I.L.R., 24, Cal. 865, 874. 109fn
    • Dehradun Quarrying case 443
    • Delhi Water Supply & Sewage Disposal Undertaking and Another v. State of Haryana (1996) 2 SCC 572. 117 and fn, 259 and fn
    • Dr. K. Anantha Bhat v. K.M. Ganapathy Bhatta AIR 1981 Ker. 102. 110fn
    • Duraiswamy Udayar v. Venkatachala Reddiar AIR 1960 Mad. 385. 113fn
    • Emani Lakshminarasu Avadhanulu v. Secy. of State AIR 1919 Mad. 1152. 105 and fn
    • Embrey and Another v. Owen 6 EX.353 and The Magistrates of Linlithgow v. Elphinstone, 3 Kames' Division, p. 331, cited in Embrey v. Owen 361, 362. 104fn
    • Emperor v. Nama Rama (1904) VI Bom LR 52. 10fn
    • First SYL Canal case: State of Haryana v. State of Punjab AIR 2002 SC 685 para, 11, page 697. 65fn
    • First SYL Canal case: State of Haryana v. State of Punjab AIR 2002 SC 685 p. 699 para 14. 81 et seq
    • Fischer v. Secretary of State. 6fn, 136
    • Forum for a Better Hyderabad (Confederation of Voluntary Organizations of Hyderabad) v. Govt. of A.P. 2001 (4) ALT 275. 130fn
    • Forum for a Better Hyderabad (Confederation of Voluntary Organizations of Hyderabad) v. Government of A.P., 2004 (1) ALT 500. 403fn
    • Frazier v. Brown 1861. 551
    • Gandhi Sahitya Sangh Trust v. Union of India, decided by the Supreme Court on 26 October 2004 by a 2-judge bench. 27fn
    • Gandhi Sahitya Sangh v. Union of India and Ors (2003) 9 SCC 356, 3-judge Bench. 27fn, 29
    • Harihar Mahapatra v. Hari Otha AIR 1950 Ori. 257. 108fn
    • Hinch Lal Tiwari v. Kamala Devi and other (AIR 2001) 493
    • Hindustan Coca-Cola Beverages (P) Ltd. v. Perumatty Grama Panchayat 2005 (2) KLT 554. 130fn
    • Hindustan Coca-Cola Beverages (P) Ltd. v. Perumatty Grama Panchayat Writ Appeal No. 2125 of 2003, W.A. No., 215 of 2004, W.A. 1962 of 2003 and W.A. No. 12600 of 2004, 7 April 2005., 517 and fn
    • In Re: Networking of Rivers 2002 (8) SCALE, 195; In Re: Networking of Rivers 2003 (1) SCALE 2. 126fn
    • In the Matter of: Cauvery Water Disputes Tribunal 1993 Supp. (1) SCC 96 (II) 139. 99fn
    • Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212., 104fn
    • Indian Council for Enviro-Legal Action v. Union of India ILR 1997 KAR 2956., 403fn
    • Intellectual Forums case (Intellectuals Forum, Tirupathi v. State of Andhra Pradesh) AIR 2006 SC 1350. 9 and fn
    • Intellectuals Forum, Tirupati v. State of A.P. AIR 2006 SC 1350. 129fn
    • J.R. Parashar, Advocate & Ors. v. Prashant Bhushan & Ors. AIR 2001 SC 3395., 74 and fn
    • Javed v. State of Haryana (2003) 8 SCC 369., 121 and fn
    • Judgement in the matter of Athirappally Grama Panchayat v. Union of India and Ors. W.P.(C) 9542, 11254 and 260763 of 2005. 385fn
    • Kanpur Municipality's case (1988) 1 SCC 471. 101fn
    • Kansas v. Colorado 206 US 46 (1907) at pp. 97–98. 46 and fn, 48
    • Karjan Jalasay Yojana Assagrasth Sahkar Ane Sangharsh Samiti v. State of Gujarat AIR 1987 SC 532. 407 and fn
    • Karnataka Industrial Area Development Board v. C. Kenchappa (2006) 6 SCC 371. 404fn
    • Kaw La v. Maung Ke (1916) 3 AIR LB. 90. 109fn
    • Krishna Ayyar v. Venkatachala Mudali 7 M.H.C.R. 60. 139fn
    • L. Krishnan v. State of Tamil Nadu AIR, 2005, Mad. 311. 111fn
    • Lachuma Goundan v. Pandiappan, 1950, M.L.J. 658. 485
    • Lachuma Goundan, son of Pachiappa Goundan v. Pandiyappan alias Annamalai Goundan AIR 1951 Mad. 679. 124fn
    • M. & S.M. Railway Company v. Maharaja of Pithapuram AIR 1937 Mad 703. 10fn
    • M. Kanna v. T. Chathu 1973 KLT 124., 108fn
    • M.C. Mehta (II) v. Union of India (1988) 1 SCC 471. 103fn
    • M.C. Mehta v. Kamal Nath (Span Motels) case (1997) 1 SCC 388, 389, 413. 9 and fn, 128 and fn, 129, 259 and fn, 587fn
    • M.C. Mehta v. Union of India (1987) 4 SCC 463. 103fn
    • M.C. Mehta v. Union of India (1988) 1 SCC 471. 103fn
    • M.C. Mehta v. Union of India (1997) 11 SCC 312. 19fn
    • M.C. Mehta v. Union of India. AIR 1988 SC 1115, 1126. 118 and fn
    • M.P. Rambabu v. District Forest Officer., 130fn
    • Madras v. Mohammad Ghani AIR 1959 Mad. 464. 139fn
    • Mahankali Lakshmiah v. Karnam Narayanappa 34 M.L.J. 425 (1918)., 123fn
    • Maharaja of Pittapuram v. Province of Madras AIR 1909 Privy Council 3., 138fn
    • Mahomedans of Lonar v. Hindus of Lonar AIR 1945 Nag. 106. 114fn, 115
    • Malayam Patel Basavana Gowd v. Lakka Narayana Reddi AIR 1931 Mad. 284., 114fn, 124fn
    • Manturabai v. Ithal Chiman AIR 1954 Nag., 103, 104. 115fn
    • McCartney v. Londonderry and Lough Swilly Railway (1904) A.C. 301, 307., 107fn
    • Medarametla Seshareddy v. Korrapati Gopala Reddy AIR 1987 AP 1. 123 and fn
    • Mrs. Susetha v. State of Tamil Nadu AIR, 2006, SC 2893. 111fn
    • Mullaperiyar Environmental Protection Forum v. Union of India AIR 2006 SC, 1428, 3 SCC 643. 27fn, 99fn, 403fn
    • N. Arivudai Nambi v. State of Tamil Nadu AIR 1990 Mad 240. 11fn, 111fn
    • N. Sankappa Shetty v. State of Karnataka ILR 1992 Kar. 2529. 124fn
    • N.D. Jayal v. Union of India (2004) 9 SCC 362. 408fn
    • Nagina Singh v. Malhi, AIR 1921 Lah. 286, 287. 105fn
    • Narasimuhulu v. Bhadrayya AIR 1933, Mad. 10. 111fn
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    • Parambikulam Aliyar Project Assn. v. State of Tamil Nadu, AIR 1999 SC 3092., 7 and 7fn
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    • Perumatty Grama Panchayat v. State of Kerala 2004(1) KLT 731. 130fn
    • Ponnuswamy v. The State of Tamil Nadu through the District Collector of Ramanathapuram District and the District Collector of Kamarajar District (2000) 4 MLJ 122. 122–3 and fn
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    • Ramachandra v. Narayanasami I.L.R. (1893), 16 Mad. 333. 139fn
    • Ramsewak Kazi v. Ramgir Choudhury, AIR, 1954, Pat. 320. 105fn
    • Ranganathan and another v. Union of India and others 6 SCC p. 26. 69 and fn
    • Ravi, S. P. and Ors v. State of Kerala and Ors. O.P. No. 3581 of 2001. 366fn
    • Research Foundation for Science Technology and Natural Resource Policy v. Union of India (2007) 11 SCALE 75. 403fn
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    • Rural Litigation and Entitlement Kendra v. State of UP, WP 8209 & 8821 of 1983 (1985.03.12) 473
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    • Secretary of State v. Ambalavana Pandara Sannadhi AIR 1914 Mad 552. 11fn, 109fn
    • Secretary of State v. Nageswara Iyer AIR (1936) Mad. 923 at p. 926. 123fn, 138 and fn, 484
    • Secretary of State v. Palaniyappa Pillai 41 Indian Cases 24 (1917). 138 and fn
    • Secretary of State v. Sannidhiraju Subbarayadu AIR 1932 PC 46, 49. 11fn, 102fn
    • Secy. of State v. Kattari Nagayya Kama Rajendra Ramaswami Kamya Naicker Zamindar of Saptur AIR 1938 Mad., 180, 182. 108fn
    • Secy. of State v. Kannepalli Jankiramayya AIR 1914 Mad. 534. 105 and fn
    • Sethuramalinga Ayyar v. Ananda Padayachi. AIR 1934 Mad. 583, 585. 108fn
    • Shanmugavel Goundar v. Venkitaswami Asari, AIR 1936 Mad 202. 10 and fn
    • Special Reference No. 1 of 2001, In re: (2004) 2 SCC 489. 27fn
    • Sree Rajah Venkatadri Appa Rao Bahadur Zamindar Garu v. Morivineni Seetharamayya AIR 1938 Mad. 816, 818. 110fn
    • Sri Vuppalapati Suryanarayaneswara Jogi Jagannadharaju v. Rajah of Vizianagaram AIR 1937 Mad. 310, 311. 108fn
    • State of Andhra Pradesh v. State of Karnataka AIR 2001 SC 1560. 77 and fn, 78, 79, 80
    • State of Bombay v. Laxman Sakharam Pimparkar (1960) 62 BOMLR 106., 107fn
    • State of Haryana v. State of Punjab (2004), 12 SCC 673, para 77, 2-judge bench., 28fn
    • State of Haryana v. State of Punjab I & II (2002) 2 SCC 507, (2004), 12 SCC 673. 99fn
    • State of Karnataka v. State of Andhra Pradesh (2000) 9 SCC 572, 710. 51fn, 117fn, 131
    • State of Karnataka v. State of Andhra Pradesh AIR 2001 SC 1560. 8fn, 99fn
    • State of Karnataka v. UOI 1977 (4) SCC 608 at page 648. 49fn
    • State of Madras represented by the District Collector, Tirunelveli v. S.K.S.O. Muhammed Ghani Tharoganar AIR, 1959 Mad. 464. 110fn
    • State of Madras v. Krishnasawmi Ayyangar (1959), 2 Mad. L.J. 127. 111fn
    • State of Maharashtra & Others v. B. Atmaram Sadashiv Dongarwar & Others (Madhya Pradesh Law Journal, 1979, p. 1). 192
    • State of Tamil Nadu and Ors v. State of Karnataka and Ors, 1991 Supp (1) SCC 240. 25 and fn
    • Subhash Kumar v. State of Bihar AIR 1991 SC 420 424. 117fn, 443
    • Subraya Bhatta v. Lingappa Gowda. AIR, 1973 Kant. 171. 106 and fn
    • T.N. Godavarman Thirumulkpad v. Union of India and Environmental Awareness Forum, Jammu and Kashmir v. State of Jammu and Kashmir (Godavarman case) 370 T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228; AIR 1998 SC 769. 411fn
    • Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappu Sangam v. Union of India. (1990) 3 SCC 440. 29 and fn 99fn
    • Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Sangam v. Union of India AIR 1990 SC 1316. 58 and fn, 66fn
    • Tata Iron & Steel Co. Ltd. v. State of Bihar, 2004 (3) BLJR 1948. 102fn, 123fn
    • Tehri Bandh Virodhi Sangharsh Samiti v. State of U.P., (1992) Supp (1) SCC, 44 and N.D. Jayal v. Union of India, (2004) 9 SCC 362. 403fn
    • The Secretary of State for India v. The Rameshvaram Devasthanam (1934) 36 Bom. L.R. 539. 124fn
    • The State of Bombay v. Laxman Sakharam Pimparkar AIR 1960 Bom. 409., 108fn
    • TN v. Karnataka case SCR (2) 1991 502., 68 and fn
    • Town of Purcellville v. Potts, 19 S.E.2d, 700, 703, 179 Va.514, 141 A.L.R. 633. 101fn
    • Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647. 104fn
    • Waman Bapuji v. Changu Has Patil (1906), 8 Bom. L.R. 87. 109fn
    • Wyoming v. Colorado, 259 US 419, 465 (1922). 46 and fn
    • Yesu Sakharam Pujari v. Ladu Nana Savant Bhosale (1927) 29 Bom. L.R. 291., 112fn

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