In India, groundwater itself is not illegal. Its legal status is intrinsically linked to land ownership.
Based on the provided reference, the legal status of groundwater in India is that it is considered a part of the land. Groundwater does not seem to have a legal existence separate from the land.
Understanding Groundwater Rights in India
The traditional perception in India is that the right to groundwater is part of landowners' right to enjoy their property. This means that if you own land, you are generally considered to have rights over the groundwater beneath that land.
- Legal Status: Groundwater is treated as an integral component of the land itself, rather than a separate entity.
- Associated Rights: Rights to access and use groundwater are traditionally perceived as bundled with the rights of land ownership.
Key Points from the Reference
The reference explicitly states:
"The legal status of groundwater in India is that it is considered a part of the land. Groundwater does not seem to have a legal existence separate from the land. Right to groundwater is perceived as part of landowners' right to enjoy their property."
This highlights the fundamental principle governing groundwater in India: it's tied to the land.
Practical Implications
This legal status has significant practical implications for groundwater management and use:
- Landowner Control: Traditionally, landowners have had significant control over the groundwater under their property.
- Challenges: This link between land ownership and groundwater rights can create challenges in regulating overuse, ensuring equitable access, and managing groundwater resources sustainably, especially given increasing demand and scarcity.
- Regulatory Evolution: While the traditional view ties groundwater to land, various regulations and policies have been introduced over time by central and state governments to manage groundwater extraction, particularly in critical or over-exploited areas. These regulations often involve registration, permits, or restrictions on withdrawal, aiming to balance individual rights with the need for sustainable resource management.
Understanding the legal basis that groundwater is part of the land is crucial for comprehending groundwater governance and regulations in India.
