Authority: High Court of Himachal Pradesh, Shimla
Order Date: 08 July 2026
Case Overview
- Petitioners: Madan Lal Sharma (CWP 9853/2026) and Dev Bhumi Wheels LLP (CWP 9566/2026).
- Respondents: State of Himachal Pradesh and other government entities.
- Both writ petitions relate to the same sanction dated 20‑02‑2026 granted by the Himachal Pradesh Ground Water Authority, Shimla, permitting Dev Bhumi Wheels LLP to drill a borewell at Plot No. 104‑D, Industrial Area, Shoghi, District Shimla, for commercial use (car‑wash water) with a limit of 8,000 liters per day.
- CWP 9566/2026 sought police protection for installation and commissioning of the borewell; CWP 9853/2026 sought setting aside the sanction, alleging procedural violations and potential adverse impact on local water sources serving five nearby villages.
- The petitioner highlighted that the borewell is only 20 m aerial distance and 150 m from the local water source, that 6,000 L/day of the permitted volume is earmarked for drinking water needs of a 150‑person workforce, and that no prior survey was conducted.
- The petitioner alleged violation of Section 7(5) of the Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005 and non‑compliance with Rule 17 of the Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Rules, 2007, which requires publication of a notice in two leading daily newspapers before granting a commercial groundwater permit.
- The Authority admitted that the newspaper notice was not published due to an unintentional administrative oversight by a field‑level Executive Engineer, asserting no mala‑fide intent and invoking the doctrine of substantial compliance.
- The Court noted that procedural requirements cannot be bypassed and cited Nazir Ahmad v. King Emperor to emphasize that statutory procedures must be strictly followed.
- The Court also observed that the lack of public notice denied affected villagers the opportunity to object, contrary to the provisions of the Act and Rules.
Final Outcome
- The sanction dated 20‑02‑2026 granting Dev Bhumi Wheels LLP permission to extract 8,000 liters per day of groundwater for commercial use is quashed and set‑aside.
- The respondents (State of Himachal Pradesh) are free to consider a fresh application from Dev Bhumi Wheels LLP, provided all provisions of the Act and Rules, including the mandatory newspaper notice, are complied with.
- Both writ petitions are disposed of, and any pending miscellaneous applications, if any, are also stood disposed.
Topics: Groundwater Regulation, Legal Dispute