Shri N S Boseraju, Minister for Minor Irrigation / Karnataka Groundwater Authority,
Shri Ram Prasath Manohar, Chairman - BWSSB,

Dear Sirs,

The unprecedented drought and water crisis in Bengaluru has exposed the poor state of groundwater regulation and enforcement in Bengaluru.  Borewells have dried up, Groundwater has depleted completely in many parts of Bengaluru, and in others it has dipped to extremely alarming levels. In many areas, new borewells are being drilled to 2000 feet or more. Even these are turning up dry. 

It has been mandatory to obtain permission to drill borewells since the passage of the KGWA Act in 2011.  However, both due to weakness in the laws, and due to ineptitude, lack of implementation and enforcement by authorities, and lack of awareness generation by the Govt itself, illegal borewell drilling has been rampant in Bengaluru, effectively depleting the groundwater levels to alarming levels.  Despite this, the Govt has not pulled up its socks, which is rather depressing.  

Bengaluru has been declared an Overexploited Zone and a RED CATEGORY zone, since 2012.. However, it is estimated that between 3 to 5 lakh illegal borewells have been drilled in Benglauru.  This has accelerated the Water Crisis and pushed Bengaluru past Day Zero. 

Most of these illegal borewells have been drilled to use groundwater for banned construction purposes, and for commercial use, which is again banned.  Most are also drilled in areas where BWSSB Water supply is available, therefore, no permission could have been given.  

Bengaluru has crossed a critical negative threshold of liveability and survivability due to this misgovernance and maladministration; Bengaluru has seen one of its worst Water Crisis, and more than half the city depends on water tankers from outside the city limits, which is again only a temporary lifeline.  Very soon, these areas that supply water to Bengaluru will run dry, and the crisis will deepen.  

STATE OF AFFAIRS:
a) After the dire water crisis, the BWSSB has issued a slew of orders in March this year, reinforcing existing laws, but announcing that enforcement will be done strictly.  Better late than never.  
b) For a month, enforcement was strictly done, and no drilling of borewells was permitted.  
c) However, by late April, illegal drilling has been reported from across the city.  Enforcement is patchy.  In some places they are being stopped, in some others, they are going on unhindered.  
d)  It is observed that drilling permissions are being received by some plot owners which are apparently fraudulent.  Most plot owners that apply for permission are in the process of construction of commercial buildings, and they submit applications for domestic use, and the BWSSB has been issuing permissions to them without checking the actual use of the premises.  
e)  Also, almost all of them are applying for permission, when the plot is empty, and it is observed that the owners use the water for construction purposes.  
f)   (d) & (e) are blatant violations, and they are defrauding the authorities and the public.  
g)  There are also allegations that BWSSB officials are involved in corruption to issue these fraudulent permissions.  
h)  As per law, any public objection renders the permission cancelled automatically.  However, almost every single instance of drilling has been objected to by the public, but the authorities do not consider the permission automatically cancelled, and permit the drilling to continue. 
i)  There is absolutely no enforcement being taken against existing illegal borewells. Most are on construction sites, and being used blatantly for construction use, and also in commercial buildings, which are used for commercial business purposes.   These run into lakhs, but there is absolutely no news of sealing of borewells, issuance of fines, FIRs against violators, or cancellation of contractor's licenses.  The general sense it gives to city residents is that lawlessness has no risks.  Everyone can violate without fear or consequences.

It is quite obvious that there are weaknesses inherent in the law, and lack of will by authorities, as well as suspected corruption.  

 

SIX SIMPLE ASKS:

To better enforce the ban on misuse of ground water and improve enforcement, we have a 6 point plan, which if adopted will help you do better in performing your duty to the public.  HERE ARE THE 6 ASKS:

1: Online Disclosure of Permissions Automatically

List all borewell drilling permissions issued on BWSSB website & KGWA website. THIS IS A SECTION 4 - RTI ACT REQUIREMENT. Without the permission being online, no drilling should be permitted.

2: Public Display at PLOT / SITE / Building Location

Any plot that is drilling a borewell, should be mandated to display on a large Public Display Board, with the following details:

a) The Borewell Permission No
b)  The Plot/Site no (address)
c) A copy of the Permission Letter.,
d) Building Plan Approval Details.
e) Borewell Meter No.

3: Check Building Plan approval before issuing permission - Repair the Process of Issuing Borewell Drilling Permission

Check Building Plan approval before issuing permission Since Bengaluru is an Over-exploited Red Category Zone, only Public Borewells are permitted, and domestic use only if lacking other alternatives. However, commercial PG SLUM builders lie on their applications that they are domestic bldg, and apply even if there is BWSSB supply to the area. To prevent this, pls do not issue permissions to any applicant who does not have a building plan approval for ‘domestic’ residential bldg, and pls check if the area has BWSSB supply pipeline.

4: Do not issue permissions for Empty plots / Under Construction plots

Any empty or under construction plot that drills a borewell uses the groundwater for construction purposes, which is explicitly banned since 2019. Enforcement by KGWA & BWSSB is zero. Hence, prevention is better than cure - Do not issue permissions if the address location is an empty plot, or an under construction building.

5: Helpline No., & Rapid Response Team

A well publicised Helpline No and Email ID, to report borewell drilling / and for the public to express objection. A well trained & well informed rapid response team needs to be on standby to take complaints and act on them, 
A) to stop borewell drilling, 
B) file FIRs & 
C) impose exemplary fines on plot owner & borewell contractor, 
D) seize equipment, 
E) cancel borewell contractor’s license, 
F) seal borewells.  
G) As per law, if any member of public objects to a borewell at any point of time, the permission is automatically cancelled. The team should be able to respond quickly in case of objections!

6.  Raid Commercial Buildings / Under Construction sites:

Form teams to raid commercial and PG Buildings, check if they have borewells, and if they do, please seal these borewells, and initiate legal proceedings against the owners of the properties, and the borewell drilling contractors involved, as per items in Point 5. 

Additionally, amendments are necessary to the KGWA ACT and RULES, to plug loopholes:

1. Do not allow any kind of regularisation or compounding for illegally drilled borewells.  This practice only encourages people to blatantly violate the laws.  There should be ZERO tolerance to violations, and only prosecution of violations should be allowed. 
2. Process of permission approval needs to be tightened, and only after examining the following should a borewell permission be granted:  
   A) Whether the site is emptoy / under construction - in these cases, the permission should be rejected to prevent use in construction. 
   B) Whether there is a BWSSB water supply pipeline in the area. (Despite there being a BWSSB pipeline, people use borewells for construction work, or commercial use.  
   C) Examine Building Plan Approval - if there is no building plan approval for a domestic residential building, the owner is certainly planning illegal use, hence do not issue approval.  
   D)  Even if the plot owner has a building plan approval, and if it is for domestic residential purposes, a deeper investigation needs to be done, to establish whether the approval is fraudulent, and whether the plot owner plans to violate the plan. and build a commercial building.
   E)  Do not approve if a PG Slum building plan is suspected. 
3. Updation of Central Groundwater Board Rules:  Although the Central Groundwater Board has updated its rules and norms to make groundwater regulation more stringent, the Karnataka Groundwater Authority has been lax, and has not updated its rules as per the same. This updationg is long overdue and needs urgent adoption.
4. AWARENESS GENERATION & COMPLIANCE:  For the past few decades, people were not even aware of the KGWA or the BWSSB's role in regulating borewells.  It is only now that there is some awareness, due to the recent awakening of the authorities.  Many vital details such as information that power to enforce against illegal borewells has been devolved to other departments such as the Police, BWSSB, BESCOM, etc., are not known to anyone, and it is not even known to the respective Dept staff themselves, much less to the public.  We hope more awareness is generated, through media, social media and direct engagement with citizens, to improve the compliance with all laws and rules.  

In every way, the experience of living in the city today, gives one a feel of it being the worst governed city in the country.  We hope that by making a committed beginning, and implementing these small measures, you will help set a path for the city to become the best governed city at some future time.

In the interest of our city, and its residents, we hope you will act promptly and immediately undertake the above measures, to ensure that the recent positive steps taken by you are not in vain.  We wish you all the best!  

Yours sincerely,

Citizens of Bengaluru