Case law


Hi,

There is one case law, Please help anybody in solving it;

'X' a beverages factory in Kerala, license was cancelled on the ground of excessive exploitation of ground water by the nearly Gram Panchayat. Taking in view, the Public Trust Doctrine, the High Court issued the direction to the respondent to stop drawing ground water for its use. After 1 month from the date of decision, 'X' moved to SC stating that Panchayat, while granting a license, acts as a Statutory Authority, but  Panchayat can cancel a license only when the licensee voilates any of the conditions of the license. The extraction of water is not a matter of license so the Panchayat is under no authority to cancel it. Secondly, after getting permission to dig well and extract water from ground, one cannot be restrained on the ground that he is extracting an excessive quantity of water as it his right under easement and SC has also not restricted the water supply units in cities for extraction of water and giving license to supply drinking water. Argue in favor of or against 'X'.

 
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ADVOCATE HIGH COURT OF KERALA

Facts are very much similar to Cocacola license cancellation by  Perumatty Grama panchayat case. You will get good argument points by reading the judgement in that case.

Reported in 2004  (1) KLT  731.

 
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Thanks alot for the instant response.
 
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