IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.36 OF 2009

In Re:

Measures for Prevention of fatal accidents of small children due to their falling into abandoned bore wells and tube wells  

Union of India and Ors.                     ...Respondent(s)

O  R  D  E  R

With  this  Court  issuing  requisite  guidelines  vide  

order  dated  11th February,  2010,  subject  to  slight  

modification, nothing survives in the present writ petition.

That modification is as follows:

(i) The owner of the land/premises, before  

taking any steps for constructing bore well/  

tube well must inform in writing at least 15  

days in advance to the concerned authorities in  

the  area,  i.e.,  District  Collector/  District  

Magistrate/Sarpanch  of the  Gram Panchayat/any  

other Statutory Authority/concerned officers of  

the Department of Ground Water/Public Health/  

Municipal  Corporation,  as  the  case  may  be,  

about the construction of bore well/tube well.

(ii) Registration  of  all  the  drilling  

agencies,  namely,  Government/Semi  

Government/Private  etc.  should  be  mandatory  

with  the  district  administration/Statutory  

Authority wherever applicable.

....2/-

- 2 -

(iii) Erection  of  signboard  at  the  time  of  

construction near the well with the following  

details :-

(a) Complete address of the drilling agency  

at the time of construction/rehabilitation of  

well.

(b) Complete  address  of  the  user  

agency/owner of the well.

(iv) Erection of barbed wire fencing or any  

other suitable barrier around the well during  

construction.  

(v) Construction  of  cement/concrete  

platform  measuring 0.50x0.50x0.60  meter (0.30  

meter above ground level and 0.30 meter below  

ground level) around the well casing.

(vi) Capping  of  well  assembly  by  welding  

steel plate or by providing a strong cap to be  

fixed to the casing pipe with bolts & nuts.

(vii) In case of pump repair, the tube well  

should not be left uncovered.

(viii) Filling of mud pits and channels after  

completion of works.

(ix) Filling  up  abandoned  borewells  by  

clay/sand/boulders/pebbles/drill  cuttings  etc.  

from bottom to ground level.

....3/-

- 3 -

(x) On completion of the drilling operations at  

a  particular  location,  the  ground  conditions  

are  to  be  restored  as  before  the  start  of  

drilling.

(xi) District Collector should be empowered  

to verify that the above guidelines are being  

followed and proper monitoring check about the  

status of boreholes/tubewells are being taken  

care  through  the  concerned  State/Central  

Government agencies.

(xii) District/Block/Village  wise  status  of  

bore wells/tubewells drilled viz. No. of wells  

in use, No. of abandoned bore wells/tube wells  

found open,No. of abandoned borewells/tubewells  

properly filled up to ground level and balance  

number of abandoned borewells/tubewells to be  

filled up to ground level is to be maintained  

at District Level.

In rural areas, the monitoring of the above is  

to  be  done  through  Village  Sarpanch  and  the  

Executive from the Agriculture Department.

In case of urban areas, the monitoring of the  

above is to be done through Junior Engineer and  

the Executive from the concerned Department of  

Ground  Water/Public  Health/Municipal  

Corporation etc.

(xiii) If  a  borewell/tubewell  is  'Abandoned'  

at any stage, a certificate from the concerned  

department  of  Ground  Water/Public  

health/Municipal Corporation/Private contractor  

etc. must be obtained by the aforesaid agencies

....4/-

- 4 -

that  the  'Abandoned'  borewell/tubewell  is  

properly filled upto the ground level.  Random  

inspection of the abandoned wells is also to be  

done  by  the  Executive  of  the  concerned  

agency/department.   Information  on  all  such  

data on the above are to be maintained in the  

District Collector/Block Development Office of  

the State.

We  are  informed  that  the  last  paragraph  of  the  

earlier order dated 11th February, 2010, concerning publicity  

has been duly complied with.

Subject to the above, the writ petition is disposed  

of.

....................CJI.                       [S.H. KAPADIA]

......................J.               [K.S. RADHAKRISHNAN]

......................J.               [SWATANTER KUMAR]

New Delhi, August 06, 2010.