REW Pulwama pulls up for unauthorized bore wells, hand pumps under CDF/MPLADS
Ground Water Division cites violation of JKSWRRA Act, orders immediate halt to works
Pulwama: The Executive Engineer, Jal Shakti (PHE) Ground Water Division, has issued a strong directive to the Executive Engineer, Rural Engineering Wing (REW), Pulwama, over the “unauthorized execution” of bore wells and hand pump works under Constituency Development Fund (CDF) and MPLADS schemes, terming the actions a clear violation of the Jammu & Kashmir State Water Resources Regulatory Authority (JKSWRRA) Act, 2010.
In an official communication (No. PHE/GWD/2025-26/TS-17411-15), the Ground Water Division expressed “grave concern” that REW Pulwama was proceeding with groundwater extraction works without adhering to the statutory framework laid down under the JKSWRRA Act, despite repeated public notices issued earlier.
The letter categorically states that under the JKSWRRA Act, 2010, and subsequent government notifications, the PHE Ground Water Division is the sole authorized agency for construction, regulation and sustainable management of all groundwater extraction structures—including hand pumps, bore wells and tube wells—in the Kashmir province.
“This mandate is exclusive and non-delegable. This office does not issue NOCs to other departments for execution of such works,” the communication reads, making it clear that any parallel execution by other departments is illegal.
The Ground Water Division pointed out that statutory approvals are mandatory before commencing any groundwater-related work. These include:
It needs a mandatory permission for drilling wells, to be obtained from the Chief Engineer, PHE, and processed exclusively through the Ground Water Division along with registration of drilling agencies, issued only by the competent authority. Only registered agencies are eligible to participate in tenders, and renewals are also carried out exclusively by the Ground Water Division.
According to the letter, REW Pulwama has neither obtained FORM-XI permissions nor ensured that drilling agencies engaged by it are registered under FORM-XII, thereby “blatantly violating” the JKWRRA regulatory framework.
The communication also refers to a one-time exemption earlier granted to RDD/REW for executing bore well works under CDF during 2025–26. This exemption, it said, was rescinded ab initio vide Chief Engineer, Jal Shakti Department Kashmir letter dated December 4, 2025, following clear directives from JKWRRA.
“The rescindment reaffirms the clear legal position that all groundwater works must be executed only by the PHE Ground Water Division in strict compliance with the JKSWRRA Act, 2010,” the Executive Engineer noted.
Highlighting the technical competence of the Ground Water Division, the letter said that all works are executed strictly as per Standard Operating Procedures and Indian Standards (IS), including those related to construction, testing, development and drinking water quality.
The Division also carries out mandatory pre-assessments such as hydrogeological and geophysical studies and detailed bore-log analysis—procedures that, according to the letter, are “absent in works undertaken by other departments,” often resulting in compromised well integrity and unsustainable groundwater extraction.
Warning of penal action
Terming any unauthorized drilling activity as illegal, the Ground Water Division warned that violations are punishable under the JKSWRRA Act, 2010. The office, it said, is empowered to seize unauthorized drilling machinery, impose heavy penalties and initiate legal proceedings against erring agencies.
Immediate cease-work ordered
The REW Pulwama has been directed to immediately stop all ongoing bore well and hand pump works under any scheme, including CDF, MPLADS and CAPEX. The department has also been asked to submit all proposed groundwater works to the Ground Water Division for technical scrutiny and execution through proper channels.
Additionally, REW has been instructed not to proceed with tendering or allotment of any groundwater-related work without prior written concurrence and to furnish a detailed list of all works already tendered or allotted for review.
“This office will not regularize or verify any wells constructed without its direct execution and oversight. All financial and legal liability arising from unauthorized works shall rest entirely with the executing agency,” the letter warned.
