Question

Principles:
1. The owner of land has absolute interest in the property including the contents over and under the property.
2. Water flowing below your land is not yours, though you may use it.
3. Any construction on your land belongs to you.
4. All mineral resources below the land belong to the State.
Facts: There is a subterranean water flow under Suresh’s land. Suresh constructed a huge reservoir and drew all subterranean water into it. As a result, the wells of adjacent owners went dry. They demanded that Suresh either demolish the reservoir or share the water.
Proposed decisions:
(a) Suresh need not demolish the reservoir.
(b) Suresh has to demolish the reservoir.
(c) Suresh has to share the water with his neighbours.
(d) The Government can take over the reservoir.
Possible reasons:
(i) Water cannot be captured by one person for his personal use.
(ii) The government must ensure equitable distribution of water.
(iii) Whatever is under Suresh’s land may be used by him.
(iv) Suresh has to respect the rights of others regarding water.

• (a) (iii)
• (b) (i)
• (c) (iv)
• (d) (ii)

Hint:

When resources beneath land are {not privately owned} (like groundwater), exclusive appropriation by one owner invites regulatory control to protect neighboring rights.

Answer 1

The Correct Option is D

Step 1: Nature of subterranean water. By Principle 2, underground flowing water is {not owned} by the landholder; he only has a right of use. Hence Suresh cannot claim exclusive ownership by diverting it all.
Step 2: Consequence of monopolizing a common resource. Suresh’s diversion dried neighbouring wells, showing private capture of a shared resource. In such situations, public authority may intervene to regulate and allocate fairly.
Step 3: Matching the reason. Reason (ii) — the government must ensure equitable distribution of water — fits with Principle 2’s limitation on private ownership and justifies state action.
Step 4: Conclusion. Since the water is not Suresh’s property and equitable distribution is required, the proper decision is that the {Government can take over/ regulate the reservoir} to ensure fair use — decision (d) with reason (ii).
\[ \boxed{\text{Correct answer: (d) with reason (ii)}} \]