NGT Reprimands Authorities Over Unlawful Groundwater Extraction in Delhi

The National Green Tribunal (NGT) has reprimanded various authorities, including the Delhi Pollution Control Committee (DPCC), for their alleged ‘lack of coordination’ in preventing the unlawful extraction of groundwater for commercial purposes.

The tribunal was addressing a petition that highlighted how unauthorized entities, such as the ‘tanker mafia,’ were illicitly extracting groundwater using borewells. They subsequently filtered this water through reverse osmosis (RO) plants and used it for commercial activities.

The petition underscored that these unlawful operators in the national capital lacked the necessary no-objection certificate (NOC) issued by the Central Ground Water Authority (CGWA).

In a July order, the tribunal had directed the relevant authorities to take ‘swift coercive action,’ including the immediate sealing of illegal borewells. Additionally, they were instructed to establish an effective mechanism for preventing groundwater extraction by unauthorized operators and the tanker mafia.

In a recent order, a bench of judicial member Justice Arun Kumar Tyagi and expert member Afroz Ahamd observed a significant ‘lack of coordination’ among the concerned authorities, as reflected in the reports submitted by the DPCC, sub-divisional magistrate (SDM) of Mehrauli, and district magistrate (DM) of South Delhi.

The DM’s report indicated that the assessment of compensation for environmental violations had been pending with the DPCC for an extended period. The DPCC’s report, on the other hand, revealed a lack of essential information regarding the owner of a plot with an illegal borewell. These particulars were also unavailable with the SDM.

The bench criticized their actions, stating, ‘Authorities with a statutory and constitutional duty to protect and enhance the environment cannot be permitted to neglect or delay taking suitable remedial action for environmental protection on such frivolous grounds or feeble excuses.’ They were instructed to resolve all obstacles in implementing statutory provisions or environmental standards by obtaining the necessary information from the relevant authorities and avoiding unnecessary delays.

The NGT further mandated the authorities to submit additional action-taken reports within three months. The case is scheduled for further proceedings on February 7, 2024.