ORDER :

S. Saghir Ahmad, J.

1. This Court on 20-3-1996 took notice of the news item under the caption ?Falling Groundwater Level Threatens City?, appearing in the Indian Express of 18-3-1996. This Court issued notice to the Central Groundwater Board and the Delhi Pollution Control Committee. The news item was brought to the notice of this Court by Mr M.C. Mehta, Advocate. On 3-4-1996, this Court issued notice to the Municipal Corporation of Delhi and the Delhi Waterworks and Sewerage Disposal Undertaking.

2. Dr P.C. Chaturvedi, Scientist ?D? (Director), Central Groundwater Board, filed an affidavit pursuant to this Court's order. He stated in the affidavit that during the years from 1962 onwards, the water levels in the country are declining. So much so, during the years 1971-83, the fall in water level was from 4 m to 8 m in the National Capital Territory. There was a further fall of water level from 4 m to more than 8 m during the period 1983-85. One of the reasons stated in the affidavit for the decline of water level was the enhanced pumpage. Keeping in view the facts stated by Dr Chaturvedi, this Court issued notice to the Union of India through the Secretary, Ministry of Water Resources and to the Government of NCT, Delhi, through its Chief Secretary. Various authorities have filed affidavits indicating the factual position regarding the fall of water levels in the country.

3. This Court by the order dated 4-9-1996, requested Dr P. Khanna, Director, NEERI, to have the matter examined at the Institute level by experts in the field and to file a report in this Court. The NEERI was asked to give suggestions and recommendations for checking further decline of underground water level. NEERI filed the examination report dated 23-9-1996 regarding ?Water Resources Management in India, Present Status and Solution Paradigm?. Mr Arun Kumar, Additional Secretary, Ministry of Water Resources, filed an affidavit dated 24-10-1996, commenting on the NEERI Report and also indicating an overall picture of the declining water levels in the country and also the various schemes and activities undertaken by various Departments of Government of India to monitor the groundwater. The relevant paragraphs of the affidavit are as under:

4.2 It may be pointed out that the main reason for gradual decline in the level of groundwater in certain areas of the country is over-exploitation. Presently the control being exercised in the country for regulating groundwater development is in the form of indirect administrative measures being adopted by institutional finance agencies who by and large insist on technical clearance of the schemes from authorised groundwater departments of the respective States. These departments in turn look into the various aspects of groundwater availability. Another control imposed by the institutional agencies, availing financing facilities from National Bank for Agriculture and Rural Development is by way of prescribing spacing criteria between the groundwater structures. Yet another method of indirect control is by way of denial of power connections for the pump-sets financed through loans from banks. However, in the absence of any law, the administrative measure do not prevent affluent farmers from constructing wells in critical areas. An affluent farmer with his large capital investment can construct a high capacity well which affects shallow wells in the neighbourhood. In order to arrest the depleting trend and to avoid indiscriminatory withdrawal of groundwater, the Government of India had circulated a Model Bill to the States/Union Territories in 1970 to help them to bring out suitable legislation on the lines of the Model Bill to regulate and control the development of groundwater in their respective areas.

5. This para outlines the need for regulation and extraction of groundwater and lays emphasis on integrated water resources management including regulation on land use and proposed agriculture practices, human settlement