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2024 Supreme(Online)(NGT) 2018
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member
Shailesh Singh – Appellant
Versus
Hotel Holiday Regency – Respondent
M.A. No. 89/2022 | Original Application No. 176/2015
For the Petitioner: IN PERSON
For the Respondent:
CGWA compliance report rejected for defending flawed guidelines over conservation; Tribunal judgments binding, non-compliance punishable; ground water extraction in stressed areas must prioritize sustainability over commercial use via strict regulation.
Headnote:(A) National Green Tribunal Act, 2010 - Section 20 and 26 - Environment (Protection) Act, 1986 - Ground water regulation - CGWA Guidelines 2020 - Original Application disposed of earlier with directions for regulating ground water extraction in over-exploited, critical, semi-critical areas to prevent depletion and ensure sustainable management - Compliance report by regulator rejected as it defended guidelines instead of complying, prioritizing commercial extraction over conservation, ignoring binding Tribunal judgment - Regulator directed to submit fresh compliance report within three months, noting non-compliance is offence punishable under law. (Paras 2, 3, 8, 9, 10)
(B) Environmental Law Principles - Precautionary Principle, Sustainable Development, Inter-generational Equity - Extraction of ground water for commercial purposes in stressed areas must be strictly regulated, not permitted merely on payment of charges - Money cannot substitute water; indiscriminate extraction risks scarcity affecting drinking water availability - Regulator must focus on continuity of ground water availability through planned restrictions, monitoring contamination and depth limits. (Paras 4, 5, 6, 7)
Facts of the case:
Miscellaneous Application seeking compliance of directions issued in Original Application regarding hotels extracting ground water without permission in stressed areas, causing depletion and environmental damage. Earlier judgment held CGWA Guidelines 2020 deficient; compliance report filed by regulator contested Tribunal observations instead of implementing directions.
Findings of Court:
Compliance report rejected for vagueness, failure to detail effective steps, and defending extraction via charges. CGWA reminded of statutory duty to conserve ground water in stressed areas, not liberalize for commercial use.
Issues: Validity and compliance with CGWA Guidelines 2020; adequacy of regulatory measures for preventing ground water depletion in over-exploited, critical, semi-critical areas; binding nature of Tribunal directions.
Ratio Decidendi: Regulator cannot comment on or defend against Tribunal judgments, which are binding; focus must shift from industry protection to environmental conservation via strict extraction controls, impact assessments, and recharge mechanisms in stressed areas to avert scarcity and contamination.
Result: M.A. disposed of; fresh compliance report directed within three months.
| Table of Content |
|---|
| 1. hotels extracting groundwater without permission degrade environment. (Para 1 , 2) |
| 2. cgwa defends 2020 guidelines against tribunal criticisms. (Para 3) |
| 3. uncontrolled extraction causes scarcity; cgwa prioritizes industry. (Para 4 , 5 , 6 , 7) |
| 4. reject cgwa report; mandate fresh compliance. (Para 8 , 9 , 10) |
ORDER
1. Original Application No. 176/2015 was registered to examine grievance of Shailesh Singh, Applicant that certain hotels namely; Hotel Holiday Regency at NH-24, Moradabad, Hotel Clark Awadh, Mahatma Gandhi Marg, Near Parivartan Chowk, Lucknow, Hotel Country INN, Sahibabad District Ghaziabad, Hotel Radisson Blu, Kaushambi, Ghaziabad, Hotel Sunshine Park, Sahibabad, District Ghaziabad are extracting ground water for the purpose of commercial activities without having any permission from Central Ground Water Authority (hereinafter referred to as ‘CGWA’) and thereby, degrading ground water table, contaminating ground water and causing damage irreparable to the environment.
2. Tribunal passed various orders in Original Application from time to time and notices were also issued to respondents. Original Application was disposed of by judgment dated 25.02.2022 and directions issued by Tribunal contained in para 43 to 49 reads as under:-
“43. In the backdrop of the aforesaid observations which we have culled out from various orders of Tribunal, referred above, ultimately, in the order dated 20.07.2020, 4 issues were formulated in para 27 and in para 28, Tribunal said that the answer to the said issues is ‘no’. Tribunal held that as per mandate of sustainable development under Section 20 of NGT Act 2010, Regulator must direct its policy towards preventing further depletion of, and upgrading, ground water levels, based on impact assessment. Extraction can neither be unregulated nor allowed across the board without individual consideration. The directions were consequently issued to prepare meaningful regulatory regime, institutional mechanism for ensuring prevention of depletion, unauthorized extraction of ground water and sustainable management in OCS areas.
44. Unfortunately, the concerned Ministry and Regulator have acted in haste and just in 2 months i.e., 24.09.2020, have published Guidelines 2020 wherein most of the infirmities, irregularities, and failures, pointed out on the part of CGWA, in earlier Guidelines, as such, are present. Though there are minor variations and alterations, but the same are wholly inconsequential, looking to the gravity of the situation, arising due to consistent depletion of ground water.
45. The Notification issued by UPGWD shows that in State of UP almost every district, and some districts as a whole, are in serious stressed condition, having depletion of water to the extent of critical and over-exploited level, and a very few are exceptions.
46. The condition of NCT of Delhi, as already noticed, is already, seriously alarming.
47. The correctness/validity of this Guideline was also challenged in OA No. 69/2020, Sushil Bhatt v. Moon Beverages Limited & Ors., and Appeal No. 45/2020 (Earlier O.A. No. 218/2020), Devi Das Khatri v. Union of India & Ors. We have examined the above Guidelines in our judgement, delivered today, in OA No. 69/2020 (supra) and Appeal No. 45/2020 (supra) and held that Guidelines dated 24.09.2020 fails to satisfy the requirement of environmental law for protection and preservation of ground water when tested on the ‘Precautionary’ Principle, ‘Sustainable Development’ as well as ‘Inter-generational Equity’ Principles. We have issued following directions:
“g. We also constitute a joint committee of CPCB, CGWA and UPPCB to conduct survey in State of UP and prepare data of various categories drawing ground water for commercial purposes, study impact assessment, suggest ways and modes to reduce ground water extraction in OCS areas, and how ground water level can be improved. Committee may induct any other expert as it may find necessary. District Magistrate of conc
