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2024 Supreme(Online)(NGT) 2855
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, A Senthil Vel, Expert Member
Haider Ali – Appellant
Versus
Apna Ghar Shalimar – Respondent
Original Application No.121/2024(CZ)|I.A.No.55/2024|I.A.No.144/2024
For the Applicant(s): Gau rav Kumar Verma
For the Respondent(s): Gigi C. George, Amit Singh, Rohit Sharma, Tarun Singla, Rishabh Kumar, Shoeb H. Khan
Illegal groundwater extraction without valid CGWA NOC mandates environmental compensation, penalties, and sealing by District Magistrate per guidelines; authorities must compute EC per public notices and process applications timely without harassment.
Headnote:(A) Environment (Protection) Act, 1986 - Sections 5 & Constitution of Central Ground Water Authority - CGWA Guidelines 2020 (S.O. 3289(E) dated 24.09.2020) - Public Notices No.5/2022, No.7/2022 & No.10/2022 - Illegal groundwater extraction by residential township through multiple borewells without valid NOC post expiry - Prior NOC expired without renewal; subsequent applications rejected - STPs operational and compliant but sludge disposal violation addressed via environmental compensation - Mandatory NOC for extraction in notified areas; District Magistrates empowered to seal illegal wells, disconnect power, impose prosecutions (Para 13) - Environmental compensation calculated as ECGW = Ground water consumption per day x Rate x Days x Deterrence factor; additional penalties for non-disclosure of structures (Rs.2,00,000/functional), late applications (Rs.1,00,000) (Paras 2, 6, 8, 9, 11).
(B) National Green Tribunal - Directions on compliance - CGWA to decide pending applications within reasonable time, calculate EC strictly per guidelines/public notices (last application date 30.09.2022); no harassment via technicalities - State PCB to enforce EC for STP violations; fresh actions for unarrayed units permissible (Paras 11, 12).
Facts of the case:
Application alleging unauthorized groundwater extraction via over two dozen borewells in notified area violating CGWA norms. Joint committee inspected, found 15 borewells across zones without valid NOC (prior NOC expired 2016; fresh application rejected 2024). STPs (4 operational, capacities adequate, treated water reused) compliant except sludge issue (EC of Rs.13,21,920 paid). Respondents claimed handover to welfare association, sought interim NOC.
Findings of Court:
STPs compliant post-EC payment; groundwater extraction illegal sans valid NOC. CGWA to assess exact consumption, impose EC/penalties, seal wells if non-compliant. EC calculation per public notices, from 24.09.2020 or project start.
Issues: (1) Validity of groundwater extraction sans CGWA NOC; (2) Imposition of environmental compensation by State PCB/CGWA; (3) Sealing of illegal borewells and compliance with public notices; (4) Actions against additional unarrayed units.
Ratio Decidendi: Extraction without valid CGWA NOC illegal, attracting EC, penalties, sealing by District Magistrate; CGWA must process applications timely, compute EC per guidelines/public notices without undue delay/harassment; compliant STPs close violations post-EC.
Result: O.A. along with I.As disposed of with directions to CGWA/State PCB for enforcement.
| Table of Content |
|---|
| 1. illegal groundwater extraction without cgwa approval (Para 1) |
| 2. joint committee site inspection constituted (Para 2) |
ORDER
1. Issues raised in this application are extraction of ground water by the respondent no. 1 on installing more than two dozens of tube wells/bore wells without getting proper approval from the competent authority in violation of CGWA guidelines for consumption of ground water in notified area of Alwar and violating the Environment (Protection) Act, 1986.
2. The matter was taken up by the Tribunal and committee was constituted with a direction to submit the factual and action taken report. The member of the committee consisting Regional Director, CPCB, one representative from the CGWB Jaipur, one representative from the State PCB from the Collector Alwar visited site and submit the report as follows :
“Observations made by joint committee during site visit:
Joint team visited M/s Apna Ghar Shalimar on 19.07.2024 to verify the contents/ grounds raised by the applicant. During inspection Shri Arvind Kumar, State Manager, Resident Welfare Association of Apna Ghar Shalimar Vistar South Zone Alwar, Mr Vedvrat, State Manager, Resident Welfare Association of Apna Ghar Shalimar Ext. North Zone Alwar and Mr Birendra, State Manager, Resident Welfare Association of Apna Ghar Shalimar (Old shalimar) were present as representatives of housing project.
Observations from State Pollution Control Board:
Housing project is divided into 3 parts namely North Zone (AGS Greens), South Zone (Shalimar-Extension) and Old Shalimar. Housing project has installed total four Sewage treatment plants i.e. 2 STPs in North Zone, 1 STP in South Zone and 1 STP in Old Shalimar and during inspection all 4 STP’s were found operational. Details of all three parts/zone of housing project with STPs are as follows:
1. North Zone has occupied total 586 nos of 3-BHK dwelling units, 251 nos of 2-BHK dwelling units, 344 nos of 1-BHK dwelling units, 436 nos of indivisual plots and two commercial plots, as per information provided by the housing project, Letter dated 02/08/2024 has been enclosed as Annexure-6. As per NBC 2016 & Bureau of Indian Standards, total daily maximum water requirement would be approx 1241 KLD and domestic waste water generation will be approx 994 KLD (considering 80 % of water consumption converts into waste water). North Zone has total 2 Sewage Treatment Plant i.e. old STP & New STP, having capacity of 650 KLD and 600 KLD respectively. The combined capacity of both the STPs is adequate for treatment of domestic waste water generated from the households of North Zone. During inspection both STPs were found operational and consists following unit operations/process;
a. Bar Screen,
b. Collection tank,
c. MBBR,
d. Tube Settler,
e. Activated Carbon Filter,
f. Multi Grade Filter,
g. Chlorination (manual) and
h. Filter press Housing project has installed flow meters at inlet (Reading of old STP- 34098 m3 & reading of new STP- 168257 m3) as well as at the outlet (Reading – 79044 m3 & reading of new STP- 130316 m3) of the both STPs.
However, daily logbook of the STP was not maintained. Samplings of both the STPs were carried out and analysis report indicates that the parameters are well within the prescribed limits, analysis report dated 02/08/2024 has been enclosed as Annexure- 7 & 8. Treated water of STP was being used for plantation/ gardening within the premises. During the inspection, private land adjacent to the old STP was found filled with sewage sludge, which was observed in earlier inspections by the State Board, for which proceedings for imposing environmental compensation of Rs. 13,21,920/- have been initiated by the State Board, show cause notice dated 29/07/2024 has been enclosed.
2. South Zone has total 756 nos of 3-BHK dwelling units, 312 nos of 2-BHK dwelling units and 173 nos of indivisual plots, as per information provided by the housing project, Letter dated 28/03/2024 has been enclosed as Annexure-10. As per NBC 201
