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2024 Supreme(Online)(NGT) 3831
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 for Shoeb H. Khan
Illegal groundwater extraction without CGWA NOC attracts EC per specified formula only post 30.09.2022 deadline if no prior application efforts; authorities must consider public notices to avoid harassment, proceed with sealing/prosecution.
Headnote:(A) Environment (Protection) Act, 1986 - Sections 5 - CGWA Guidelines 2020 (S.O. 3289(E) dated 24.09.2020) - Para 2.0, 13.0, 15.0 - Illegal groundwater extraction by residential township in notified area without valid NOC - Prior NOC expired without renewal; subsequent applications rejected - 15 borewells found operational beyond permitted 3 - STPs operational and compliant except sludge disposal and logbook maintenance - Environmental compensation calculated on formula: ECGW = Ground water consumption per day x ECRGW x No. of days x Deterrence factor; additional penalties for late submission (Rs.1,00,000/-), non-disclosure/additional structures (Rs.2,00,000/- per functional structure) - District authorities empowered to seal illegal wells, disconnect power, prosecute - EC realization only for non-compliance post 30.09.2022 deadline under Public Notice No.10/2022 dated 03.11.2022; prior efforts/applications to be considered to avoid harassment. (Paras 1, 2, 7, 8, 9, 11(3))
(B) National Green Tribunal Act - Original Application disposal - Directions to CGWA for timely NOC disposal, EC calculation per guidelines/public notices; State PCB for future violations - Applicant at liberty for fresh action against unarrayed units. (Para 12)
Facts of the case:
Applicant alleged illegal installation/operation of over two dozen borewells by residential housing project without CGWA approval in notified area, violating environmental laws. Joint committee inspected, found 15 borewells across zones/units, expired NOC (397 m3/day via 3 wells), rejected fresh applications, STPs functional with minor issues. Project paid Rs.13,21,920/- EC to State PCB for STP sludge violation.
Findings of Court:
STPs adequate/operational, parameters compliant; groundwater extraction illegal sans valid NOC. CGWA to compute exact EC considering public notices, proceed per law including sealing/prosecution if non-compliant. State PCB EC for STP resolved.
Issues: (1) Validity of groundwater extraction sans NOC; (2) EC imposition by State PCB/CGWA; (3) Sealing/prosecution powers; (4) Action against additional unarrayed units.
Ratio Decidendi: CGWA guidelines mandatory for extraction in notified areas; EC/penalties strictly per notified formula only post specified deadlines where no prior application efforts made; authorities to act without undue delay, balancing enforcement against citizen harassment on technicalities.
Result: O.A. No.121/2024(CZ) & I.As disposed with directions.
| Table of Content |
|---|
| 1. illegal groundwater extraction without cgwa approval (Para 1) |
| 2. joint committee site inspection findings (Para 2) |
| 3. stp operations compliant with adequate capacity (Para 3 , 4) |
| 4. cgwa history of noc issuance and expiry (Para 5) |
| 5. environmental compensation and penalties applicable (Para 6) |
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
