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2024 Supreme(Online)(NGT) 4036
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Haider Ali – Appellant
Versus
Central Ground Water Board Western Region, Ministry of Water Resources – Respondent
Original Application No. 141/2024(CZ)|I.A.No.65/2024
For the Applicant(s): Mr. Ali Md. Maaz, Adv.
For the Respondent(s): Mr. Pinaki Mishra, Sr. Adv. with Mr. ADN Rao, Sr. Adv., Mr. Abhay Chattopadhyay, Adv., Mr. Udipto K. Sarmah, Adv., Mr. Aakash Sharma, Adv., Mr. Samaksh Dasot, Adv., Mr. Rahul Mishra, Adv., Mr. Parag Gupta, Adv., Mr. Akshay Sapre, Adv. Mr. Aayush Gupta, Adv., Ms. Vanshika Dubey, Adv., Mr. Siddhartha Shukla, Adv., Mr. Manoj Ahuja, Adv., Ms. Kannupriya Gupta, Adv., Mr. Rishab Kumar, Adv., Mr. Shoeb Hasan Khan, Adv., Mr. Brijesh Saxena, Adv., Ms. Shatakshi Tripathi, Adv Mr. Kartik Nagarkatii, Adv Ms. Diksha Chaturvedi, Adv. For Mr. Rohit Sharma, Adv. Mr. Ayush Gupta, Adv., Mr. P.S. Baghel, Adv., Mr. Pragya Narayan Adv. Mr. Ashish Jaiswal, Adv., Mr. Manoj Ahuja, Adv., Mr. Gigi George, Adv., Mr. Rajat Jariwal, Adv. With Ms. Prerna Singh, Adv., Mr. Sandeep Chilana, Adv. with Ms. Snehil Sharma, Adv., Mr. Vinita Bhargav, Adv. With Ms. Nandita Chouhan, Adv. And Mr. Tijil Thakur, Adv., Ms. Aditi Sharma, Adv.
Industries in over-exploited zones must secure CGWA NOC for groundwater extraction; violations attract environmental compensation, sealing of wells; CGWA to enforce 2020 guidelines strictly with monitoring and penalties.
Headnote:(A) Environment (Protection) Act, 1986 - Sections 3, 5 - CGWA Guidelines 2020 (S.O. 3289(E) dt. 24.09.2020) - Groundwater regulation in over-exploited zones - Industries extracting groundwater without valid NOC from CGWA violate notification - No new major industries permitted in over-exploited areas; existing units must obtain/renew NOC, pay restoration charges, install piezometers, conduct water audits, adopt rainwater harvesting - CGWA to enforce strictly, impose environmental compensation per CPCB formula for illegal abstraction, delegate powers to District Magistrates for sealing illegal wells - Penalty for non-compliance/late applications (Rs.1,00,000/- to Rs.2,00,000/- per structure). (Paras 5, 6, 22, 23)
(B) National Green Tribunal - Directions - Joint Committee inspection found operational industries either hold valid NOCs or applications pending; non-operational units closed - Allegations of over-extraction unsubstantiated as quantum verified within limits via log-books - Pending NOC applications to be decided within 30 days; CGWA to monitor compliance, initiate action against violators including recovery of compensation from notification date. (Paras 6, 23)
Facts of the case:
Applicant alleged multiple liquor factories in over-exploited groundwater zone operating without CGWA NOC, violating 2020 notification, causing depletion. Tribunal constituted joint committee; report confirmed 14/19 inspected units operational with valid/pending NOCs, 4 closed, 1 unrelated; no excess extraction found.
Findings of Court:
CGWA directed to enforce 2020 guidelines, prevent unauthorized extraction via SOPs, recover compensation for illegal abstraction, dispose pending applications within 30 days, monitor permitted quantum; Chief Secretary to oversee State compliance; application disposed.
Issues: Whether industries in over-exploited zone extracting groundwater without valid CGWA NOC violate law; enforcement mechanism for guidelines including penalties/compensations.
Ratio Decidendi: Strict NOC compliance mandatory in over-exploited areas; operational units with valid/pending NOCs permitted, others closed; CGWA responsible for monitoring, coercive action against illegal extraction to protect groundwater per sustainable development/precautionary principles.
Result: Original Application disposed with directions to CGWA/authorities for enforcement.
| Table of Content |
|---|
| 1. liquor factories violate cgwa noc rules in over-exploited zone. (Para 1 , 2 , 4) |
| 2. joint committee verifies noc compliance and operations. (Para 3 , 6) |
| 3. industries claim valid nocs, renewals, and conservation measures. (Para 5 , 7 , 8 , 9 , 10 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. pending nocs require cgwa monitoring and action. (Para 11 , 12 , 13 , 20) |
| 5. regulatory framework based on supreme court and ngt precedents. (Para 21 , 22) |
| 6. enforce cgwa rules, close illegal extractions, dispose application. (Para 23 , 24) |
JUDGMENT
1. The submission of the applicant is that the District-Alwar is marked as Over Exploited Zone as the groundwater level of this region is quite low. In-spite of this fact several liquor factories are running in Excise Division of Alwar without any No Objection Certificate and without any NOC from the Central Groundwater Authority, which is required to be issued and obtained according to rules.
2. The submission of the applicant is that the conduct of the respondents are in violation of Notification dated 24.09.2020 issued from Ministry of Jal Shakti, Department of Water Resource, River Development and Ganga Rejuvenation (Central Groundwater Authority).
3. The matter was taken up by this Tribunal and a joint committee was constituted with direction to submit the factual and action taken report and notices were issued to the respondents to submit the reply. The members of the committee visited the site and submitted the report, which is on record. Respondents have filed the reply. Heard the Learned Counsel for the parties and perused the record. The contention and submission of the applicant in person are that the level of ground water in Alwar is 28.00 meters and the average decline rate of groundwater in Alwar is 0.06 meters. Hence, from the information received in response to the 1st RTI it was clearly visible that the District of Alwar in Rajasthan has low ground water level as per the CGWA Rules and that 14 Panchayat Samiti of Alwar comes under the over exploited category (Dark Zone). It is further submitted that there are six factories in Excise Division of Alwar exploiting the ground water and there are a total number of 13 factories in the Excise Division of Behror. A total amount of more than Rs.5918334259.9/- crore of revenue are generated in last 10 years in the District Department of Alwar from 06 liquor factories. There is exploitation of ground water by liquor as well as other factories without the authority from the Central Ground Water.
4. It is further contended that the liquor factories running in the Excise Division of Alwar are of 06 in numbers but, was shocked to know that only 01 factory out of the 06 factories have NOC to install borewell for use of water for industrial purpose as per the Central Ground Water rules. Further, in the Excise Division of Behror there are 13 Liquor factories but no factories have NOC to extract water for commercial purposes and that out of 06 factories in Alwar 03 factory namely –Carlsberg India Pvt. Ltd., United Spirits Ltd. And Vintage Distilleries had started their liquor manufacturing in Alwar, Rajasthan since 01.06.2006,05.11.1988, 13.09.1973 respectively. Based on the records downloaded from the official website of the Central Ground Water Authority it was found that all the liquor factories of Alwar Division except Vintage Distillery have no valid NOC. Also Vintage Distillery had the NOC for 01 borewell but it was consuming more water than what it was approved by the Central Department of ground water. The district of Alwar comes under the ‘over exploited zone’. Hence no approval can be given to these liquor industries to carry out the business of manufacturing of liquor . Therefore, the approval given to these industry by ‘Rajasthan State Pollution Control Board’ as well as the Excise Department of Alwar is a gross violation of rules framed by the Central Ground Water Authorities rules. That the factories are running for year and also the
