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2025 Supreme(Online)(NGT) 1724
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
SHEO KUMAR SINGH, J, DR. AFROZ AHMAD, ACJ
Haider Ali – Appellant
Versus
Ansal Town and Housing Society, Tulaera – Respondent
Original Application No. 174/2024 (CZ)
For the Applicant(s): Mr. Satyam Shekhar, Adv.
For the Respondent(s): Mr. Prateek Jain, Adv., Mr. Ritesh Vishwakarma, Adv., Mr. Rachit Soni, Adv. (for Mr. Shoeb Hasan Khan, Adv.), Mr. Vaibhav Thakuria, Adv., Mr. Gigi George, Adv.
Groundwater extraction without NOC is illegal, emphasizing regulatory compliance and the issuance of penalties by the CGWA for violations.
Headnote:(A) Environmental (Protection) Act, 1986 - Section 13 - Ground water extraction without permission from competent authorities and No Objection Certificate (NOC) from Central Ground Water Authority (CGWA) - Respondent questioned for establishing borewells without valid NOC due to non-compliance with guidelines, requirements for NOCs and penalties outlined, leading to questioning of legality in the context of environmental regulations. (Paras 2, 5, 10, 11, 12)
(B) Accountability of Authorities - Regulatory bodies tasked to ensure compliance of environmental laws and monitor extractions, necessary for safeguarding water resources and enforcing penalties for violations effectively assessed through site inspections and committee reports. (Paras 2, 4, 12)
Facts of the case:
Applicant alleged illegal extraction of ground water by Ansal Town and Housing Society, prompting action by the CGWA and site inspection leading to issuance of a Show Cause Notice. Respondent claimed permissions which were examined in context of the EIA requirements.
Findings of Court:
The Tribunal accepted that no violations were found warranting action against the Respondent regarding the necessity for environmental clearance, taking into account the built area and compliance status of NOC conditions.
Issues: Legality of borewell establishment without NOC, environmental compliance, and authority’s jurisdiction in enforcing NOC conditions were critical issues determined.
Ratio Decidendi: Tribunal acknowledged the necessity of proper regulatory compliance and monitoring for groundwater extraction, establishing responsibility among authorities while finding no violations on part of the Respondent, dismissing the application.
Result: Application No. 174/2024 stands disposed of.
| Table of Content |
|---|
| 1. issue of groundwater extraction without necessary permissions. (Para 1 , 2 , 3) |
| 2. regulatory framework compliance enforced by cgwa. (Para 4 , 8 , 9) |
| 3. court's ruling on extraction legality and compliance. (Para 10 , 11 , 12) |
| 4. conclusion on application status. (Para 13) |
ORDER
1. Issue raised in this application is extraction of groundwater without permission from the Competent Authority and No Objection Certificate from the Central Ground Water Board/Authority by the Respondent No. 1.
2. The District of Alwar comes under the ‘Notified Area’ of CGWA and as per Section 13 of the Gazette Notification dated 24.09.2020 District Magistrate/District Collector/Sub-Divisional Magistrates of each Revenue District/Sub-Division as authorized officers, had been delegated the power to seal illegal wells, disconnect electricity supply to the energized well, launch prosecution against offenders etc. including grievance redressal related to illegal extraction of groundwater through borewell/tubewell.
3. The matter was taken up by this Tribunal and a committee was constituted with directions to submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :
“Observations: - Joint team visited M/s Ansal Town and Housing Society, Tulaera, Alwar on 19.09.2024 to verify the contents/ grounds raised by the applicant. During inspection, Sh. Ravi, Marketing was present as representatives of Ansal Town & Housing Project.
During the site visit the joint committee; it is observed that 02 borewells were established and running within the Ansal Town and Housing Society.
The unit has a 100 KLD sewage treatment plant for treating domestic waste water, during inspection the STP was found operational and the treated water was being used for gardening.
Besides above, the details of action taken / correspondence made by CGWA in the matter are as follows –
1. As per the records of the CGWA, Ansal Town Housing Society at Tuleda near Sardar Police Station, Alwar applied for groundwater NOC to CGWA on NOCAP vide Application No. 21- 4/20003/RJ/INF/2024 named as Plotted Township Project Phase-1 Developed By Cross Bridge Developers Private Limited for Proposed Ground Water withdrawal of 261.00 m3/day under the residential plotted colony category on 20.09.2024 and application is under process.
2. A Show Cause Notice via जीडኚᮍूए / डኚᮍूआर / काराणबताओनोटिस / 2024 - 266 /2024-266, dated 01.07.2024 was issued against the the Ansal Town Housing Society at Tuleda near Sardar Police Station, Alwar for extracting Ground Water without valid NOC. A reply / correspondence received from Ansal Town Housing Society on 08.07.2024 and 30.07.2024, that they have permission from District Collector, Alwar vide letter no. टिकास /11/(100)-3624 dated 09.12.2011 for abstracting ground water for drinking purpose.
3. Provision of Compensation and Penalization: As per Ministry of Jal Shakti, CGWA guidelines via S.O. 3289 (E) dated 24.09.2020 and amendment notification dated 29.03.2023. That Extraction of ground water for commercial use by industries, infrastructure units and mining projects without a valid No Objection Certificate from appropriate authority shall be considered illegal and such entities shall be liable to pay Environmental Compensation for the quantum of ground water so extracted and suitable penalties applicable for non- compliance of CGWA guidelines.
4. That as per Section 13 .0 of Notified MoJS guidelines issued on 24.09.2020 vide (S.O.3289(E), Central Ground Water Authority has appointed the District Magistrate/District Collector/Sub Divisional Magistrates of each Revenue District/Sub Division as authorized officers, who have been delegated the power to seal illegal wells, disconnect electricity supply to the energized well, launch prosecution against offenders etc. including grievance redressed platform related to ground water in their respective jurisdictions Action Taken/ Propose
