Back
2024 Supreme(Online)(NGT) 5608
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 In Original Application No. 176/2015
For the Petitioner: IN PERSON
For the Respondent:
CGWA must strictly regulate groundwater extraction in stressed areas to prevent depletion, rejecting lax guidelines and charges as substitutes.
Headnote:(A) National Green Tribunal Act, 2010 - S.20, S.26 - Environment (Protection) Act, 1986 - S.3(3) - CGWA Guidelines 2020 - Ground water extraction by hotels without permission from CGWA in over-exploited, critical, semi-critical areas - Unregulated commercial extraction depletes groundwater, risks scarcity - CGWA compliance report rejected for defending lax guidelines, ignoring Tribunal's binding judgment - CGWA directed to submit fresh compliance report within 3 months, recognizing statutory duty to regulate extraction, prevent depletion under precautionary principle, sustainable development, public trust doctrine. (Paras 2, 4-8)
Facts of the case:
Applicant Shailesh Singh filed OA 176/2015 against hotels extracting groundwater commercially without CGWA permission, causing depletion. Tribunal's 25.02.2022 judgment critiqued CGWA Guidelines 2020, directed reforms. CGWA's 13.09.2022 report defended guidelines, rejected by Tribunal in M.A. 89/2022.
Findings of Court:
CGWA report vague, industry-biased, fails to address depletion in stressed areas; judicial notice of global scarcity examples (Cape Town, Bangalore); CGWA must prioritize regulation over charges.
Issues: Whether CGWA Guidelines 2020 adequately regulate groundwater extraction in OCS areas; compliance with Tribunal's directions for prevention of depletion, recharge.
Ratio Decidendi: Tribunal judgments binding on CGWA; non-compliance offence under S.26 NGT Act; extraction in stressed areas must be planned, not licensed via charges; CGWA mandate under Supreme Court order to conserve groundwater.
Result: M.A. disposed, CGWA to file fresh compliance report.
| Table of Content |
|---|
| 1. hotels illegally extract groundwater without cgwa permission, depleting levels. (Para 1 , 2) |
| 2. cgwa report defends lax guidelines point-by-point. (Para 3) |
| 3. cgwa prioritizes industry over conservation in stressed areas. (Para 4 , 5 , 6 , 7) |
| 4. reject report; direct fresh compliance within 3 months. (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
