Laws, Courts & Judgments.

National Green Tribunal Ruling on Illegal Groundwater Extraction

Overview of the Case

On February 10, 2025, the National Green Tribunal (NGT) addressed a significant environmental issue concerning the illegal extraction of groundwater by Apna Ghar Shalimar and associated entities. The case, Original Application No. 121/2024(CZ) , was presided over by Justice Sheo Kumar Singh and Dr. A Senthil Vel . The applicant, Haider Ali , raised concerns about the operation of over two dozen bore wells without the necessary approvals from the Central Ground Water Authority (CGWA), violating the Environment (Protection) Act, 1986 .

Key Parties Involved

• Applicant : Haider Ali
• Respondents : Apna Ghar Shalimar & Others
• Legal Representatives :
• For the Applicant: Mr. Gaurav Kumar Verma
• For the Respondents: Mr. Gigi C. George, Mr. Amit Singh, Mr. Rohit Sharma, Mr. Tarun Singla, Mr. Rishabh Kumar

Arguments Presented

Applicant's Position

The applicant contended that Apna Ghar Shalimar had installed multiple bore wells without obtaining the required No Objection Certificate (NOC) from the CGWA, which is mandatory for groundwater extraction in notified areas. The applicant emphasized that this action not only contravened environmental regulations but also posed a risk to local water resources.

Respondent's Defense

The respondents argued that they had initiated steps to obtain the necessary NOC and had complied with certain environmental regulations. They claimed that the maintenance of the housing project had been handed over to the Resident Welfare Association, and they were in the process of addressing the issues raised by the authorities.

Legal Precedents and Principles

The Tribunal referenced previous rulings, including directives from the Supreme Court regarding the establishment of the CGWA and the necessity for obtaining permissions for groundwater extraction. The court reiterated that any extraction without valid authorization is illegal and subject to penalties under the CGWA guidelines .

Judgment Excerpts

The Tribunal noted, "Extraction of groundwater for commercial use without a valid NOC shall be considered illegal and such entities shall be liable to pay Environmental Compensation for the quantum of groundwater extracted." This statement underscores the Tribunal's commitment to enforcing environmental laws and protecting water resources.

Final Decision and Implications

The NGT directed the CGWA to take necessary actions against Apna Ghar Shalimar for illegal groundwater extraction, including sealing unauthorized bore wells and imposing environmental compensation. The Tribunal also mandated that the CGWA ensure compliance with its guidelines and take swift action against any future violations.

This ruling serves as a critical reminder of the legal obligations surrounding groundwater management and the importance of adhering to environmental regulations to safeguard natural resources.

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This decision not only impacts Apna Ghar Shalimar but also sets a precedent for other entities engaged in similar activities, reinforcing the necessity of compliance with environmental laws.