NGT asks panel to take remedial action in illegal groundwater extraction

The National Green Tribunal has directed a panel to take remedial measures over alleged illegal extraction of groundwater by 536 hotels in the bustling Paharganj locality in the national capital.

While hearing a petition seeking execution of the tribunal's earlier order passed in April 2021, the NGT also directed the panel to look into the legality of groundwater extraction by the hotels and similar establishments, besides their compliance with norms, including consent conditions for extraction, and groundwater availability and replenishment measures.

The petition had sought an injunction against "illegal" withdrawal of groundwater by 536 hotels operating in Paharganj.

A bench of chairperson Justice A K Goel said though any application which clubbed multiple causes of action was not permissible under the rules, the tribunal could exercise suo motu (on its own) jurisdiction if there are serious violations of environmental norms.

The bench, also comprising judicial member Justice Sudhir Agarwal and expert members A Senthil Vel and Afroz Ahmad, said it was going into the merits of the matter noting the serious allegations which, if true, showed a serious violation of norms and the judgement of the Supreme Court by individuals and authorities concerned.

As per averments in the application, on the intervention of the Environment Minister, illegalities have been allowed to continue to the detriment of the environment and the rule of law, the bench said.

Noting the averments, the bench said the sub-divisional magistrate (SDM) concerned and Delhi Pollution Control Committee (DPCC) issued notice to 536 hotels and other establishments for violations in August 2021, following which 206 hotels filed replies and closure orders were passed against 330 hotels.

In spite of this, notices were withdrawn and not acted upon in breach of rule of law and environmental norms. The matter appeared in media news but the clear violation is allowed to continue which needs to be remedied, the bench said.

The green panel referred to its earlier order regarding illegal extraction of groundwater by hotels in Uttar Pradesh, where it had directed the sealing of all establishments operating without mandatory consent, besides recovery of interim compensation.

...let a joint committee of ministry of environment, forest and climate change (MoEF&CC), central pollution control board (CPCB), Delhi pollution control committee (DPCC), central groundwater authority (CGWA), and District Magistrate, New Delhi, look into the matter and take remedial measures in coordination with concerned authorities, following due process. CPCB and DPCC will jointly act as the nodal agency for coordination and compliance, the NGT said.

It said asked the committee to give a factual and action taken report within two months.

The committee may look into the issue of the status of legality of groundwater extractions and compliance of norms for such extractions, groundwater availability at relevant locations and replenishment measures being done and status of compliance with consent conditions granted under Water Act and Air Act, it said.

The matter has been posted for further proceedings on July 14.