The National Green Tribunal remind authorities “Illegal Extraction of Ground water is a Criminal Offence under the Environment Protection Act”, while dealing with plea related to repeated allegations on tankers Mafias engaged in illegal extraction of ground water through ground water filling plants.
“we reiterate our directions for devising suitable effective mechanism for preventing extraction of ground water by way of unauthorized tubewells and wherever such illegalities found, prompt coercive measures must be taken. Illegal extraction of ground water is a criminal offence under the EP Act. Compensation must be recovered on the formula already laid down.” said the NGT Principal Bench.
The bench directed the Chief Secretary, Delhi to call a meeting of all concerned within one month and oversee preparation of an appropriate SOP for fixing responsibility on the subject. Ministry of Jal Shakti has also been directed to take necessary steps in the matter.
The bench presided by Chairperson Justice Adarsh Kumar Goel was hearing an application filed by Rakesh Kumar, a resident of Delhi alleging operation of water filling plants without license and supplying contaminated water to the residents at the Kashmere Gate.
The Tribunal had earlier constituted an independent Monitoring Committee, headed by former Judge of the Delhi High court, Justice SP Garg, to look into the issue of unauthorized borewells existing at many locations in Delhi.
The committee submitted a report with its findings that 14,231 borewells were illegally operating in Delhi and 15 per cent of the groundwater had reached below 40 meters. The committee further informed the Tribunal that subsidy in the form of free water was being misused and ground water was being freely extracted without any action being taken by the authorities.
The bench after going through the report submitted by Delhi Jal Board observed that “there is nothing to show the analysis of quality of water with a view to take remedial action against the supply of contaminated water, if any. The reports do not show the seriousness required in dealing with the situation. The senior officers seem to have avoided their responsibility and left the matter to lower level officers.”
“A copy of the order be forwarded to the Chief Secretary, Delhi, Secretary, Ministry of Jal Shakti, Govt. of India, DJB, CPCB, DPCC, Commissioners of all Municipal Corporation of Delhi, all the District Magistrates in Delhi and Justice S.P. Garg, former Judge of Delhi High Court,” said the bench.
The matter has been listed for next hearing on August 17.
Read the Full Order Here;
orderlist-1-1-India Legal Bureau