The Delhi High Court has stayed the sealing order of a borewells in a residential colony in Delhi while stating that the water shortage and the impending summer season, sealing of the borewells is likely to create enormous difficulties to the residents of Colony.
A single-judge bench of Justice Prathiba M Singh has said the order shall be applicable to those who are residing in the area where the petitioner’s members reside. A writ petition was filed by the residents of Vivekanand Puri in North Delhi against the order of sealing of borewells in the residential colony.
The Delhi High Court said considering the fact that the impugned order for sealing was passed way back on 29th November, 2019 and no steps have been taken for sealing of the same, now that the Court is seized of the matter, to seal the same today would be completely contrary to the spirit of order dated 5th March, 2021.
The Court had on the previous hearing on 5th March 2021, had directed the DJB to draw samples of the water in order to see if the said water is consumable, in accordance with the orders passed by the National Green Tribunal.
The Court has also taken note that it had only directed the DJB to draw samples of the water in order to see if the said water is consumable, in accordance with the orders passed by the National Green Tribunal.
“Pursuant to the Order dated 5th March, 2021, today, the authorities are stated to have reached the colony and threatened to take steps towards sealing of the borewells,” noted the Court in its March 9, order.
Justice Prathiba Singh has further said, “considering the water shortage and the impending summer season, sealing of the borewells is likely to create enormous difficulties to the residents of the colony. Accordingly, it is directed that the borewells in the Petitioner’s colony shall not be sealed. The samples shall be drawn in accordance with order dated 5th March, 2021. The same shall be analyzed and an analysis report shall be placed on record.”
The Court has heard the matter on the oral mentioning done by the counsel for the Vivekanand Puri Development Council.
The Court said it would hear the matter on the date already fixed i.e. 22nd July, 2021.
The Court had also directed the Central Groundwater Authority and the Delhi Jal Board to place affidavits on record in respect of the interpretation of the notification dated 12th July, 2010 issued by the Department of Environment, Forest and Wildlife of the Delhi Government as to which would be the competent authority for the purpose of granting permission for use of borewells in GNCTD. The affidavit shall be placed on record after considering the notification issued by the Ministry of Jal Shakti dated 24th September, 2020
Read the order here;
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