National Green Tribunal
Pritipal Sharma vs Department Of Environment on 6 April, 2026
Item No. 1B Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
I.A. No. 693/2025 and I.A. No. 694/2025
In
Original Application No. 639/2022
Pritipal Sharma Applicant
Versus
Department of Environment & Ors. Respondents
For the Applicant:
Mr. Kartik Virmani, Proxy counsel for Mr. M.P. Sahay, Advocate for the Applicant. Applicant in person.
Amicus Curiae:
Mr. Raj Panjwani, Senior Advocate.
For the Respondents:
Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for respondent no. 1, 4 and 10.
Mr. Gi Gi George, Advocate for respondents no. 2 and12. Ms. Priyanka Swami, Advocate for respondents no. 3 and 11. Mr. Tarun Cummra, Advocate for respondent no. 5.
Ms. Sakshi Popli, Advocate for DPCC (through VC).
For the Intervenor Applicants:
Mr. Sandeep Misra and Mr. Saumyajit Deb, Advocates for Applicant in I.A. No. 693/2025 & 694/2025.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER 1 _____________________________________________________________________________ Order reserved on:- 29.01.2026 Order pronounced on:- 06.04.2026 ________________________________________________________________________ Order
1. This order disposes of I.A No. 693/2025 and 694/2025 filed by intervenor applicants-Mr. Satnam Singh and Mr. Anurag Dua.
2. The facts giving rise to filing of the above said interlocutory applications are that Mr. Pritipal Sharma filed the present Original application registered as O.A. 639/2022 raising grievances that respondent No. 5, who is owner of the plot adjoining House No. GI-2035, Aya Nagar, New Delhi - 110047 and the plot on the opposite side of the street in front of House No. GI-2038, Aya Nagar, New Delhi - 110047, has installed borewells in the above said plots without permission from the Delhi Jal Board (DJB) and he is extracting groundwater for commercial purposes without obtaining No objection certificate (NOC) from the Central Ground Water Authority (CGWA) and is supplying the same to residents of Aya Nagar and beyond through water tankers/tractors. This Tribunal constituted a Joint Committee comprising representative of Central Ground Water Authority, Delhi Jal Board, DPCC and Deputy Commissioner, South Delhi to verify the factual position and submit its report within one month which filed various report in compliance to the orders passed by this Tribunal.
3. The matter was heard by this Tribunal on various dates including 28.05.2025 on which date this Tribunal issued directions mandating that only GPS-fitted tankers shall be used for the supply of water for commercial purposes in the National Capital Territory of Delhi and registration of FIRs for illegal extraction of groundwater. 145 Illegal Water Tankers were seized, which were found plying without GPS or GNCTD permission for 2 transportation of groundwater in contravention of the directions of this Tribunal and 145 First Information Reports (FIRs) were registered during the period from 16.09.2025 to 15.10.2025. FIR No. 500 dated 07.10.2025 was registered under Sections 303(2) and 223(a) of the Bharatiya Nyaya Sanhita, 2023 in Police Station Lajpat Nagar, Delhi against applicant Satnam Singh and FIR No. 702 dated 24.09.2025 was registered under Section 303 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 5 and /15 of the Environment (Protection) Act, 1986 in Police Station Sarita Vihar, Delhi against Anurag Dua. During investigation in view of the relevant documents produced by the owners of the tankers and statements of the witnesses showing that the Tankers were transporting the treated STP water, final reports were filed by the Police in both the cases.
4. I.A. No. 693/2025 has been filed by the intervenor applicants-Mr. Satnam Singh and Mr. Anurag Dua for impleadment in the present original application.
5. I.A. No. 694/2025 has been filed by the applicants-Mr. Satnam Singh and Mr. Anurag Dua for modification and clarification that the directions contained in the order dated 28.05.2025 in O.A. No. 639/2022 in paragraph 39-40 pertain only to the extraction, transport, and sale of groundwater from unauthorized borewells, and do not apply to the use or supply of treated sewage water (STP water) and the vehicles carrying STP Water. The applicants have also sought issuance of directions to the Commissioner of Police, Govt. of NCT of Delhi, Delhi Jal Board and all concerned authorities not to initiate or pursue FIRs or coercive Legal actions against any person engaged in lawful supply of STP-treated water and issuance of directions to the Govt. of NCT of Delhi and Delhi Police and DJB to issue appropriate public clarifications and advisories distinguishing between groundwater extraction and treated STP water reuse.
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6. The applicants have submitted that this Tribunal vide order dated 28.05.2025 directed that only GPS-fitted tankers shall be used for the supply of water for commercial purposes in the National Capital Territory of Delhi and directed for registration of FIRs for illegal extraction/transportation of groundwater. The intent of the order was to prevent illegal extraction of groundwater from unauthorized borewells and the commercial sale of groundwater in contravention of law. The above said order does not prohibit the use, transport, or supply of STP-treated water in Delhi. Rather, paragraph 38 of the order specifically restricts the use of non-GPS fitted tankers in the context of commercial water supply derived from borewells, while paragraphs 39 and 40 deal solely with illegal extraction of groundwater, punishable as theft. Treated STP water does not fall within the ambit of "groundwater extraction" and cannot be treated as theft of groundwater, as contemplated under paragraphs 39 and 40 of the order dated 28.05.2025. The applicants have all permission, authority, license empanelled with Delhi Jal Board as authorized Agencies for providing hired tankers to transport the treated effluent from various sewage treatment plants of Delhi Jal Board. The applicants are aggrieved by order dated 28.05.2025 as the directions of the Tribunal are presently being misinterpreted and misapplied by enforcement authorities mainly by Delhi Police as being applicable to treated effluent water supplied from Sewage Treatment Plants (STPs) of Delhi Jal Board to authorized empanelled agencies as per the procedure mentioned by Delhi Jal Board.
The misinterpretation of the order has resulted in the registration of various FIRs, seizure of water tankers and coercive action against the Applicants and other similarly placed entities engaged in the lawful supply of treated STP water received from the authorized plants of Delhi Jal Board as per the procedure established by Delhi Jal Board. This has caused serious prejudice, harassment, and disruption of lawful operations, 4 defeating the very objectives of sustainable water reuse, circular water economy, and environmental management promoted under the Water (Prevention and Control of Pollution) Act, 1974, the National Water Policy, 2012, and various orders of this Tribunal wherein this Tribunal itself mandated no use of fresh water for horticulture, cleaning, construction etc. and promoted the maximum re-use of STP water in NCT of Delhi for purposes such as construction, horticulture, cleaning, construction, cooling plants, DTDC Vehicles cleaning, Metro construction, Biodiversity Parks, DMRC Projects, Central Vista Redevelopment Projects, Malls, Hospital, Smoke Gun and dust suppression. The applicants have also referred to News article published in The Indian Express highlighted that police action and seizure of STP tankers have disrupted water supply for horticulture, cleaning, cooling, and construction at public facilities such as malls, hospitals, and IGI Airport. The applicants have prayed for their impleadment and also for issuance of clarification being necessary to prevent further misuse of the order, to safeguard lawful environmental practices, to ensure that enforcement agencies act strictly within the scope and intent of the directions dated 28.05.2025 and to prevent harassment of agencies and individuals engaged in environmentally beneficial activities of water reuse and resource recovery promoted under national and state environmental policies.
7. Action Taken Report dated 02.12.2025 has been filed by the Delhi Police. In the Action taken report it has been submitted that there was no misinterpretation of the directions issued by this Tribunal. The required compliance was duly carried out in letter and spirit by all District Deputy Commissioners of Police within their respective jurisdictions. Consequently, special drives and surprise inspections were conducted to identify illegal borewells, and stringent legal action was taken against water 5 tankers operating without GPS installation or requisite permission from the GNCTD, thereby ensuring adherence to environmental laws.
8. Reply dated 20.12.2025 to I.A. No. 694/2025 has been filed by the Delhi Jal Board (DJB) vide email dated 23.12.2025. In its reply DJB has submitted that the treated STP water is a processed by-product of wastewater treatment and does not fall within the definition of "groundwater" under any environmental or statutory framework and DJB issues proper letters / orders to the agencies / contractors / Firms which are permitted to lift treated effluent water from its designated Sewage Treatment Plants strictly for non-potable and environmentally compliant purposes. All the record of tankers collecting the treated wastewater from the designated STPs is always maintained and proper entries are made at the STP gates. The receipts and tokens are issued by DJB for every load of treated water lifted and vehicle deployment is carried out as per DJB's guidelines, including the use of GPS-enabled tankers, wherever required. Order dated 28.05.2025 in O.A. No. 639/2022 regulates only illegal extraction of groundwater from unauthorized borewells. It does not prohibit the transport or supply of treated wastewater generated and supplied by DJB. The directions contained in paragraphs 38, 39 and 40 of the said order deal solely with commercial misuse of groundwater and mandate action against tankers that extract or carry groundwater without permission. These directions do not apply to DJB-Supplied treated STP water. This Tribunal has, on multiple occasions, encouraged maximum utilization of treated wastewater for construction, horticulture, road sprinkling, cooling, and similar activities, with the objective of reducing dependence on groundwater and promoting sustainable water use.
9. Reply/clarification dated 12.01.2026 has been filed by DJB vide email dated 15.01.2026. In the reply/clarification dated 12.01.2026 DJB has submitted that the authorized agencies are permitted to lift treated 6 effluent water after depositing the requisite charges with DJB through a Demand Draft. Upon submission of the said Demand Draft, the agency is allowed to lift treated water strictly to the extent of the quantity/value covered by the Demand Draft and no lifting beyond the sanctioned amount is permitted. The lifting of treated water is continuously monitored and regulated by DJB, and once the amount covered under the Demand Draft is exhausted, the agency is required to deposit a fresh Demand Draft before any further lifting is allowed. Proper entries are made at the STP gates, receipts and tokens are issued by DJB for each load of treated water lifted, and tanker deployment is carried out in accordance with DJB's updated guidelines, including the use of GPS-enabled tankers wherever mandated.
10. We have heard submissions made by the learned Counsels for intervenor applicants Mr. Satnam Singh and Mr. Anurag Dua, learned Counsel for the original Applicant, learned amicus curiae and learned counsels for respondents and have gone through the material on record.
11. It may be observed here that intervenor applicants have filed I.A No. 693/2025 and 694/2025 merely due to registration of FIRs against them and have accordingly sought impleadment and modification/clarification of order dated 28.05.2025. However, in view of the substantial environmental questions involved in the present case related to the illegal abstraction and transportation of ground water as per their own case, the intervenor applicants cannot be said to be necessary parties to mandate their impleadment in the case. It may be observed here that any person affected by any order passed by this Tribunal will be entitled to seek recall/modification/clarification/review of the same but for the same impleadment of such person as party to the case is not mandatorily required if such person is not necessary party to the substantial environmental questions involved. Accordingly, Since the intervenor 7 applicants are not necessary parties to the case, I.A No. 693/2025 is liable to be dismissed.
12. In the course of hearing of the Original Application vide order dated 28.05.2025 this Tribunal issued directions mandating that only GPS-fitted tankers shall be used for the supply of water for commercial purposes in the National Capital Territory of Delhi and registration of FIRs for illegal extraction of groundwater. The relevant part of the order reads as under:-
" 38. In the facts and circumstances of the case we direct that only GPS fitted tankers should be used for supply of water for commercial purposes in the National Capital Territory of Delhi. The Chief Secretary, Government of NCT of Delhi is directed to issue appropriate instructions in this regard.
39. In State (NCT of Delhi) Vs. Sanjay, 2014 (9) SCC 772 Hon'ble Supreme Court had observed that in case of illegal river bed sand mining FIR for offence of theft under Section 378 of the Indian Penal Code, 1860 can be registered. In our considered view the observations in that case hold good with reference to illegal extraction of ground water also and FIR under Section 378 of the Indian Penal Code, 1860/Section 303 of Bharatiya Nyaya Sanhita, 2023 can be registered.
40. The Commissioner of Police, Government of NCT of Delhi is directed to ensure that any tanker not fitted with GPS and not permitted by Government of NCT of Delhi shall be immediately seized and criminal case for theft of water shall be registered against the violator and action in accordance with law be taken against him."
13. Reply affidavit dated 12.09.2025 was filed by Deputy Commissioner (HQ), Department of Revenue, Govt. of NCT of Delhi. In reply affidavit dated 12.09.2025 Deputy Commissioner (HQ), Department of Revenue, Govt. of NCT of Delhi submitted that as regards compliance with para 38 of Order of this Tribunal, that only GPS fitted tankers should be used for supply of water for commercial purposes in the National Capital Territory of Delhi, an order dated 12.09.2025 has been issued by the Revenue Department (NGT Branch). The said order also noted the earlier notification dated 10.01.2014 issued by the Department of Environment, GNCT of Delhi, with the approval of Hon'ble Lt. Governor, Delhi for mandatory installation of 8 GPS in all water tankers enabling monitoring of their movement in Delhi. The said notification provides inter-alia as follows:-
"(13). All water supply tankers supplying water in Delhi to have mandatory registration with the Competent Authority i.e. Delhi Jal Board/ New Delhi Municipal Council, as the case may be. The Competent Authority shall also ensure mandatory installation of GPS in all tankers enabling monitoring their movement in Delhi. Further, the Competent Authority shall regularly monitor quality of water supplied through tankers, as per drinking water standards IS:
10500:2012. The Competent Authority shall also specify water supply charges for sale of water by the tanker owners."
14. By order dated 12.09.2025 Deputy Commissioner (Revenue), Delhi Police and Transport Department, GNCT have been directed to ensure strict compliance and initiate action against the violators not having mandatory registration of water supply tankers and their unauthorized movement in Delhi.
15. It may be observed here that there is no dispute with the following propositions:-
(i) that the treated STP water is a processed by-product of STP water after treatment and does not fall within the definition of "groundwater" under any environmental or statutory framework; and
(ii) that this Tribunal has, on multiple occasions, encouraged maximum utilisation of treated wastewater for construction, horticulture, road sprinkling, cooling, and similar activities, with the objective of reducing dependence on groundwater and promoting sustainable water use.
16. However, these propositions do not exclude applicability of the directions issued by this Tribunal vide order dated 28.05.2025 particularly 9 so when the expression water used in order dated 28.05.2025 was not restricted to ground water and included STP treated water also. The directions were thereby issued for the purpose of monitoring supply of water in Delhi to prevent illegal abstraction of ground water but the directions were intended to apply to all tankers supplying water in Delhi for commercial purposes and were not restricted to tankers supplying ground water only. The tankers transporting STP treated water also supply water for commercial purposes although evidently for non-potable and non-drinking purposes. No prejudice/harm will be caused to the owners/drivers of the tankers supplying STP treated water if the tankers are fitted with GPS. On the other hand fitting of GPS in the tankers transporting STP treated water will enable monitoring of their movement in Delhi in order to prevent their misuse for transportation of ground water for commercial purposes. It may be observed here that in its replies DJB has tried to support the case of the intervenor applicants for modification/clarification of order dated 28.05.2025 by advocating that order dated 28.05.2025 does not apply to transportation of STP treated water and has deliberately suppressed/withheld information regarding requirement of fitting of GPS in such tankers as per DJB Guidelines/GNCT of Delhi Orders but at the same time DJB has mischievously tried to play smart by pleading that "tanker deployment is carried out in accordance with DJB's updated guidelines, including the use of GPS-enabled tankers wherever mandated" without clarifying whether the applicants were required to get GPS fitted in their tankers. What motive the concerned Officers of the DJB have to avoid fitting of GPS in tankers transporting STP treated water needs to be looked into by the DJB which ought to have made fitting of GPS in tankers transporting STP treated water mandatory to remove the possibility of misuse of such tankers for transportation of ground water and also to remove the possibility of a project proponent abstracting and using ground water through illegal borewell in large 10 quantity and relying upon documents regarding payment to DJB for supply of STP treated water and payment of transportation charges to the Tanker owner in smaller quantity which will go without detection in the absence of appropriate GPS based monitoring mechanism. Even though DJB has submitted that the lifting of treated water is continuously monitored and regulated by DJB, and proper entries are made at the STP gates, receipts and tokens are issued by DJB for each load of treated water lifted, and tanker deployment is carried out in accordance with DJB's updated guidelines, including the use of GPS-enabled tankers wherever mandated but small note book containing entries with respect to individual tanker was produced before this Tribunal and record regarding date wise entries made regarding all tankers with names of owner, driver, number of tanker and quantity of STP water and counterfoils of tokens issued was not produced before this Tribunal which belies the claims made by DJB. The fact that the drivers of Tankers transporting STP treated water did not carry gate pass and token issued by DJB leading to seizure of the tanker and registration of FIRs also demonstrates fallacy of the claims made by DJB and gaps in the monitoring system which need to be plugged.
17. In order dated 23.12.2025 this Tribunal observed that Action taken Report dated 02.12.2025 has been filed by the Delhi Police and reply dated 20.12.2025 to I.A. No. 694/2025 has been filed by DJB. In action taken report, Delhi Police has mentioned about filing of cancelation reports in respect of FIR No. 500/2025 registered in Police Station, Lajpat Nagar under Sections 303 (2) and 223 (a) BNS, P.S. Lajpat Nagar against Manoj Kumar in respect of transportation of water by Tanker No. NL 01 AH 2412 and FIR No. 702/2025 dated 24.09.2025 registered under Sections 303 BNS and Section 5/15 E.P. Act, 1986 P.S. in Police Station, Sarita Vihar against unknown persons in respect of transportation of water by Tanker No. DL 1LAF 7337. In para no. 7 of its reply dated 20.12.2025, DJB has 11 submitted in reference to Tanker No. NL-01- AH-2412 that the details of the tanker do no match with the record maintained at the filing point of Okhla STP and in respect of Tanker No. DL-1L-AF-7337 that above said tanker did not lift treated effluent on the date of FIR i.e. 24.09.2025. However, DJB mentioned in its reply that Tanker No. NL-01-AH-2414 lifted the treated effluent from the aforementioned filling point on 07.10.2025. The Delhi Police and DJB were directed to file additional reports with copies of relevant documents with respect to the above-mentioned FIRs to explain the inconsistencies.
18. Reply/clarification dated 12.01.2026 has been filed by DJB vide email dated 15.01.2026. In the reply/clarification dated 12.01.2026 DJB has submitted that FIR dated 07.10.2025 suffers from a purely typographical error, which is not attributable in any manner to the DJB. In the entry register duly maintained at the Okhla Sewage Treatment Plant, it was clearly noted that the tanker which lifted treated effluent water on the relevant date bears Registration No. NL-01-AH-2414 and Token No. 4330. However, due to an inadvertent typographical mistake on the part of the Delhi Police, the tanker number has been incorrectly recorded in the FIR as NL-01-AH-2412, instead of the correct number NL-01-AH-2414. The said tanker is owned by one Satnam Singh who is empanelled with the DJB for lifting of the treated effluent. Satnam Singh is a duly authorized and empanelled contractor of the DJB for transportation of treated effluent water, commonly known as treated STP water. The empanelment was granted after due verification pursuant to DJB's advertisement dated 29.12.2018 and formal authorization was issued vide empanelment letter dated 27.05.2019. DJB has also issued subsequent circulars, including a letter dated 04.10.2025, clearly reaffirming that the said agency is an authorized entity permitted to lift treated water from designated Sewage 12 Treatment Plants of DJB, strictly for non-potable and environmentally compliant purposes.
19. Status report dated 13.01.2026 has been filed by Joint Commissioner of Police, Southern Range, New Delhi vide email dated 15.01.2026. In the Status report Joint Commissioner of Police, Southern Range, New Delhi has submitted the actual registration number of the seized water tanker was NL-01-AH-2414, according to the Rukka and Seizure Memo and the Final Report, but inadvertently, due to typographical mistake, it was typed as NL-01-AH-2412 in the FIR. DJB has also confirmed in their report that Water Tanker No. NL-01-AH-2414 has lifted treated effluent water from the filling point on 7.10.2025. Accordingly, the Cancellation Report in this case was filed in the Court. Regarding FIR No. 702 dated 24.09.2025 registered under Section 303 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 5 and /15 of the Environment (Protection) Act, 1986 in Police Station Sarita Vihar, Delhi Joint Commissioner of Police, Southern Range, New Delhi has submitted that during investigation, Tanker owner, namely Naimuddin Mian was examined who stated that the tanker was filled with treated effluent water from Okhla Sewage Treatment Plant (STP) on 22.09.2025, but due to illness of the driver, that water could not be supplied on the same day and remained parked for two days. On 24.09.2025, when the driver Manoj Chaudhary was carrying the same treated water which had been filled on 22.09.2025, he was intercepted by the police, and this case was registered for non-submission of the requisite documents at that point of time. The Delhi Jal Board, in its verification report, has also clarified that tanker No. DL-1LAF-7337 lifted treated effluent from the designated filling point on 22.09.2025, not on 24.09.2025. Based on the relevant record received from DJB, as well as statements from the owner and the interrogation report of the driver, it was established that the tanker was transporting treated STP 13 water on the date of registration of FIR, cancellation report was filed in the Court.
20. However, the fact remains that in both the cases the driver did not produce gate pass and transit pass/token regarding transportation of STP treated water to the police at the time of checking without any valid justification. However, the question of criminal liability in respect thereof has to be decided by the concerned Court in accordance with relevant statutory provisions.
21. In view of the above discussion, we clarify that order dated 28.05.2025 passed by this Tribunal applies to tankers transporting STP treated water also and DJB and owners of the tankers must ensure due compliance with the same.
22. In order to fill the gaps in the monitoring mechanism following additional directions are issued :-
(i) The DJB must issue gate pass and transit pass in duplicate at the time of filling of the tanker with STP treated water and must give one copy to the tanker driver and maintain second copy in its record.
(ii) The DJB must also maintain proper record in chronological order with serialized entries of all tankers which are supplied STP treated water with names of owner, driver, number of tanker and quantity of STP water.
(iii) In case of failure to do so CEO, DJB, concerned officer and concerned official will be liable to be prosecuted for non-compliance of the orders of this Tribunal under Section 26 of the National Green Tribunal Act, 2010 besides the statutory provisions under the Bharatiya Nyaya Sanhita, 2023 and the Environment (Protection) Act, 1986.
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(iv) The copies of the documents regarding supply of STP treated water including gate pass and transit pass issued by DJB must be carried by the tanker driver at the time of transportation of STP treated water and must be produced before the Police/Checking Officer at the time of checking.
(v) In case of failure to do so the driver and registered owner of the tanker will also be liable to be prosecuted for non-compliance of the orders of this Tribunal under Section 26 of the National Green Tribunal Act, 2010 besides the statutory provisions under the Bharatiya Nyaya Sanhita, 2023 and the Environment (Protection) Act, 1986.
23. In view of the above discussion, I.A No. 693/2025 is dismissed and I.A. no. 694/2025 is disposed of with clarification and further directions as mentioned above.
24. A copy of this order may be sent to the Chief Secretary, GNCTD and CEO, DJB and the Commissioner of Police, Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM April 06th, 2026 I.A. No. 693/2025 and I.A. No. 694/2025 In Original Application No. 639/2022 AG 15