National Green Tribunal
Pritipal Sharma vs Department Of Environment on 28 May, 2025
Items No. 05 & 06 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 639/2022
( I.A No. 281/2025, I.A No. 180/2025 )
Pritipal Sharma Applicant
Versus
Department of Environment & Ors. Respondents
WITH
Misc Application in Disposed of Cases No. 24/2023
In
Original Application No. 33/2022
Ganesh Prasad Applicant
Versus
Gov. of NCT of Delhi & Ors. Respondents
Date of hearing: 28.05.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Original Application No. 639/2022
Applicant: Mr. Jai Wadhwa, Advocate for the Applicant along with the
applicant in person.
Amicus Curiae: Mr. Raj Panjwani, Sr. Advocate.
Respondents: Mrs. Jyoti Mendiratta and Ms Ananya Basudha, Advocates for
respondent no. 1 and
Mr. Wairokpam Punshiba Singh, SDM, Mehrauli (Through VC).
Mr. Puneet Kumar Tiwari, Range Officer, DCF, (South),
Mr. Sumeet Pushkarna, Senior Advocate with Mr. Devanshu
Laking, Advocate for Chief Secretary for respondent no. 1.
Mr. Gi Gi George, Advocate for respondent no. 2.
Mr. A.D.N. Rao, Senior Advocate (Through VC) alongwith Ms Richa
Kapoor, Advocate, Ms. Atika Singh, Mr. Harsh Gautam, Advocates
for respondent no. 3.
Mr. Tarun Cummra and Mr. Subhash Chand Advocates for
respondent no. 5.
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Mr. Vinod Kumar, S.I., Police Station, Fatehpur Beri and Mr.
Chand Bir, S.I., Legal Cell District Dwarka.
Mrs. Sakshi Popli, Advocate for respondent no. DPCC (through
VC).
Mr. Dinesh Jindal, Law Officer for DPCC.
M.A in Disposed of Cases No. 24/2023 In Original Application No. 33/2022
Applicants: None for the applicant.
Respondents: Mrs. Jyoti Mendiratta and Ms Ananya Basudha for GNCTD & all
the DM's, Delhi with SDM, Mehrauli (Through VC) & Mr. Puneet
Kumar Tiwari, Range Officer, DCF, (South).
Mr. A.D.N. Rao, Senior Advocate (through VC) alongwith Ms
Richa Kapoor, Ms. Atika Singh and Mr. Harsh Gautam, Advocates
for DJB.
Mr. Sumeet Pushkarna, Senior Advocate with Mrs. Jyoti
Mendiratta, Mr. Devanshu Laking, Advocates, Mr. Dinesh Jindal
(ALO) for Chief Secretary (GNCTD).
Mr. Dinesh Jindal, Law Officer for DPCC (through VC).
ORDER
1. The applicant- Pritipal Sharma filed application under sections 14 and 15 read with Section 18 (1) of the National Green Tribunal Act, 2010.
2. The applicant raised the grievance against respondent no. 5- Rinku regarding digging of illegal borewell in plot adjoining house no. G.I. 2035 and plot opposite to house no. G.I- 2038 in Aya Nagar and extraction of groundwater for commercial purposes without obtaining permission from the competent authority and raising the grievance against respondents no. 6 to 9 regarding encroachment upon and blocking of open stormwater drain by construction of stairs and ramps outside their houses.
3. In the course of hearing the application against respondents no. 6 to 9 was dismissed as withdrawn vide order dated 20.04.2023 with liberty to the applicant to file a separate case against them.
4. Vide order dated 15.09.2022, this Tribunal constituted a Joint Committee with direction to verify the factual position and submit its report.
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5. In compliance thereof, report of the Joint Committee was filed by DPCC vide email dated 15.11.2022. The Joint Committee observed in its report that no illegal borewell/submersible was found in plot adjoining house no. G.I.-2035 and the plot opposite house no. G.I.- 2038 was found locked during the inspection.
6. This Tribunal noticed that the Joint Committee had merely said that plot on the opposite side of the street in front of House No. G.I- 2038, Aya Nagar, New Delhi was found locked and did not verify the factual position of any borewell in the above said plot and directed the Joint Committee to revisit the plot.
7. The Joint Committee revisited the plot and submitted report dated vide email dated 10.3.2023. In the report, it was mentioned that illegal borewell had been dug out in the above said plot which was being used for running of RO plant for commercial purposes.
8. However, the Joint Committee did not find anyone inside the premises and did not mention who was the owner or in possession of the said plot.
9. Pursuant to the notices issued to the respondents, replies/reports were filed by the respondents which have been placed on record.
10. The illegal borewell in question was sealed on 13.04.2023 as per short affidavit dated 25.07.2024 filed by DCF (South), Delhi.
11. When this Tribunal enquired about the matter of assessment of environmental damage compensation, the Tribunal was told that the matter was pending with DPCC.
12. The DPCC submitted that it did not have the information regarding owner of the plot. The DPCC issued notice dated 3 11.09.2023 to alleged Project Proponent-Mr. Rinku who submitted response dated 18.09.2023 (page 478 of the paper book) that he is neither the owner nor a tenant in the premises in question which fact was also recorded by the Tribunal in its order dated 19.10.2023.
13. Vide order dated 07.02.2024 DJB and SDM, Mehrauli were directed to file reports. SDM, Mehrauli was directed to mention in his affidavit as to who is the owner of the plot in question, where the illegal bore well was operated. Warrant of attachment of the plot in question was also ordered to be issued and sent to the District Magistrate, South.
14. SDM, Mehrauli filed affidavit dated 15.03.2024. In his affidavit, SDM, Mehrauli mentioned that the land in question falls in Khasra No. 1978 which is recorded in the land record as forest land.
15. DCF (South), Delhi filed affidavit dated 25.07.2024. In his affidavit, DCF (South), Delhi stated that on the land where illegal borewell existed belongs to the Forest Department and there was encroachment on the forest land and Forest Department has already taken steps for removal of the encroachment.
16. However, in the above said affidavit name of the person who had encroached upon the land where borewell had been dug was not mentioned by DFC (South), Delhi.
17. Subsequently, DCF (South), Delhi filed compliance status report dated 03.01.2025 mentioning (at page 985 of the paper book) that joint inspection of Khasra No. 1978 Village Aya Nagar, New Delhi was conducted by Revenue Department and Forest Department on 13.02.2024 on which it came to the notice that the premises where the illegal borewell was seized belongs to Rinku Singh who is the encroacher 4 on ridge forest land and that notice was affixed on the gate of premises G.I.-2038 Khasra No. 1978, Village Aya Nagar, New Delhi by DPCC.
18. Vide order dated 08.01.2025, notice was issued to Rinku but Rinku did not appear before this Tribunal on the date fixed. Vide order dated 21.03.2025 this order considered examination of Rinku as witness and bailable warrant of arrest bailable in the sum of Rs. 1 lakh with one surety with one like amount was issued against Rinku.
19. In compliance with the bailable warrant of arrest, duly executed by Delhi Police, Rinku has appeared before the Tribunal along with his counsel.
20. I.A. No. 281/2025 was filed by Rinku for cancellation recalling of bailable warrant of arrest issued against him which has become infructuous to that extent. In the above said I.A. Rinku has also made prayer for withdrawal of costs imposed on him in para 27 of order dated 08.01.2025. We have gone through para 27 of order dated 08.01.2025 and no costs are imposed in para 27 of order dated 08.01.2025. I.A. No. 281/2025 is disposed of accordingly as being infructuous/devoid of merit.
21. In view of the facts and circumstances of the case particularly previous non-appearance of Mr. Rinku before the Tribunal Mr. Rinku is directed to furnish a bond in the sum of Rs. 1 lakh undertaking to appear before the Tribunal on each date of hearing or as and when ordered to appear before the Tribunal in person till his examination as witness in the case unless exempted by this Tribunal from such personal appearance. Personal bond be furnished by Mr. Rinku on the next date of hearing fixed. It is clarified that in case of non-compliance, this Tribunal may issue non-bailable warrant of arrest and also pass order for his 5 detention in custody till his examination as witness in the case in accordance with order XVI of the Code of Civil Procedure, 1908.
22. Since an order dated 09.04.2024 (at page 1017 of the paper book) imposing environmental compensation of Rs. 9,46,080/- has already been passed by DPCC against Mr. Rinku and reference dated 06.12.2024 (at page 1018 of the paper book) has also been made to SDM, Mehrauli for recovery in accordance with law. No appeal is stated to have been filed against said order. Therefore, Mr. Rinku is also directed to furnish security for an amount of Rs. 9,46,080/- undertaking to pay the amount in the eventuality of order for passing of environmental compensation attaining finality against him.
23. Mr. Rinku has in the course of hearing today reiterated that he is neither the owner nor tenant in the land where Borewell was dug and he has also stated that no member of his family was also in possession thereof. On the other hand, he has claimed that one Mr. Asvani Lohiya, S/o Jat Singh, R/o B7/164, Phase 4, Badh Road, Aya Nagar, New Delhi- 110047 and Mr. Sandeep, S/o Bachan Numberdar, R/o Gali No. 12, Band Road, New Delhi-110047. Mr. Rinku is also directed to file an affidavit in this regard before the next date of hearing.
24. In the facts and circumstances of the case, we consider it appropriate to record the statements of Mr. Rinku, DCF (South), Delhi and SDM, Mehrauli and concerned officer of DPCC and accordingly the Registry is directed to issue summons to DCF (South), Delhi and SDM, Mehrauli for appearance before this Tribunal with relevant record for their examination as witnesses.
25. In compliance of order dated 21.03.2025, reports have been filed by the District Magistrates (DM) of all the 11 districts in National Capital Territory of Delhi. Report dated 14.05.2025 has been filed by DM (East), 6 Delhi; report dated 14.05.2025 has been filed by DM (South West) Delhi; report dated 15.05.2025 has been filed by DM (North West) Delhi; report dated 15.05.2025 has been filed by DM (North) Delhi; report dated 15.05.2025 has been filed by DM (North East), Delhi; report dated 15.05.2025 has been filed by DM (South East), Delhi; report dated 15.05.2025 has been filed by DM (New Delhi); report dated 16.05.2025 has been filed by DM, (West), Delhi; report dated 19.05.2025 has been filed by DM, (Central) Delhi, report dated 20.05.2025 has been filed by DM (South), Delhi and report dated 20.05.2025 has been filed by DM, Shahdara, Delhi.
26. Costs of Rs. 10,000/- each imposed on the District Magistrates of all the 11 districts in National Capital Territory of Delhi have been deposited by cheque dated 13.05.2025.
27. Report dated has also been filed Member Secretary, DPCC on behalf of Government of NCT of Delhi. The relevant part of the report reads as under:-
""3. That, it is most respectfully submitted that the order dated 08.01.2025 of this Tribunal was placed before the Council of Ministers and the Delhi Cabinet vide its decision no. 3182 dated 15.04.2025 has noted all developments having taken place in the matter and also considered the direction of this Hon'ble National Green Tribunal. The Council of Ministers has directed to ring fence Rs. 70 Crores by the Finance Department, GNCTD to be used by Delhi Pollution Control Committee in future, for the purposes identified by this Hon'ble Tribunal. Further, the Council of Ministers has directed to prepare a new borewell policy to be placed before the Council of Ministers for its consideration at the earliest. Accordingly, the new borewell policy is being prepared and will be submitted before the Council of Ministers for appropriate consideration and outcome of the same will be placed before this Hon'ble Tribunal.
That, the Chief Secretary, Delhi convened another review meeting on 22.04.2025 with all the stakeholder departments including the CEO- Delhi Jal Board, all the District Magistrates of Delhi and DPCC. Minutes of the meeting dated 22.04.2025 is annexed herewith as Annexure-1.7
5. That, Revenue Department, GNCTD with respect to preparation of Action Plan for utilization of the amount of Rs. 19,62,95,000/- for rejuvenation of water bodies and recharge of ground water, has informed that Additional Chief Secretary (Revenue)-cum Divisional Commissioner, Govt. of NCT of Delhi had taken two meetings on 07.4.2025 and 22.04.2025 which were attended by District Magistrates and officers of DJB and I&FC. In the meeting, it has been directed to all DMs to prepare draft action plan for their districts for rejuvenation of water bodies and estimates may be obtained from Irrigation and Flood Control Department, GNCTD immediately for the water bodies of Revenue/BDO in the first phase, so that Action Plan can be finalized in consultation with DJB, CGWA, State Wetland Authority and DPCC. The ACS (Revenue)-cum-Divisional Commissioner, took another meeting on 29.4.2025 which was attended by DMs and officers of the other concerned departments. The officer from the Irrigation & Flood Control Department had informed in the meeting that estimates have been prepared as per the instructions given by the district authorities. He further suggested that in case the water body is connected to the dirty water or sewage then STPs is needed and DJB, being the concerned department, should be asked to develop the water body, as a single agency. The representative from CGWA informed that location of water bodies whose estimates are ready may be decided for priority depending upon water table in the district. Further they informed that water bodies development priority may be considered depending upon the availability of fresh/rain/ clean treated water. After detailed discussion, it was decided to forward/share locations of water bodies whose estimates have been ready, with DPCC, DJB, State Wetland Authority and CGWA for providing valuable suggestion/action plan with regard to rejuvenation of these water bodies. Accordingly, comments/feedback have been sought from DPCC, DJB, State Wetland Authority and CGWA.
6. That, DJB verified total 20297 number of borewells in all revenue district of NCT of Delhi. The detail break up has been filed by Delhi Jal Board before this Hon'ble Tribunal. The status in brief is as under:
Sl. Number of Number of Number of Number of Number No. illegal illegal illegal illegal borewell of Court Borewells Borewells borewell yet not stay identified sealed/close to be sealed traceable/close by DJB d by DMs d Tota 20297 15962 142 4033 160 l
7. That, in compliance to order dated 21.03.2025, DPCC has paid amount of Rs. 1,00,000/- to the Amicus Curiae on 11.04.2025. Further, DPCC informed that, till 09.05.2025, EC of Rs. 1.19 Cr have been recovered.8
8. That, on the matter of recovery of Environment Compensation and action against illegal borewewll in compliance to the Tribunal's order dated 08.01.2025, Hon'ble Lt. Governor Delhi, has directed all the DC (Revenue)/DMs to complete the recovery of environmental compensation within 15 days in a mission mode. All the DC(Revenue)/DMs have been directed not only to seal the already identified illegal borewells immediately within the timeframe provided by the Hon'ble Tribunal, but also to further identity and seal all illegal borewells operating within their jurisdiction. Chief Secretary Delhi has been directed to submit a detailed report on the action taken in this regard within 21 days and may recommend suitable action against the officers responsible for non-implementations of the notification dated 18.05.2010.
9. The Central Ground Water Authority (CGWA) of India established under the Environment (Protection) Act, 1986, to regulate and control the development and management of groundwater resources across India. The CGWA also conducts periodic assessments of groundwater resources to monitor the status of aquifers and determine areas that require regulatory intervention. That the Central Ground Water Board on the depth of underground water table in Delhi in May-2024 in Bulletin mentioned that water table in Delhi exhibits a significant range, from a mere 1.62 meters below ground level (bgl) in Rani Khera within the Rohini district to a substantial 67.77 meters bgl in Gadaipur in the Mehrauli district.
10. That, during the meeting held on 22.4.2025 under Chief Secretary Delhi, in consultation with all stakeholder departments, it has been opined that existing Standard Operating Procedure (SOP) for regulation of extraction of groundwater, closure, prohibition of illegal activities relating to use of borewells/ tubewells dated 20.07.2020 issued with the approval of Chief Secretary. Delhi is comprehensive and need no changes. Further all stakeholder departments have been directed to comply with the Standard Operating Procedure (SOP), where clear departmental responsibilities are laid down.
11. That similar issue of extraction of ground water is also being taken by this Hon'ble Tribunal in EA No. 11/2023 in OA No. 89/2021 Titled as "Varun Vs. Govt. of NCT of Delhi & Ors. This matter was listed before this Hon'ble Tribunal on 08.05.2025, which was adjourned to 08.09.2025 while granting time to GNCTD to file latest updated report."
28. Report dated 21.05.2025 has been filed by DJB. The relevant part of the report reads as under:-
"6. that the District wise current status of number of illegal borewells as per data received.
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S.N Revenue Number Number Number Number Number
o District of Illegal of Illegal of Illegal of Illegal of Court
Borewells Borewells Borewells borewells stays
identified sealed/cl yet to be not
by DJB ose d by sealed traceable/
DMs closed
1 Central 636 278 21 177 160
2 East 145 128 0 17 0
3 New 47 43 4 0 0
Delhi
4 North 768 373 0 395 0
5 North 75 42 0 33 0
East
6 North 9020 6730 0 2290 0
Wes
7 Shahdara 652 552 100 0 0
8 South 108 46 4 58 0
9 South 324 228 13 83 0
East
10 South 6337 5823 0 514 0
West
11 West 2185 1719 0 466 0
TOTAL 20297 15962 142 4033 160
"
29. We have gone through the reports and we appreciate the action taken by the District Magistrates and also by the concerned authorities- DJB and DPCC. We have also noted that Council of Ministers, Government of NCT of Delhi has directed to ring fence amount of Rs. 70 crores by the Finance Department, GNCTD to be used by DPCC for the purposes identified by this Tribunal i.e., for rejuvenation of groundwater/water bodies.
30. However, it may be observed here that in the above said reports filed by the Member Secretary, DPCC and DJB it has been mentioned that 4,033 borewells were found not traceable or closed. The clubbing of all these borewells under the same head not traceable or closed is vague and requires clarification. In fact, DJB had submitted report identifying the borewells and if the borewells are not traceable, DJB will have to clarify the reasons as to how the borewells which were identified by it have become untraceable. So far as the borewells which are stated to have been closed, DJB will also have to separately verify the place where and the manner in which the borewells have been closed. 10
31. Appropriate action may be taken in this regard and further separate action taken reports may be filed with respect to illegal borewells which are untraceable and illegal borewells which have been closed. Action taken reports may be filed at least one week before the next date of hearing fixed.
32. We also reiterate, as we have already mentioned in the orders passed in the case, that recharge and conservation of ground water is of utmost importance. While there will be no objection to grant of permission for borewells for valid/exceptional reasons, remedial measures for recharge of groundwater have to be taken to prevent depletion of groundwater. Subject to appropriate replenishment, permission for borewell may be given by the authorities for valid reasons.
33. Although notification no. F8(348)/EA/Env/09/1041-1061 dated 18.05.2010 has been issued and in compliance with directions given by this Tribunal in O.A. No. 685/2019 titled as Rakesh Kumar Vs. Government of NCT of Delhi and others SOP titled as "Regulation of extraction of ground water, closure, prohibition of illegal activities relating to use of borewells/tubewells" has been issued but we find that in cases which are coming up before this Tribunal, the concerned officers do not take prompt action and there is inaction or undue and unreasonable delay in taking of appropriate remedial action on the part of the concerned officers. Any such inaction or undue and unreasonable delay on the part of concerned officers facilitates only the violator and causes damage to environment which is virtually irreversible and cannot be appropriately remediated.
34. No doubt in the above said notification and SOP no time limits for taking of remedial action have been given but the concerned administrative officers cannot be allowed to take any advantage of no 11 such time limits having being given in the same and avoid taking of remedial action of sealing illegal borewells for long periods of time which facilitates only the violators and does not serve the cause of protection and improvement of environment as irreversible damage is caused to environment by inaction or undue and unreasonable delay in taking of appropriate remedial action in respect of illegal borewells. We are of the considered view that not giving of any time limits in the above said notification and SOP is due to the reason that above said notification and SOP contemplate taking of appropriate remedial action and sealing of the illegal borewell immediately on receipt of the complaint and do not provide any leeway for inaction or undue and unreasonable delay in taking of appropriate remedial action by the concerned officers. Since such inaction or undue or unreasonable delay in taking of appropriate remedial action causes irreversible damage to environment, we are constrained to direct, in exercise of the powers conferred by Sections 14 and 15 of National Green Tribunal Act, 2010 and for protection and improvement of environment, that on receipt of complaint regarding illegal borewell, action for identification and sealing of the illegal borewell shall be taken expeditiously as soon as possible but not later than one month from receipt of complaint and in case of inaction/delay in identification and sealing of illegal borewells within a one month, the defaulting officer or officers as the case shall be personally liable to pay environmental compensation of Rs. 10,000/- per month to be deposited with the DPCC which amount shall be utilized by DPCC for remediation of damage to environment caused.
35. Vide order dated 21.03.2025, this Tribunal had appointed Mr. Raj Panjwani, Advocate as amicus curiae and he seeks time to submit his note with appropriate suggestions.
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36. In the present case, the applicant has claimed that illegal borewells are still operating and he has undertaken to submit video before this Tribunal.
37. Mr. Rinku has also claimed that illegal bore wells are being operated in Aya Nagar and he has also mentioned that Mr. Asvani Lohiya, S/o Jat Singh, R/o B7/164, Phase 4, Badh Road, Aya Nagar, New Delhi- 110047 and Mr. Sandeep, S/o Bachan Numberdar, R/o Gali No. 12, Band Road, New Delhi-110047 are illegally operating borewells and using ground water for commercial purposes.
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.
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41. Action taken report in this regard may be filed by the officers duly authorized by the Chief Secretary, Government of NCT of Delhi and Commissioner of Police, Government of NCT of Delhi at least one week before the next date of hearing fixed.
42. This Tribunal has already directed CGWA to monitor the working of the authorities in the NCT of Delhi and also to carry out its duties with respect to conservation of groundwater in NCT of Delhi by exercise of due supervision/monitoring over DJB and other specified officers/authorities. CGWA is directed to file its report at least one week before the next date of hearing fixed with respect to the number of illegal borewells in NCT of Delhi, adequacies and efficiencies of action taken by the administrative authorities in NCT of Delhi and remedial measures required for rejuvenation of the water bodies and recharge of groundwater.
43. List on 16.09.2025 for further consideration.
44. A copy of this order be sent to the Chief Secretary, Government of NCT of Delhi, Chief Executive Officer, DJB, Member Secretary, DPCC, Member Secretary, CGWA, the Commissioner of Police, Delhi and the District Magistrates of all the 11 Districts in NCT of Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 28th, 2025 Original Application No. 639/2022 ( I.A No. 281/2025, I.A No. 180/2025 ) With M.A in Disposed of Cases No. 24/2023 In Original Application No. 33/2022 AB 14