National Green Tribunal
News Item Titled "Un Predicts ... vs . Uoi on 26 July, 2024
Item No. 01 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 694/2023
News Item titled "UN predicts groundwater level in India will reduce to
'low' by 2025" appearing in Hindustan Times dated 26.10.2023
Date of hearing: 26.07.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondents: Mr. Gigi. C. George, Adv. for CGWA
Mr. Shashank Bajpai & Ms. Stuti Karwal, Advs. for the State of Odisha
(Through VC)
Ms. Priyanka Swami & Mr. Souresh Nagar, Advs. for the State of UP
Mr. Rahul Khurana, Adv. for the State of Haryana
Mr. Nishe Rajen Shonker, Mr. Alim Anvar & Mr. Keerthipriyan.E, Advs.
for the State of Kerala
Mr. Jogy Scaria, Mrs. Beena Victor, Ms. M. Priya & Mr. Ashwani Kumar
Soni, Advs. for Kerala SPCB
ORDER
1. This original application was registered suo moto in exercise of our jurisdiction on the basis of news item published in daily newspaper Hindustan Times dated 26.10.2023 titled as "UN predicts, groundwater level in India will reduce to "low by 2025".
2. As per the news item report, some areas in Indo-Gangetic basin in India have already passed the groundwater depletion tipping point and its entire northwestern region is predicted to experience critically low groundwater availability by 2025, according to a news report by the United Nations. It is also disclosed in the news report that India is the world's largest user of groundwater, exceeding the use of United States and China combined. The northwestern region of India serves as the bread basket for the nation's growing 1.4 billion people, with the states of Punjab and Haryana producing 50 per cent of the country's rice supply 1 and 85 per cent of its wheat stocks. However, 78 per cent of wells in Punjab are considered overexploited and northwestern region as a whole is predicted to experience critically low groundwater availability by 2025.
3. Pursuant to advance notice, Central Ground Water Authority (hereinafter referred to as "CGWA") submitted report 22.11.2023 which was considered on 24.11.2023 and relevant extracts of the report were noted in para 5 of the order are as under:
"5. On the basis of advance notice, the report on behalf of the Central Ground Water Authority, New Delhi has been submitted on 22.11.2023. Stand taken in the said report is that the measures encompassing all the suggesting measures outlined in the UN University report have been taken by the Government to improve the situation of ground water in the country. The Annual Report of 2022 which has been published by the Central Ground Water Board, Department of Water Resources depicts a very different picture then the one which has been presented in the report filed before the Tribunal. Some of the disclosures made in the Annual Report are as under:
In the chapter 5 5.1.1 Fluctuation of Ground Water level:
Pre-monsoon 2022 compared to Pre-monsoon 2019 A comparison of depth to water level of Premonsoon 2022 with Premonsoon 2019 (Fig-5.3) indicates that 69.7% of the analysed wells (11744 No) show rise in water level whereas almost 29% wells show decline in water level. 1.1% wells show no change. Rise and decline in water level is primarily in the 0- 2 m range. Decline of water level is quite prominent in the states/ UTs of Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Madhya Pradesh, Odisha, Punjab, Rajasthan, Tripura and West Bengal. Decline of more than 4 m water level is observed in small pockets in the states of Chhatisgarh, Gujarat, Haryana, Madhya Pradesh, Punjab, Rajasthan and West Bengal.
In the chapter 7, state wise ground water resource scenario indicates With regard to Andhra Pradesh out of 140719.5 SqKm of rechargeable area of the State, 1380.65 SqKm is over exploited, 1114.2 SqKm is critical and 4206.4 SqKm is semi critical. Further 6096.33 Sqkm is under saline category.
In case of Bihar out of 90348.70 SqKm of the State of rechargeable area 867.8 SqKm is over exploited, 1354.24 sq.km is critical and 6200.44 Sqkm is semi critical.
2 In case of Chhattisgarh out of 106078.71 SqKm rechargeable worthy area of the State 3797.89 SqKM are critical, 14832.17 Sqkm is semi critical. With regard to Delhi the state is critical in terms of ground water extraction out of 1487.6 SqKM recharge worthy area of the State 709.81 sqkm which is 47.71 % falls in over exploited zone, 179.37 SqKm is critical. 396.73 SqKmis semi critical. The report also indicates that 12000 private tubewells have been registered with DJB. The total annual ground water recharge has been assessed as 0.41 bcm and annual extractable ground water resources is 0.37 bcm. The total current annual ground water extraction is 0.36 bcm and the stage of ground water extraction is 98.16 %.
With regard to Gujarat out of 162778.15 SqKm recharge worthy area of the State 19707.17 SqKm is overexploited, 4138.03 SqKm is critical and 10408.88 SqKm is semi critical. Further as compared to 2020 assessment total annual ground water recharge has decreased from 26.8 bcm to 26.46 bcm and annual extractable ground water resource has decreased from 24.91 to 34.58 bcm. With regard to Haryana, out of 40391.05 SqKm recharge worthy area of the State 24772.68 SqKm(61.33 %) is overexploited, 2359.3 SqKm is critical, 2398.44 SqKm is semi critical. The annual recharge has decreased. In case of Jharkhand out of 60646.73 sqkm recharge worthy area of the State 463.92 SqKm is over exploited 1068.48 SqKm is critical, 2169.13 SqKm is semi critical. The annual water extraction of the state has increased which is mainly due to urbanization and industrialization With regard to Karnataka out of 170647.10 SqKm recharge worthy area of the State 39352.66 SqKm (23.06 %) area under over exploitation, 6580.96 SqKm is critical, 26593.23 SqKm semi critical. Over all the stage of ground water extraction has increased.
With regard to Kerala, out of 27047.54 SqKm recharge worthy area 777.38 SqKm is critical, 3817.64 SqKm semi critical (14.11 %). The overall ground water extraction has increased.
In case of Madhya Pradesh, out of 269361 SqKm recharge worthy area of the State 22579 SqKm are under overexploited, 4249 SqKm is critical, 51807 SqKm is semi critical. There is a marginal decrease in recharge and increase in ground water extraction.
With regard to Maharashtra, 259914.03 SqKm recharge worthy area of the State 8940 SqKm is overexploited, 9651 SqKm critical, 60673 SqKm semi critical. In case of Odisha, out of 121593.15 SqKm recharge worthy area of the State 2748.93 SqKm is semi critical and 2181.33 SqKm is saline.
In case of Punjab, out of 50344.68 SqKm recharge worthy area of the State 3693.63 SqKm(73.37 %) area are over exploited. 1742.88 SqKm critical. 4599.2 SqKm semi critical. The annual ground water recharge has decreased while the extraction had increased.
3 In case of Rajasthan, out of 317058.36 SqKm recharge worthy area of the State 226126.61 SqKm(71.32 %) are under over exploited, 16651.50 SqKm critical, 18676.47 SqKm semi critical. The ground water extraction has increased.
With regard to Tamil Nadu out of 108719 SqKm recharge worthy area, 32401.7 SqKm area under over exploited, 7488.67 SqKm critical, 21987.14 SqKm semi critical. In case of Tamil there has been 41 units showing deterioration. Several areas in the 34 district show over exploited or critical.
In the case of Telangana, out of 106308.5 sqkm rechargeable worthy area, 201.14 SqKm is over exploited 1322.36 SqKm critical and 11392.5 SqKm semi critical. With regard to Uttar Pradesh, out of 229593.13 sqkm recharge worthy area 15263.27 Sqkm over exploited. 12743.67 SqKm critical. 51239.41 SqKm semi critical. The assessment shows increase in ground water extraction and decrease in recharge.
The report shows over extraction in several areas which is in particular Rajasthan and Gujarat where prevailing arid climate conditions results in low recharge of ground water hence stress. In peninsular area over exploited units are wide spread in the states of Karnataka, Tamil Nadu and parts of Andhra Pradesh and Telangana. The report also suggests more experimental studies to be taken up refining the norms taking into consideration irrigation, soil types, agro climatic zones, recharge from water conservation and from water bodies."
4. Considering the seriousness of the issue, extending Pan India, the Tribunal impleaded various States as Respondents 4 to 24 besides impleading CGWA through its Member Secretary as Respondent 1, Ministry of Jal Shakti (hereinafter referred to as "MoJS") through its Secretary as Respondent 2 and Ministry of Environment, Forest and Climate Change (hereinafter referred to as "MoEF&CC") through its Secretary as Respondent 3. Notices were issued to all the respondents by order dated 24.11.2023 requiring them to submit their response/report.
Pursuant thereto, initially by 09.02.2024, only three Respondents, i.e., States of Kerala, Tamil Nadu and Haryana responded. The extracts of the reports submitted by these three States have already been noted and considered in the order dated 09.02.2024.
45. The CGWA, Respondent No. 1 also submitted report dated 06.02.2024, wherein it has stated:
"xxx ....................................xxx..........................................xxx A. State/UT wise availability of the groundwater resources, stage of extraction and distribution of OCS assessment units in 26 States/UTs as per Ground Water Resource assessment 2023.
B. Artificial Recharge and Water Conservation Projects constructed for the purpose of sustainable groundwater management, and C. N ational Aqu ifer M apping and Management Programm e (NAQUIM) for sustainability of aquifers.
A brief about each of above is presented below:
A. State/UT wise availability of the groundwater resources, stage of extraction and distribution of OCS assessment units in 26 States/UTs as per Ground Water Resource assessment 2023: A summary of Ground Water Resource Assessment is presented below and State/UT wise availability of the groundwater resources, stage of extraction and distribution of OCS assessment units in 26 States/UTs is enclosed as Annexure-l.
(i) The Hon'ble NGT Order dated 24/11/2023 in the above O.A. mentions about the status of groundwater scenario in 17 States/UTs of the country as per the Dynamic Ground Water Resource assessment report for the year 2022. It is confirmed that the status mentioned in the said order are as per the Ground Water Resource Assessment report for the year 2022.
Assessment of Dynamic Ground Water Resources of each State/UT is being carried out jointly by Central Ground Water Board and State Nodal/Ground Water Department periodically as per the Ground Water Estimation Committee-
2015 (GEC-2015) methodology under the guidance of the respective State/UT Level Committees (SLCs) and overall supervision of Central Level Expert Group (CLEG). As part of the assessment, 'Annual Extractable Ground Water Resource' as well as 'Annual Ground Water Extraction are assessed for each assessment unit (block/taluka/Mandal/tehsils/firka etc.). The 'Stage of Ground Water Extraction' is then computed as the ratio of 'Annual Ground Water Extraction' with respect to 'Annual Extractable Ground Water Resource' and is usually expressed in percentage. Based on the stage of 5 extraction, the assessment units are categorized as Safe (<= 70 %), Semi-Critical (>70 % and <=90 %), Critical (>90 % and <=100%) and Over- Exploited (>100 %).
(ii) From the year 2022 onwards, the Ground Water Resource assessment for all the States/UTs are now being carried out every year. The latest Ground Water Resource Assessment report is available for the year 2023.
(iii) As per Ground Water Resource assessment for the year 2023, out of the total 6553 assessment units in the country, 736 assessment units have been categorized under Over-exploited Category, 199 units under Critical category, 698 units under Semi-critical category, 127 under Saline category and the remaining 4793 units under Safe category. The Over-exploited, Critical and Semi-critical assessment units are also referred to as OCS units. There are, thus, in all 1633 assessment units in the country which fall under OCS category and these are distributed across 26 States/UTs of the country.
(iv) The States/UTs where the average stage of groundwater extraction is high ( > 70%) are Punjab ( 163.76%), Rajasthan ( 148.77 %), Dadra& Nagar haveli and Daman & Diu ( 142.91%), Haryana ( 135.74%), Delhi ( 99.13%), Chandigarh ( 75.41%), Tamil Nadu ( 73.91%, Uttar Pradesh ( 70.76%) and Puducherry ( 70.27%). The assessment units categorized under Overexploited, Critical and Semi-critical category are distributed in 26 States/UTs of the country.
B. Artificial Recharge and Water Conservation Projects constructed for the purpose of sustainable groundwater management: For the purpose of sustainable groundwater management, Central Ground Water Board has implemented Artificial Recharge and Water Conservation projects in the country. Summary of projects completed/ongoing is tabulated below and details of projects constructed are enclosed Annexure-II:
Sl. Plan No. of Structures Cost in Rs.
constructed Lakh
1 VII Plan (1992-97) 230 178.20
2 IX Plan (1997-2002) 1521 2333.25
3 X Plan (2002-2007) 189 445.95
4 XI Plan (2007-2012) 2203 4607.90
5 Other Artificial Recharge 342 25544.00
Projects
6
C. National Aquifer. Mapping and Management Programme (NAQUIM) for sustainability of aquifers:
(i) National Aquifer Mapping and Management Programme (NAQUIM) was initiated in 2012 as a part of the ground water management and r e g u l a t i o n p l a n s c h e m e wi t h th e o b j e c t i v e s to d e l i n e a te an d characterize the aquifers and develop plans for ground water management.
Aquifer maps have been prepared and management plans have been developed for the entire mappable area of about 25 lakh km2.
(ii) A multi-tiered approach is adopted for sharing of outputs of NAQUIM studies. The findings are shared with the state government through State Ground Water Coordination Committees (SGWCC). Reports have also been shared with the District Authorities (DM/DC). Further, Public Interaction Programs (PIP) are being organized at grassroots level for disseminating the outputs of NAQUIM Studies. The outputs are also shared through websites and regional workshops.
(iii) The findings of NAQUIM include information about extent of aquifers (depth of occurrence and horizontal extent) and their properties.
Actions envisaged include artificial recharge interventions and demand management interventions. Findings of NAQUIM studies and the actions envisaged thereon are compiled mostly in form of district wise reports, which are placed on a searchable database in CGWB website https://cgwb.gov.in/cgwbpnm/search?type=2&cat _id=7&state_id=&d istrictjd=&year_of_issue=&name_of_author=&keyw ords=&search=s earch.
(iv) Finding and recommendations of NAQUIM studies are being used by various agencies for planning interventions for artificial recharge, regulation of ground water extraction, construction of contaminant free wells etc."
6. State/Union Territory wise availability of groundwater resources, stage of extraction and distribution of OCS level of units has also been given in Annexure-1 of said report by CGWA, as under:
"xxx ....................................xxx..........................................xxx
1. RAJASTHAN Total Annual Ground water Recharge of the State has been assessed as 12.45 bcm and Annual Extractable Ground Water 7 Resource as 11.25 bcm. The Annual Ground Water Extraction is 16.74 bcm and the Stage of ground water extraction in the state is 148.77 %.
Out of the 302 assessment units (blocks and urban areas), 216 units (71.52 %) have been categorized as `Over Exploited', 23 units (7.62 %) as `Critical', 22 units (7.28 %) as `Semi-Critical', 38 units (12.58 %) blocks as `Safe' and 3 units (0.99 %) as `Saline'.
2. PUNJAB Total Annual Ground Water Recharge of the State has been assessed as 18.84 bcm and Annual Extractable Ground Water Resource as 16.98 bcm. The Annual Ground Water Extraction is 27.8 hem and Stage of Ground Water Extraction is 163.76 %.
Out of total 150 assessed blocks and 03 Urban area taken for study, 114 blocks and 03 Urban Areas (total 76.47 %) have been categorized as `Over-exploited', 03 blocks (1.96%) as `Critical', 13 blocks (8.5%) as `Semi Critical' and 20 blocks (13.07%) as `Safe'
3. TAMIL NAIDU Total Annual Ground Water Recharge of the State has been assessed as 21.59 bcm and Annual Extractable Ground Water resources as 19.51 bcm. The Annual Ground Water Extraction is 14.42 bcm and Stage of Ground Water Extraction as 73.91 % Out of 313 assessment units (taluka), 100 units (31.95 %) have been categorized as `Over Exploited', 27 units (8.63 %) as `Critical', 56 units (17.89 %) as `Semi-Critical', 125 units (39.94 %) as `Safe' and 5 units (1.60 %) have been categorized as `Saline'.
4. HARYANA.
Total Annual Ground Water Recharge of the State has been assessed as 9.55 bcm and Annual Extractable Ground Water Resource is 8.69bcm. The Total Current Annual Ground Water extraction is 11.80bcm and Stage of Ground Water extraction is 135.74 %.
Out of total 143 assessment units (blocks/Urban), 88 units (61.54 %) have been categorized as `Over-exploited', 11 units (7.69 %) as `Critical', 9 units (6.29 %) as `Semi Critical' and 35 units (24.48 %) as `Safe' categories of assessment units.
5. UTTAR PRADESH Total Annual Ground Water Recharge of the state has been assessed as 71.83 bcm and Annual Extractable Ground Water Resource as 65.57 bcm. The Annual Ground Water Extraction is 46.40 bcm and average Stage of Ground Water Extraction of the State is 70.76%.8
Out of the 836 assessment units consisting 826 blocks and 10 cities, 62 units (7.42 %) have been categorized as `Over- exploited', 43 units (5.14 %) as `Critical', 172 units (20.57 %) as `Semi-critical' and 559 units (66.87 %) as `Safe'.
6. KARNATAKA The Annual Ground Water Recharge has been assessed as 18.93 bcm and the Annual Extractable Ground Water resource is 17.08 bcm. The present Annual Ground Water Extraction is 11.32 bcm and the Stage of Ground Water Extraction is 66.26%.
Out of the 234 assessment units (taluks), 44 units (18.8 %) have been categorized as `Over exploited', 12 units (5.13 %) as `Critical', and 32 units (13.68 %) as `Semi critical' and 146 units (62.39 %) have been categorized as `Safe'.
7. MADHYA PRADESH Total Annual Ground Water Recharge of the State has been assessed as 35.47 hem and Annual Extractable Ground Water Resources is 32.85 bcm. The Annual Ground Water Extraction is 19.30 bcm and Stage of Ground Water Extraction is 58.75 OA.
Out of 317 assessment units (313 blocks and 4 urban areas), 26 units (8.2 %) has been categorized as `Over Exploited', 5 units (1.58 %) as `Critical', 60 units (18.93 %) as `Semi- Critical' and 226 units (71.29 %) as `Safe' categories of assessment units and there are no saline assessment unit.
8. GUJARAT Total Annual Ground Water Recharge of the State has been assessed as 27.35 hem and Annual Extractable Ground Water Resources as 25.41 bcm. The Annual Ground Water Extraction has been assessed as 13.13 bcm and Stage of Ground Water Extraction as 51.68 %.
Out of 252 assessment units (talukas), 23 units (9.13 %) have been categorized as `Over- exploited', 8 units (3.17 %) as `Critical', 20 units (7.94 %) as `Semi-critical', 189 units (75.00 %) as `Safe' and there are 12 units (4.76 %) as `Saline' categories of assessment units.
9. DELHI The Iota! Annual Ground Water Recharge of the State has been assessed as 0.38 ban and. Annual Extractable Ground Water Resources is 0.34 bcm. The Total Current Annual Ground. Water Extraction is 0.34 bcm and Stage of Ground Water Extraction is 99.13 %.
Out of 34 assessment units (tehsils), 13 units (38.24 %) have been categorized as `Over-exploited', 12 units (35.29 %) as 9 `Critical', 4 units (11.76 %) as `Semi-critical', and 5 units (14.71 %) as `Safe' categories of assessment units.
10. TELENGANA Total Annual Groundwater recharge of the State has been assessed as 23.14 bcm and. Annual extractable Ground Water resource as 20.92 bcm. The Annual Ground Water Extraction is 8.09 bcm and Stage of Ground Water Extraction is 38.65 %.
Out of 612 assessment units (Mandals), 11 units (1.8 %) have been categorized as `Over Exploited', 10 units (1.63 %) as `Critical', 61 units (9.97 %) as `Semi-Critical' and 530 units (86.6 %) as `Safe'. There is no `Saline' category of assessment unit in the state.
11. ANDHRA PRADESH.
The Total Annual Ground Water Recharge of the State has been estimated as 27.83 bcm and Annual Extractable Resource is 26.45 bcm. The current Annual Ground Water Extraction for all uses is 7.48 bcm and Stage of Ground Water Extraction is 28.3 %.
Out of 667 assessment units (mandals), 10 (1.5%) units have been categorized, as `Over-exploited', 03 units (0.45%) as `Critical', 18 units (2.7%) as `Semi-Critical', 597 units (89.5 %) as `Safe' and 39 units categorized as `Saline' (5.85%).
12. MAHARASTRA Total Annual Ground Water Recharge of the State has been estimated as 32.76 bcm and Annual Extractable Ground Water Resources is 30.95 bcm. The Annual Ground Water Extraction is 16.66 bcm and Stage of Ground Water Extraction is 53.83 %.
Out of 353 assessment units (taluks), 9 units (2.55%) have been categorized as 'Over-exploited', 9 units (2.55 %) as `Critical', 57 units (16.15 %) as `Semi-critical' and remaining 277 units (78.47 %) as `Safe' and 1 unit (0.28 %) as `Saline' categories of assessment units.
13. BIHAR The Total Annual Ground Water Recharge has been worked out as 33.96 bcm with the Annual Extractable Ground Water Resources as 30.72 bcm. The Current Annual Ground Water Extraction for all uses has been estimated as 13.75 bcm and the Stage of Ground Water traction of the State is 44.76 %.
Out of the total 535 assessment units (blocks + Patna Urban), 8 units (1.50 %) are `Over-exploited', 7 units (1.31 %) are `Critical', 53 units (9.91 %) are `Semi-Critical', 467 units (87.29 %) units are `Safe' category.
1014. JHARKHAND The Total Annual Ground Water Recharge of the State has been assessed as 6.25 bcm and Annual Extractable Ground Water Resources is 5.73 bcm. The Annual Ground Water Extraction is 1.8 bcm and Stage of Extraction is 31.38 %.
Out of 263 assessment units (blocks-259, Urban area-04), 5 units (1.90 %) have been categorized as `Over-exploited', 6 units (2.28 %) as `Critical', 11 units (4.18 %) as `Semi-critical' and rest 241 units (91.63 %) are under `Safe' category.
15. DADRA & NAGAR HAVELI and DAMAN & DIU The total Annual Ground Water Recharge has been assessed as 0.12bcm and Annual Extractable Ground water Resources as 0.12bcm. The total current Annual Ground Water Extraction has been assessed as 0.16bcm and Stage of Ground Water Extraction as 142.91 %.
All the three assessment units in the UT have been categorized as `Over Exploited'.
16. PUDUCHERRY The Annual Ground Water Recharge of the UT of Puducherry has been assessed as 0.198 bcm, Annual Extractable Ground Water Resources is 0.181 bcm and the Annual Ground Water Extraction is 0.127 bcm. The overall Stage of Ground Water Extraction of Union Territory of Puducherry is 70.27 %.
Out of 8 taluks assessed, 3 taluks (Mahe, Karaikal & Thirunallar) falls under `Safe' category, 3 taluks (37.50%) (Ozhukarai, Villianur & Bahour) has been categorized as `Semi-Critical', 1 taluk (12.50%) (Puducherry) as 'Over- exploited' and 1 taluk (12.50%) (Yanam) as `Saline'.
17. ASSAM The Total Annual Groundwater Recharge of the State has been estimated as 27.26 bcm and Annual Extractable Groundwater Resources is 20.93 bcm. The Current Annual Ground. Water Extraction for all uses is 2.63 bcm and Stage of Ground Water Extraction is 12.54 %.
Out of 245 assessment units, 244 have been categorized as `Safe' and one assessment unit of Kamrup (Metro) Urban is in `Semi Critical' condition.
18. CHHATTISGARH The Total Annual Ground Water Recharge of the State has been assessed as 13.34 bcm and Annual Extractable Ground Water Resource is 12.18 bcm. The Total Current Annual Ground Water Extraction is 5.75 bcm and Stage of Ground Water Extraction is 47.17 %.
11Out of 146 assessment units (blocks), 5 units (3.42 %) as `Critical', 22 units (15.07 %) have been categorized as `Semi- critical' and 119 units (81.51 %) as `Safe' categories of assessment units.
19. KERALA Total Annual Ground Water Recharge has been estimated as 5.53 bem and Annual Extractable Ground Water Resource is 5.01 bcm. The Annual Ground Water Extraction is 2.73 ban and Stage of Ground Water Extraction is 54.55 %.
Out of total 152 assessment units (blocks), 3 units (1.97 %) have been categorized as `Critical', 30 units (19.74 %) as `Semi-Critical' and 119 units (78.29 %) as `Safe' categories of assessment units.
20. 0DISHA Total Annual Ground Water Recharge of the State has been assessed as 17.35 hem and Annual Extractable Ground Water Resource as 15.94 bcm. The Annual Ground Water Extraction is 7.39 bcm and Stage of Ground Water Extraction is 46.33 %.
Out of the total of 314 assessment units (blocks), 9 units (2.87 %) have been categorized as `Semi-critical', 299 units (95.22 %) as `Safe' and 6 units (1.91 %) as `Saline' categories of assessment units.
21. UTTARAKHAND Total Annual Ground Water Recharge in the State (2023) has been assessed as 2.02 bcm. The Total Annual Extractable Ground Water Resource of the State has been assessed as 1.85 bcm. The Annual Ground Water Extraction of the State (2023) is 0.95 bcm, the largest user being irrigation sector. The Stage of ground water extraction for the entire State, is 51.69 %.
Out of the 18 assessed blocks of Uttarakhand State, 14 blocks (77.78%) are `Safe', whereas remaining 4 blocks (22.23%) are categorised as `Semi Critical'.
22. WEST BENGAL Total Annual Ground Water Recharge has been estimated at 26.29 bcm and Annual Extractable Ground Water Resource has been estimated at 23.9 bcm. Current Annual Ground Water Extraction for all uses has been estimated at 10.71 bem, which translates into a Stage of Ground Water Extraction at 44.81 %.
Out. of 345 assessed units, 241 AUs (69.86%) are `Safe', 32 AUs (9.28%) are 'Semi-Critical', 12 At5s (3.48%) are `Critical' and 60 AUs (17.39%) are of poor groundwater quality (Saline).
1223. CHANDIGARH Total Annual Ground Water Recharge has been assessed as 0.054 bcm and Annual Extractable Ground Water Resources as 0.048 bcm, with Total Extraction of 0.037 bcm and stage of ground water extraction at 75.41 %.
The UT of Chandigarh has been categorized as `Semi Critical'.
24. JAMMU & KASHMIR The total Annual Groundwater Recharge of the UT has been estimated as 4.94 bcm and Annual Extractable Ground Water Resources is 4.46 bcm. The Total Current Annual Ground Water Extraction is 1,.08 bcm and the Stage of Ground Water Extraction is 24.20 %.
Out of 20 assessment units, 19 assessment units have been categorized as `Safe' whereas 1 assessment unit i.e. Srinagar Urban Area comes under the `Semi-critical' category.
25. LADAKH Total Annual Ground Water Recharge of the UT has been estimated as 0.0888 bcm and Annual. Extractable Ground Water Resources is 0.0799 bcm. The Total Current Annual Ground Water Extraction is 0.0296 bcm. The Stage of Ground Water extraction in Ladakh is 37.05 %.
Out of total 18 Assessment Units, 6 AUs (33.33%) of Leh are categorized as `Semi Critical' and 12 AUs (66.67%) are categorized as `Safe'.
26. LAKSHADWEEP The total Annual Ground Water Recharge in the UT has been estimated as 0.013 bcm and Annual Extractable Ground. Water Resources works out as 0.0051 bcm.
The total current Annual Ground Water Extraction has been assessed as 0.0033 bcm and the Stage of Ground Water Extraction as 61.72%.
Out of the 5 assessment units, 4 blocks (80%) are categorized as `Safe' and 1 block (20%) Kavaratti, as `Semi Critical'.
In all the other ten States/UTs namely Andaman & Nicobar islands, Arunachal Pradesh, Goa, Himachal Pradesh, Tripura, Manipur, Meghalaya, Mizoram, Nagaland and Sikkim, all the assessment units are categorized under Safe Category."
137. By order dated 09.02.2024, Tribunal directed remaining States other than Haryana, Kerala and Tamil Nadu to submit their response/reports within one month.
8. Pursuant thereto, only States of Bihar (Respondent 5), Madhya Pradesh (Respondent 13), Punjab (Respondent 16) and Rajasthan (Respondent 17) have filed their response/reports. A supplementary report was also filed by CGWA placing on record a copy of guidelines to regulate and control groundwater extraction in India issued vide Notification dated 24.09.2020 and its amendment Notification dated 29.03.2023.
9. The matter was again taken up on 04.04.2024 and noticing that several States have yet to file their replies. Further opportunity was granted by Tribunal to various States to file their response within two weeks.
10. After last order dated 04.04.2024, reports have also been filed by State of Karnataka (Respondent 11), State of Odisha (Respondent No. 15) and State of Uttar Pradesh (Respondent 20). Brief contents of reports of Respondent States other than Tamil Nadu, Kerala and Haryana are as under:
(1). State of Bihar (Respondent 5): It has submitted its reply dated 08.02.2024 filed vide e-mail dated 09.02.2024.
Relevant extract of the report reads as under:
"6. That it is further stated that as per the abovementioned report, out of the total 535 assessment units (blocks + Patna Urban), 8 units (1.50 %) are `Overexploited', 7units (1.31 %) are `Critical', 53 units (9.91 %) are `Semi- Critical', 467 units (87.29 %) units are `Safe' category. There is no `Saline' block in the State.14
7. That it is further stated that it is also mentioned in the above mentioned report that Similarly out of 90348.70 sq. km recharge worthy area of the State, 867.8 sq km (0.96 %) area are under `Over-Exploited', 803.91 sq. km (0.89 %) under `Critical', 7417.08 sq. km (8.21 %) under `Semi-critical', 81259.91 sq. km (89.94 %) under `Safe' categories of assessment units. Out of total 30718.81 mcm annual extractable ground water resources of the State, 283.46 mcm (0.92 %) are under `Overexploited', 237.4 mcm (0.77 %) under `Critical', 2168.92 mcm (7.06 %) under `Semi-critical' and28029.03 mcm (91.24 %) are under `Safe' categories of assessment units.
8. That it is further stated that as per the above mentioned report, 89.94% area in the State of Bihar is under the `Safe' category and only 0.92% are under `Overexploited' and 0.77% area are `Critical'.
9. That it is further stated that as per the data of the Ground Water Year Book, Bihar, (2021 - 2022), between the period of May 2021 to January 2022, "about 59% (123) Hydrograph Network Stations(HNS) has shown rise in water level and rest 41%(86) has shown fall.
Majority of HNS (43%) has shown rise in water level in the range of 0 -- 2 in major part of the area covered by analysed wells. The localised areas falling in part of Begusarai, Bhojpur, Buxar, Nalanda, Nawada, Samastipur have shown rise in water level between 2 and 4 m. Apatch of more than 4 m rise has been observed in Gaya and Nawada district. Except Begusarai, Majority of districts have shown fall in water level. down to 2 m. Thefall of water level more than 4 m has been recorded only in 1 HNS located in Jehanabad district."
A true/photo copy of the Ground Water Year Book, Bihar, (2021 - 2022)is being annexed herewith and marked as Annexure-B.
10. That it is further stated that despite of the data above mentioned, keeping in mind the possibility of decline in ground water level as a result of changes in climate in the past years and excessive exploitation of ground water, an important decision was taken after joint deliberations by both the Houses of Bihar Government, the multidimensional program Water- Life-Greenery Campaign (Jal Jeevan Haryali) is being implemented. Whose main components. its objectives and progress report are as follows-
i. Step 1:-Identifying public water harvesting
structures and making them free from
encroachment.
Under this component, public ponds, ponds, streams and ponds located in all the districts of the state will be covered. By identifying important water harvesting structures through remote sensing data and to free 15 them from encroachment by getting them physically verified. So far a total of 18,313 public ponds/ponds/ahars/pons and 11,130 public wells have been made encroachment free.
ii. Step 2:-Renovation of public water harvesting structures like ponds/a ha rs/po kh a rs/pines Under this component, the identified and encroachment free public water harvesting structures like ponds/pokhars/ahars/pines are being renovated.
iii. Step 3:-Identifying and renovating public wells Under this component, those public wells which are closed for various reasons are being identified and renovated. A total of 27.293 public wells have been renovated so far.
iv. Step 4:-Construction of soakaway/recharge/other water harvesting structures along the banks of public wells/pumps.
Under this component, arrangements for management of residual water near water sources like wells and hand pumps are being ensured. Also, through the process of recharging excess ground water sources work is being done to balance the water usage and water harvesting cycle. Till now, a total of 19.902 public wells and 1,21,405 public hand pumps have been constructed with soakage.
v. Step 5:-Construction of check dams and other
water harvesting structures in small
rivers/drains and in hilly areas.
Under this component, check banks and other water harvesting structures are being constructed in water harvesting areas. Besides, work is being done on the scheme of rain water harvesting by making garland trench at the foothills of the mountains. Its main objective is to store excess rain water so that it can be used in future. The stored water is also used in fishing and other activities. It is also a useful and powerful means of recharging ground water. So far, a total of 12,642 check dams and other water harvesting structures have been constructed.
vi. Step 6:-Creation of new water sources and transportation of water from surplus river water areas to water deficit areas.
Under this component, new water sources like private ponds, fields-ponds, chaur development and other public and private water sources are being developed. Till now, the construction work of a total of 24,435 new water sources has been completed. Under 16 Component 6 of the Jal-Jeevan-Hariyali Abhiyan, an ambitious plan is being worked on to take the surplus water of Ganga river through pipeline to Rajgir, Nawada, Gaya and Bodh Gaya under the "Ganga Water Supply Scheme". This Bhagiratha effort will ensure uninterrupted drinking water supply in these cities.
vii. Step 7:-Construction of roof-rain water harvesting structure in buildings.
Under this component, the work of construction of roof- top rain water harvesting structures is being done by identifying government buildings. Awareness is being spread among the general public for construction of rooftop rainwater harvesting structures in private buildings. So far, a total of 13,672 government buildings have been covered with rooftop rainwater harvesting structures. Provision has been made for the construction of rooftop rain water harvesting structures in the planning approval of new buildings by the Building Construction Department itself.
viii. Step 8:-Creation of nurseries and intensive tree plantation Under this component, efforts are made to increase green cover, clean the environment and reduce pollution. For this, intensive tree plantation work is being done in private and public sectors across the state. By the Environment, Forest and Climate Change Department and Rural Development Department in addition of Didi's nursery maintained by Bihar Rural Livelihood Promotion Committee (Jeevika), the plantation work is being done in private gardens and other farmer's nurseries. Till now, a total of 488.54 lakh saplings has been planted under 924 nurseries.
ix. Step 9:-Use of alternative crops, drip irrigation, organic farming and other new techniques Under this component, drip irrigation and other techniques with low water consumption are being used and along with promoting climate-friendly farming, work of crop residue management is also being done. There is a provision of subsidy on many latest agricultural equipment with the aim of encouraging farmers to manage crop residue in the fields and use it as fertilizer instead of burning it. Besides, farmers are also being motivated not to burn crop residues in the fields. At present organic farming is being done in a total of 92.486.49 acres in the state. A total land area of 17,421.32 acres has been covered with drip irrigation. Weather-adapted farming has been implemented in a total area of 1,17,476.95 acres.
17x. Step 10:- Promotion of solar energy use and energy saving The main objective of this component is to arrange solar energy in government buildings and to spread awareness about the use of solar energy in private buildings. The use of renewable energy in place of conventional energy is being encouraged through the IRA component. So far, solar power plants have been installed on a total of 2,448 government buildings.
xi. Step 11:- Jal-Jeevan- Hariyali Awareness Campaign Under the Jal-Jeevan-Hariyali campaign, awareness programs are being conducted by various departments at many levels. Its aim is to make every person of the state sensitive towards the environment through awareness programs. Continuous efforts are being made to make the citizens of the state aware of environmental protection by adopting new and traditional techniques of communication.
In order to increase awareness under the Jal-Jeevan- Hariyali campaign, "Jal-Jeevan-Hariyali Day" is being celebrated on the first Tuesday of every month in all government offices, government colleges and schools from the state level to the Panchayat level. Seminars, workshops, discussions and other awareness related activities are organized on the proposed subject matter.
11. That it is further stated and submitted that due to work being done on such a large scale, despite less rainfall and excessive groundwater exploitation in the past years, the situation in semi-critical, critical and over-exploited units is almost the same in the groundwater assessment year 2020, 2022 and 2023."
(2). State of Karnataka (Respondent 11): It has submitted its reply dated 03.04.2024 filed vide e-mail dated 03.04.2024.
Relevant extract of the report reads as under:
"2. It is submitted that the State of Karnataka can be considered as having three major hydrogeological provinces. They are the Hard-Rock province, Deccan Trap province and metamorphosed sedimentary province.
3. It is submitted that Archaean crystalline hard rocks, comprising of gneisses, schists, granites and khondalites, which occupy up to 79% of the area of the State. Groundwater exists in these provinces under unconfined to semi-confined conditions and under confined conditions at greater depths. The rock units of these provinces do not 18 have the primary porosity; therefore, the occurrence and movement of groundwater is through secondary porosity developed through weathering, fracturing and tectonic formation undergone by the rocks.
4. It is submitted that due to this complex geological formation of the State, the groundwater recharge process is slow as compared to extraction. The main source for groundwater recharge to the aquifers is by precipitation and also by applied irrigation.
5. Various districts like Tumakuru, Bengaluru Rural, Bengaluru Urban, Chikkaballapura, Kolara, Ramangaram in the Southern region of the State do not have perennial rivers. Hence, the agricultural, domestic and industrial water requirements are mainly fulfilled by groundwater itself.
6. The State of Karnataka has, under various schemes undertaken construction of recharge structures to arrest the available runoff and to fill the tanks under tank filling schemes. The answering Department is functioning in all 30 Districts towards this goal, headed by Deputy Director/Senior Geologists with Head Office at Bengaluru headed by Director.
7. The activities of the answering Respondent include monthly water level monitoring, collection of groundwater samples for water quality analysis during pre-monsoon and post-monsoon periods, Geophysical and Geohydrological survey for selecting suitable sites for bore well drilling and constructing groundwater recharge structures. The answering Department is also carrying out the Karnataka Groundwater Authority works.
8. The details of groundwater levels are as follows:
GROUNDWATER LEVELS:
9. Pre Monsoon (May 2022): The ground water level data for May 2022 indicates that out of the total 1771 wells, 1554 wells have been analysed, and 125 (8.04%) wells are showing water level less than 2 m bgl (metres below ground level), 343 (22.07%) wells are showing water level in the depth range of 2-5 m bgl, 475 (30.57 %) wells are showing water level in the depth range of 5-10 m bgl, 395 (25.42%) wells are showing water level in the depth range of 10-20 m bgl, 157 (10.10%) wells are showing water level in the depth range of 20-40 m bgl and the remaining 59 (3.8 %) wells are showing water level more than 40 m bgl.
10. Post Monsoon (November 2022): The ground water level data for November 2022 indicates that out of the total 1765 wells, 1601 wells have been analysed, 307 (19.18%) wells are showing water level less than 2 m bgl (metres below ground level), 514 (32.10%) wells are showing water 19 level in the depth range of 2-5 m bgl, 443 (27.67 %) wells are showing water level in the depth range of 5-10 m bgl, 240 (14.99%) wells are showing water level in the depth range of 10-20 m bgl, 74 (4.62%) wells are showing water level in the depth range of 20-40 m bgl and the remaining 23 (1.4 %) wells are showing water level more than 40 m bgl.
Dynamic Groundwater Resources in Karnataka
11. The answering Respondent in collaboration with the Central Groundwater Board (`CGWB') is carrying out estimation of groundwater resources of the State using GEC 2015 methodology.
The Groundwater resources as on 2022 and 2023 is presented in the below table:
Assessment Total Area under Area Area Stage of recharge Over under under Groundwater worthy exploited Critical Semi extraction area of critical the State 2022 170647.10 39352.66 6580.96 26593.23 69.93% 2023 170463.35 34281.35 10443.17 22695.74 66.26% (Area in Sq. KM)
12. It is submitted that the above data reflects reduction in Stage of Groundwater extraction in 2023. Strategies for Sustainable Groundwater Management
13. It is submitted that groundwater in the State is mainly used for Irrigation, Industries, drinking and for domestic purposes. The steps undertaken by the answering Respondent State are as follows:
14. Awareness programs are being organized regularly by the answering Department for different stakeholders on judicious use of groundwater.
15. Regular meetings have been conducted for industries under the chairmanship of Deputy Directors/Senior Geologists and discussions have been held on taking measures on judicious use of groundwater, rainwater harvesting, groundwater recharge and improving the groundwater table. They were encouraged to take up rejuvenation of tanks in their area under CSR activity.
16. Orientation programs were conducted for farmers on efficient water use practices and were encouraged to adapt micro-irrigation practices.
17. Awareness programmes were conducted at Schools and Colleges and students were educated on conservation and judicious use of ground water.
2018. Awareness programs were conducted on groundwater conservation and efficient water use practices in 1199 Gram Panchayats spread across 41 blocks of 14 districts where Atal Bhujal Yojana is being implemented.
Implementation of Karnataka Groundwater (Regulation and Control of Development and Management) Act 2011 and Rules 2012 through Karnataka Groundwater Authority (KGWA)
19. Based on the Groundwater Resource Estimation (`GWRE), the taluks will be notified under Karnataka Groundwater Authority (KGWA) for groundwater regulation and management.
20. The Karnataka State Government has enacted Karnataka Groundwater (Regulation and Control of Development and Management) Act 2011 and Rules 2012 with the objective to regulate and control the development and management of ground water. Under the provision of this Act and Rules State level and District level committees are formed. The Government has delegated powers to these committees to regulate illegal extraction of groundwater in notified areas.
21. The Government has constituted District Groundwater Committee headed by Deputy Commissioner in each district and Engineer in Chief of Bangalore Water Supply and Sewerage (`BWSSB) in Bruhat Bengaluru Mahanagara Palike (`BBMP') limits to implement the Karnataka Groundwater (Regulation and Control of Development and Management) Act 2011 and Rules 2012 in the state.
Strategies for Aquifer Rejuvenation:
22. Following initiatives have been taken by the Answering State to remedy the decline in groundwater status:
Tank filling schemes by Minor and Major Irrigation departments.
Construction of Barrages/Check dams. Atal Bhujal Yojana - participatory Ground water Management.
Paschimavahini Project in Coastal & Western Ghat Region
23. However, the Department of Agriculture, Watershed Development Department, Rural Development Panchayat Raj Department (RDPR) and various other Departments are constructing site specific recharge structures such as Check Dams, Recharge Shafts, Percolation Ponds, Sub Surface Dikes, Nala Bands, Trenches etc., for recharging groundwater."
21(3). State of Madhya Pradesh (Respondent 13): It has submitted its reply dated 03.02.2024 filed vide e-mail dated 09.02.2024. Relevant extract of the report reads as under:
"1. That the major causes of the depletion of ground water levels in certain areas can be broadly categorized under 2 heads:
a. Excessive pumping for irrigation, industrialization and population growth. As per the Dynamic Ground Water Assessment Report 2022. 90% of ground water extraction is for irrigation purpose, 9% for domestic purpose and 1% for industrial purpose.
b. Changes in rain fall patter and land use.
3. That the Dynamic Ground Water Resources of Madhya Pradesh Report, 2022, jointly published by the Central Ground Water Board, Government of India and Water Resource Department, Government of Madhya Pradesh enumerates over the status of ground water in approximately 317 assessment units from rural and urban areas throughout the State of Madhya Pradesh, enumerates on status of over-exploited, critical and semi-
critical ground water levels and their replenishment status. A copy of Dynamic Ground Water Resources of Madhya Pradesh Report, 2022 is marked and annexed herewith as Annexure R13/1.
4. It is pertinent to note here that the Government of Madhya Pradesh took timely notice to the Dynamic Ground Water Resources of Madhya Pradesh Report, 2022 and in order to address the issue of ground water levels in the state submitted a proposal before the Government of India under the National Ground Water Management Improvement Scheme (NGMIS), subsequently renamed as Atal Bhujan Yojna. A copy of letter dated 22.11.2017 of Ministry of Water Resources, River Development & Ganga Rejuvenation, Government of India is marked and annexed herewith as Annexure R13/2.
5. Thereafter the Government of Madhya Pradesh vide Order No. F-15/16/2020/Laghu/31/1227 Bhopal dated 18.09.2020, sanctioned a total budget of Rs. 314.54 crores for the Atal Bhujal Yojna to work towards preserving ground water levels in total 6 districts and over 678 gram panchayats. Furthermore, after the approval of budget the Additional Chief Secretary, Water Resources Department on behalf of Government of Madhya Pradesh entered into a Memorandum of Agreement (hereinafter referred as "MoA") dated 28.10.2020 with the Government of India for implementation of Atal Bhujal Yojna. The copies of Order 22 No. F-15/16/2020/Laghu/31/1227 Bhopal dated 18.09.2020 and Memorandum of Understanding dated 28.10.2020 are marked and annexed herewith as Annexure R13/3 and Annexure R13/4 respectively.
6. It is pertinent to note here that the objective of the Atal Bhujal Yojana is to exemplify community-driven sustainable groundwater management that can be expanded on a broader scale. The primary goal of the initiative is to enhance the administration of groundwater resources in specified water-stressed areas identified within the Bundelkhand region of Madhya Pradesh and the program is designed to promote sustainable groundwater management primarily through the integration of ongoing schemes, fostering active engagement of local communities and stakeholders. Additionally, it strives to induce behavioural changes at the community level through awareness programs and capacity-building initiatives, with the overarching aim of nurturing sustainable groundwater management practices within the state.
7. That the financial allocation for the execution of the scheme in the state of Madhya Pradesh is sourced from grants provided by the Central Government. The initial phase of this initiative commenced on 28.10.2020, covering a water-stressed area spanning 8,319 square kilometres in the Bundelkhand region. This phase was launched as pilot-scale implementation of various strategies aimed at improving the rate of decline of groundwater levels. six districts (Sagar, Damoh, Chhatarpur, Panna, Tikamgarh, and Niwari), nine blocks (Sagar, Patheria, Chhatarpur, Nowgaon, Rajnagar, Ajayagarh, Baldeogarh, Palera, and Niwari), 670 gram panchayats, and 1,216 villages.
8. To facilitate the implementation of the scheme at different administrative levels, mechanisms have been developed at the State, District, Block, and Gram Panchayat levels. A State Level Interdepartmental Steering Committee (hereinafter referred as "SLISC") has been established, chaired by the Chief Secretary, Government of Madhya Pradesh, as per the Order No. F19-70/2020/1/4 Bhopal dated 05.11.2020. The SLISC serves as the coordinating body overseeing the effective execution of the scheme at the state level. A copy of Order No. F19-70/2020/1/4 Bhopal dated 05.11.2020 is marked and annexed herewith as Annexure R13/5.
9. Furthermore, pursuant to Order no. F-1-11/2020/P-1/31 Bhopal dated 19.11.2020, a State Project Management Unit (hereinafter referred as "SPMU") has been established for the management and coordination of the program at the state level and simultaneously, a District Programme Implementation Unit has been constituted under the Chairmanship of the District Collector, as per Order no. 15/21/2016/Laghu/31/1426 Bhopal 23 dated 5.11.2020, specifically for the implementation of the program at district level. These units collectively form an integral part of the organizational framework designed to ensure the efficient execution and administration of the program at both the state and district levels, respectively. The copies of Order no. F-1- 11/2020/P¬1/31 Bhopal dated 19.11.2020 and Order no. 15/21/2016/Laghu/31/1426 Bhopal dated 5.11.2020 are marked and annexed herewith as Annexure R13/6 and Annexure R13/7 respectively.
10. Furthermore, a MoA was executed on the 19.01.2021 with the Jan Abhiyan Parishad, designating them as the District Implementation Partner for community mobilization and the formulation of community-led Water Security Plans at the Gram Panchayat levels. This formalized agreement establishes the roles, responsibilities, and collaborative framework between the involved parties to facilitate and oversee the essential aspects of community engagement and the preparation of Water Security Plans within the specified districts. A copy of Memorandum of Agreement dated 19.01.2021 is marked and annexed herewith as Annexure R13/8.
11. It is pertinent to note here that, to establish a precise and scientific database on the groundwater table across all 670 Gram Panchayats, 670 piezometers equipped with Digital Water Level Recorders (hereinafter referred as "DWLR") were installed. These DWLRs are seamlessly integrated with the Water Information Management System (hereinafter referred as "WIMS") Server of the Government of India, offering real-time 6- hourly water level data. The acquired data serves the purpose of monitoring historical declines in groundwater resources, aiding in the formulation of remedial measures. This undertaking was successfully concluded in March 2022, and subsequent to its completion, continuous data acquisition is ongoing to ensure the ongoing assessment and management of groundwater levels. A copy of Contract dated 06.01.2022 for installation of DWLRs is marked and annexed herewith as Annexure R13/9.
12. That to ascertain the volume of water extraction in the designated Gram Panchayats, a total of 5056 water flow meters have been strategically installed. These water flow meters serve the crucial function of furnishing accurate data regarding the precise volume of water being extracted from the respective sources and the implementation of these meters is instrumental in facilitating a comprehensive assessment of water utilization and forms an integral component of the overall monitoring and management strategy within the identified areas. A copy of Contract dated 30.09.2022 is marked and annexed herewith as Annexure R13/10.
2413. That a total of 670 manual rain gauge stations have been established, with one stationed in each Gram Panchayat. The purpose of these installations is to accurately evaluate the actual rainfall occurring within the respective Gram Panchayats. These rain gauge stations play a pivotal role in systematically collecting precipitation data, contributing to a comprehensive understanding of the precipitation patterns and aiding in informed decision-making regarding water resource management in each Gram Panchayat. A copy of Contract dated 20.02.2023 is marked and annexed herewith as Annexure R13/11.
14. A community-driven water budget and water security plan have been meticulously developed for each of the 670 Gram Panchayats, relying on a comprehensive inventory encompassing bore wells, dug wells, water bodies, and a thorough assessment of domestic, industrial, and agricultural water usage, complemented by rainfall data. Following the identification of water- deficient Gram Panchayats, demand-side interventions such as the promotion of drip irrigation, sprinkler systems, low water-intensive crops, mulching, underground pipelines, and poly houses, along with supply-side water management measures including percolation tanks, bunds, stop dams/check dams, contour trenches, and Amrit Sarovar, have been implemented through the convergence of existing schemes by the Agriculture, Horticulture, and Panchayat and Rural Development Department. Recognizing these initiatives of the State Government, the Government of India has approved an incentive fund of Rs. 106 crores, of which Rs. 98.68 crores has been disbursed to the State vide letter dated 28.03.2022. A copy of letter dated 28.03.2022 of approved an incentive fund is marked and annexed herewith as Annexure R13/12.
15. Furthermore, to enhance the capacity of the Village Water Sanitation Committee and the local residents, Gram Panchayat level training sessions have been systematically arranged through the WALMI. A total of 8000 training sessions have been conducted at the Gram Panchayat level, resulting in the training of approximately 160,000 individuals. The training modules covered essential aspects, including water security plans, water budgeting, instrument utilization, and the monitoring of water levels and quality. The copies of Letter dated 27.01.2021 of WALMI and Pertinent training materials employed during these Gram Panchayat-level along with photographs of sessions are marked and annexed herewith as Annexure R13/13 (Colly).
16. That as regard to remedial measures for enhancing ground water recharge for improvement in decline of ground water levels, the other responsible agencies of the State is Water Shed Mission under Panchayat and 25 Rural Development Department Govt. of Madhya Pradesh. The relevant information pertaining to the progress made is available with them and the same may be acquired to augment the progress reported by the Water Resources Department. That a progress report is also marked and annexed herewith as Annexure R-14."
(4). State of Odisha (Respondent 15): It has submitted its reply dated 24.07.2024 filed vide e-mail dated 25.07.2024.
Relevant extract of the report reads as under:
"4. It is humbly submitted that the State of Odisha is underlain by diverse rock types, which range in age from Precambrian to Cenozoic era. The Precambrian occupy nearly 80% of the total geographical area of the State. The Tertiary and the Quaternary Alluvial formations are restricted mainly to the narrow coastal tracts. The Godwana group of rocks belonging to Palaeozoic and Mesozoic era occurs in isolated patches in different parts of the State whereby these formations occur in Talcher area of Angul district and in the river valley area of Sambalpur and Sundargarh districts. The Ground water abstraction in the State is mostly done by dug wells constructed in the weathered zone in hard rock areas and in shallow phreatic aquifers in alluvial areas. The yield of open (dug) wells varies from 1 to 5 Ips. However, at present, borewells, shallow to medium deep tube wells, filter point tube wells are also in use for ground water abstraction both for domestic and irrigational purpose. The yield of bore wells varies from 2 to 5 Ips In general depending on the occurrence of saturated fractures at depths. The yield from shallow and medium deep tube wells may vary from 6 to 10 1ps in general depending on the aquifer disposition.
5. The details of ground water, category of area in the context of the level of ground water and other streams and relevant extract in respect of State or Odisha are as given as under: -
A. Ground Water Resources Assessment of the State of Odisha i. Ground water is the source for more than 85% of India's rural domestic water requirements, 50% of its urban water requirements and more than 50 % of its irrigation requirements and the State of Odisha is no exception. The ever-increasing demand of ground water from different sectors of the state called for judicious and planned utilization of its ground water resources. That for proper planning and management of ground water development in a judicious and socio economically equitable manner, quantification of ground water resources is one of the most important prerequisites. The sustainable development of ground 26 water resources warrants precise quantitative as well as qualitative assessment based on the reasonably valid scientific principles.
ii. The Ground Water Resources Assessment (GWRA) is jointly carried out by Central Ground Water Board and Directorate of Ground Water Development under Department of Water Resources, Govt. of Odisha periodically as per the Ground Water Resources Estimation Committee (GEC) methodology.
It is carried out under the guidance of the respective State/UT Level Committee (SLCs) and overall supervision of Central Level Expert Group (CLEG). As part of the assessment, `Annual Extractable Ground Water Resource' as well as 'Annual Ground Water Extraction' is assessed for each assessment unit (Block).
iii. The `Stage of Ground Water Extraction' is computed as the ratio of `Annual Ground Water Extraction' with respect to `Annual Extractable Ground Water Resource' and is usually expressed in percentage. Based on the stage of extraction, the assessment units are categorized as Safe (<=70%), Semi Critical (>70% & and <-90%), critical (>90% and <-1 00%) and Over-exploited (>1 00%).
Sl. Category GWRA GWRA GWRA GWRA
No. 2017 2020 2022 2023
Number % of Number % of Number % of Number % of
of Aus AUs of Aus AUs of Aus AUs of Aus AUs
1 Safe 303 96.5 302 96.17 300 95.5 299 95.22
2 Semi- 5 1.5 6 1.91 8 2.5 9 2.57
Critical
3 Critical - - - - - - - -
4 Over- - - - - - - - -
exploited
5 Saline 6 2 6 2 6 2 - 1.91
Total No. of 314 314 314 314
Aus
*AU - Assessment Unit
Ground Water Resources Assessment (GWRA)-
2023
The Ground Water Resources in the state have been assessed block-wise Total Annual Ground Water Recharge of the State has been assessed as 17.35 bcm and Annual Extractable Ground Water Resource as 15.94 bern for the year 2023. The Annual Ground Water Extraction for 2023 is 7.39 bcm and Stage of Ground Water traction is 46.33 % for the year 2023. Out of the total of 314 assessment units locks), 9 units (2.87 %) have been categorized as `Semi-critical', 299 units (95.22 /%) as `Safe' and 6 units (1 .91 %) as `Saline' categories of assessment units. That similarly out of 121593.15 sq. km recharge worthy area of the 27 State, 3339.96 sq. km (2.75 %) area are under `Semi- critical', 116071.86 sq. km (95.46 %) under `Safe' and 2181.33 sq. km (1.79 %) area under `Saline' categories of assessment units. Out of total 15933.74 mcm annual extractable ground water resources of the State, 499.13 mcm (3.14 %) are under 'Semi-critical' and 15434.01 mcm (96.86 %) are under `Safe' categories of assessment units. As compared to 2022 assessment, the Annual Ground Water Recharge has decreased from 17.79 to 17.35 BCM. Similarly Annual Extractable Ground Water Resource has decreased from 16.34 to 15.94 bcm and total annual ground water extraction for all uses has increased from 7.23 to 7.39 bcm. The stage of ground water extraction has increased to 46.33 % in 2023 as compared to 44.25% in 2022.
The table below gives an overall comparison of the present Groundwater scenario of the State of Odisha:
Attribute GWRA GWRA GWRA GWRA
2017 2020 2022 2023
1 Total Annual Ground 16.74 17.08 17.79 17.35
Water Re-charge (in
bcm - Billion Cubic
Meters)
2 Annual Extractable 15.57 15.71 16.34 15.94
Ground Water
Resources (in bcm)
3 Annual Ground Water 6.57 6.86 7.23 7.39
Extraction (in bcm)
4 Stage of Ground Water 42.18 43.65 44.25 46.33
Extraction (in %)
Saline Blocks
There are 6 coastal blocks namely Chandbali, Ersama, Mahakalapada,Marsaghal, Rajnagar and Rajkanika where phreatic aquifer is saline. But fresh aquifers exist at variable depth, more than 140 m deep in general which are sources of public water supply system. Moreover, in coastal blocks, there are isolated sand dunes which contain fresh ground water and water exist under perched water table conditions which sustain dug wells.
Semi-Critical Blocks From ground water resource point of view, blocks are categorized as semi-critical where stage of ground water extraction lies between 70 to 90% of annual extractable groundwater resources. There are 9 blocks out of 314 blocks in Odisha which are categorized as semi-critical. Baliapal block in Balasore district where stage of groundwater extraction is 88%. In remaining 8 blocks, stage of extraction lies 1 n between 70-84%. The extraction is more because of groundwater 28 utilization is more for irrigation and to meet growing urban population. In Bolagarh block of Khurda, the stage of extraction is more because of limited groundwater resource due to its hydrogeological setup. Various measures have been proposed by CGWB and State Govt. has initiated augmentation and other measures to arrest the increasing extraction Failing Water Level Only 1.1% of the total wells monitored (out of 1077 wells) show fall in water by more than 4m between Pre-Monsoon, 2019 & Pre-Monsoon, 2022. These wells arc scattered and do not follow any pattern and of local in nature. The fall may be due to some unnatural effect. Fall in water level during the above period in the range between 2 to 4m has been observed in around 6% of the wells which is insignificant Ground Water Level (GWL) fluctuation trend from 2017 to 2023 The annual average GWL of Odisha during 2017 was 4.69 m below ground level which gradually increase to 4.565 m below ground level during 2020. While later by 2023, it decreased to 4.67 m below ground water level. In 2017 with the state average rainfall of 1401 mm, the state average annual ground water level during pre-monsoon time was 5.96 m and post monsoon ground water level was 3.42 mbgl, with the ground water level fluctuation was observed to be 2.54 m.
In 2020 with the state average rainfall of 1421 .54 mm, the annual average pre-monsoon groundwater level of Odisha was 5.98 m below ground level and post monsoon groundwater level was 3.15 m below ground level giving us the fluctuation of water level to be 2.83 m.
In 2023 with the state average rainfall of 1421 .87 mm, the annual average premonsoon groundwater level of Odisha was 5. 77 m below ground level and post monsoon groundwater level was 3.5 m below ground level giving us the fluctuation of water level to be 2.20 m.
So, we can perceive increase in groundwater level from 5.96 m to 5.77 m below ground level during pre- monsoon season to a relative decrease in water level from 3.42 m to 3.57 m below ground level with a reduction in the ground water fluctuation from 2.54 m to 2.20 m from 2017 to 2023 respectively. Further. out of 92 stations monitored by the Odisha State Pollution Control Board for ground water quality in the State, there has been no indication of the `Groundwater Depletion' reported at those locations.
29 Hydrogeological conditions of Odisha The Hydrogeology which deals with the occurrence and movement of ground water below the earth Surface, is mainly controlled by geology, geomorphology and rainfall patterns of an area. The type of geological formation and the topography or landforms in an area influence the occurrence of ground water in that area. The main source of ground water is rainfall, which precipitates on the earth surface and percolates downwards through un-saturated soil zone to form ground water within open spaces of rock formations at different depths. The rate of infiltration of rainwater as well as, storage potential of ground water mainly depends on the geomorphic setup as well as geological formation of any area. The complex geology, varied geomorphic setup and skewed distribution of rainfall both in space and time, have resulted in vaned hydro- geological set up in Odisha.
C. Rainfall of the Odisha State i. The normal annual rainfall of the state is 1386.5 mm with average annual rainy days of 74. The state receives about 85% of the annual rainfall from the south¬west monsoon. The maximum precipitation occurs in July and August. The rainfall is highest in the northern part of the coastal tract and reduces westward. The low rainfall area stretches from Keonjhar on the north to Gopalpur in the south through Angul and Phulbani district. The distribution of rainfall over the state is uneven and often erratic. Floods and cyclones in the coastal districts and droughts in the inland and rain shadow areas are common Phenomena. Most of the river valleys are flood prone with vast stretches of Cuttack, Jagatsinghpur, Kendrapara, Jajpur, Puri, Ganjam, Bhadrak and Balasore district experience flood very often. The ten drought prone districts are Nuapara, Kalahandi, Bargarh, Sambalpur, Jharsuguda, Deogarh, Bolangir, Sonepur, Kandhamal and Boudh.
ii. The Monsoon rainfall is the main source of recharge which contributes 58.73% of the total annual ground water recharge. The overall contribution of rainfall (both monsoon and non-monsoon) is 67.44% of the total recharge. Rest 32.56% of the total annual ground water recharge is due to other sources like canal seepage, return flow from irrigation, recharge from tanks, ponds and water conservation structures.
iii. That only 1.1% of the total wells monitored (out of 1077 wells) show fall in water by more than 4m between Pre-Monsoon, 2019 & Pre-Monsoon, 2022. These wells are scattered and do not follow any pattern and of local in nature. The fall may be due to 30 some unnatural effect. Fall in water level during the above period in the range between 2 to 4m has been observed in around 6 % of the wells which is insignificant.
D. Ground Water Management Plans being adopted in the State i. Community Harnessing & Harvesting rain water Artificially from Terrace to Aquifer (CHHATA) Scheme.
For Ground Water Development, Community Harnessing & Harvesting rain water Artificially from Terrace to Aquifer (CHHATA) Scheme was launched by the State Government and being implemented under the Department of Water Resources with an objective to improve rainwater conservation and ground water recharge through Roof-top Rainwater Harvesting Systems (RRHS) in selected urban areas (ULB) and water scarcity blocks of the State for a period of five years i.e. from r Y-2022-23 to FY-2026-
27. The Scheme aims to implement RRHS in 29500 nos. private buildings in 27 ULBs& 1925 nos. of Govt. buildings in 27 ULB & 52 Nos. of water stressed blocks of the State of Odisha.
ii. Artificial Recharge to Underground Aquifer (ARUA) Scheme Artificial Recharge to Underground Aquifer (ARUA) Scheme was launched to replenish the depleting ground water level in the State to be implemented in six semi-critical and 26 approaching semi-critical blocks having ground water extraction of more than 65 per cent of the entire State over a period of five years from 2022-23 to 2026-27. Under the Scheme, the ground water recharge shafts are to be installed in 2,400 existing tanks. A total of 420 nos. have been completed till January, 2024.
iii. Rejuvenation of Urban Water The Ecological rejuvenation of waterbodies initiative named Ama Pokhari has been launched in 2023 across all 15 ULBs of Odisha which plays pivot role in recharging ground water besides many other benefits to nature and community. The Key principles of the initiative are:-
a. Rejuvenation with minimal to nil use of concrete.
b. Focus on water quality improvement and soil water interface.
c. Removal of complete silt & excavation of soil up to 2 feet.31
d. Focus on nature based solutions (Ecologically) like phytoremediation for treatment of water.
Presently, DPRs for 407 water bodies have been sanctioned covering area about 1900 acres and 370 water bodies have been taken up for implementation on ground covering area of approx. 1800 acres. That out of these 150 waterbodies covering area over 500 acres are in final stages of completion.
The rejuvenated waterbodies improve the harvesting during surface run-off and helps in creating the new seepage paths along with improving the efficiency of existing ones. During dry seasons, water stored in the water bodies seeps into the ground and improves the ground water level.
iv. Construction of Rain Water harvesting Structures (RWHS) 'Jal Shakti Abhiyan: Catch the Rain' campaign launched on 22nd March, 2021, H&UD Deptt has taken a State wide campaign for creation of Rain Water harvesting Structures (RWHS) in Urban Odisha suitable to the climate conditions and sub soil strata. The RWHS has been constructed in parks, playgrounds, open spaces and in vacant lands inside the institutions available in all the Mils as per technical feasibility and space availability.
The prime objectives of implementation of RWHS include:
a. To reduce depletion of ground water levels by recharging the aquifers b. To enhance availability of ground water and utilize rain water for sustainable development c. To increase infiltration of rain water in the subsoil aquifers d. To increase ground water QUALITY BY DILUTION e. To improve ecology of the area by increase in vegetative cover Over 35,000 numbers of RWHS covering both Rooftop and open areas have been constructed across 111 ULBs covering catchment area of around 3700 acre and annual recharge potential of around 6,000 million litres to the ground has been created.
v. Greywater Management In 110 Urban local bodies under Greywater Management Initiative by Housing & Urban Development Department, Govt. of Odisha, waste stabilization pond, Maturation pond and constructed wet land in large scale at major outfall points have 32 been taken up which will treat the waste water of cities and simultaneously will help in ground water recharge.
Presently, 70% (5.91 Lakhs) House Hold Survey & 94% (11 055) Lane Survey (Ward wise) has been completed & 5.97 MLD Greywater Management is achieved through completed intervention.
vi. Closure of production wells and construction of recharge ponds Previously water supply to Puri town was sources through production wells resulting in ground water depletion. All such production wells have been closed and switched over to surface sources in order to prevent depletion of ground water Further, to replenish the depleted ground water, 6 nos. of recharge ponds have been constructed in April 2022 under AMRUT that are filled with surface water. The Surface water is being pumped to these recharge ponds in non-monsoon period to uphold the ground water level in Sweet Water Zone and also to prevent the Saline intrusion The surface area of these 6 recharge ponds is 27,000 Sqm. (approx.) with maximum depth of 2.45 m.
vii. Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) Watershed Development Programme under the Centrally Sponsored Scheme "WOC-PMKSY 2.0" was started during the financial year 2021 -22. Under the programme, 53 Watershed clusters have been sanctioned having 2.93 lakh hectares of treatable areas with an outlay of Rs. 759.00 crore over a project period of 5 years (2021 -22 to 205-26). Till now, Rs. 480.31 crore has been utilized under the scheme by treating an area of 1.92 lakh hectare. Various watershed interventions have been taken up in these areas for augmentation of ground water recharge viii. Rejuvenation Watersheds for Agricultural Resilience through Innovative Development (REWARD) World bank assisted science-based watershed development programme Rejuvenation Watersheds for Agricultural Resilience through Innovative Development (REWARD) have been implemented in 5 districts namely Deogarh. Sambalpur. Dhenkanal, Nayagarh and Koraput from 2022-23 for treatment of 1.12 lakh hectare area. Till now, Rs. 118.75 crore has been utilized and 47.500-hectare area have been treated with Soil and Water Conservation activities particularly with field bunds. These interventions enhance ground water recharge in the project areas.33
ix. Rashtriya Krishi Vikas Yojana (RKVY) JHOLAKUNDI: In order to facilitate ground water recharge and irrigation through solar pump sets, construction of 60 Nos. of Tholakundis (dugwell in low land) has been taken up in Koraput district during 2023-24. Rs. 0.92 Crore has been utilized under the scheme.
WHS: For sustainable water management and recharge of ground water, improvement and renovation of Water Harvesting Structures in kanas and Satyabadi blocks of Puri district is taken up with a project outlay of 3.90 crore. Doha Model : It entails for excavation of pits along the drainage line (Nala) which enhances ground water recharge. It is in operation in Malkangin, Rayagada, Kandhamal, Keonjhar and Kalahandi with a total physical target of 200 nos. projects with financial target of Rs. 5.43 Crore.
x. Forest and Tree Cover in Odisha The Forest Survey of India (FSI) is making assessment of the Forest Cover of different States and union Territories of the country by using remote sensing technology every second year. Based on the data obtained from the satellite imageries, the FSI in 2021 has assessed that the total forest cover of Odisha is 52,156 sq.km., which is about 33.50% of the geographical area of the state as compared to the national coverage of 21 .71%. there has been an increase of 537 sq.km. (53,700 Ha) of forest cover in the State in comparison to the previous assessment made by FSI report 2019. Similarly, the tree cover has been assessed at 5,004 sq. km. witrl an increase of 356 sq.km. over the 2019 FSI Report. The mangrove Cover of the State as per the 2021 F'SI Report is 259 sq. km. Odisha has recorded an increase of 8 sq. km. over the year 2019 report, which is the highest increase in the country. This has been possible due to the extensive plantation programmes taken up in the state followed by active protection measures provided by more than 16000 Vana Surakshya Samities (VSS).
xi. Annual Plantation Activities taken up in the State of Odisha The Government. of Odisha in Forest, Environment & Climate Change Department are implementing afforestation activities year by year both in Forest Land & Non-Forest Land to increase the Forest Cover as well as Tree Cover under different plantation schemes such as Increasing Green Cover in the State (IGC), Green Mahanadi Mission (GMM), State CAMPA, National Mission for Green India (GIM), MGNREGS, 34 CSR through OMC Ltd., National Bamboo Mission (NBM), OMBADC, OFSDP, DMF etc. The year wise plantation activities achieved for last 5 years & target for plantation to be taken up during 2024-25 in respect of all Plantation schemes are furnished below:
Plantation/afforestation activities taken up during last five years under different plantation schemes and target for next year Year AR in ANR Total in Avenue UTP in Seedlings ha. ha in lakh of planted in Seedling With Witho gap RKM seedlin lakh distributed ut Gap in lakh in ha gs in ha.
2019- 20 13055.18 5330 71698. 140056.3 3588.00 7.84 339.26 212.48 __________ 3.12 00 0 2020- 21 12486.37 9483 0 107323.5 4164.70 3.78 392.47 465.77 __________ 7.10 0 2021- 22 11225.3 9914 0 110368.3 4616.60 0.11 382.91 230.46 0 3.00 0 11856.3 7634 0 88197.97 4069.30 6.87 351.59 211.74 2022-23 0 2.67 2023-24 5790.46 3751 0 4330.07 3068.87 4.06 247.19 396.13 24 2.61 2024-25 5028.93 32017. 73.96 37120.88 2756.80 5.00 216.62 280.15 99
xii. Soil Moisture & Conservation (SMC) Works Soil, Moisture & Conservation (SMC) works are being taken up under State CAMPA, OMBADC and MGNREGS under the control of Forest, Environment & Climate Change Department to check the water run-off, preservation/ recharge the ground water, prevent soil erosion along the plantation activities and in different blocks.
Under SMC, different components like staggered trenches, percolation pits, earthen bunds, LBDC (Loose Bolder Check Dam), Check Dam, Contour bunds etc. have been constructed depending on the site requirements.
The year wise area covered under SMC work during last 4 years is furnished below:
Year Scheme Total
CAMPA OMBADC MGNREGS
2020-21 6650 5191.82 11732 23573.82
2021-22 7115 9702.91 3415 20232.91
2022-23 23696.18 17434.74 2874 44004.92
2023-24 14876.30 7419.99 1835 24131.29
Total 52337.48 39749.46 19856 111942.94
35
xiii. Mahatma Gandhi National Rural Employment
Guarantee Act (MGNREGA
Interventions such as Farm ponds, Dug wells, Plantations and Land Development are taken up through MGNREGA under the control of Agriculture & Farmers' Empowerment Department . All these measures/ projects facilitate in enhancing ground water recharge in the periphery of the project areas. Rs. 530.00 crore has been utilized under MGNREGA during 2023-24. Panchayati Raj and Drinking Water Department, Govt. of Odisha has been actively involved in groundwater recharge initiatives under MNREGS. These activities include the rejuvenation of ponds, digging of farm ponds. construction or water harvesting structures and check dams through MNREGS program. Around 3 lakhs recharges pits have been created near tubewells as on date.
That Specially under the MNREGS program, the following have been achieved so far.
48,727 Water Conservation & Watershed projects 24856 Traditional Water Bodies projects.
6, 15,101 Individual Assets (such as Farm Ponds, Dug Wells, Housing, Livestock Shelters etc,) 63,474 Afforestation & Plantation projects xiv. Green-Ag Program:
Many soil and water conservation measures like field bunding, dug out ponds, Plantations, Crop diversions along with Training and capacity building prog ram for the beneficiaries are taken up in the Similipal biosphere areas of Mayurbhanj district. In- situ water conservation practices with emphasis on increasing of ground water recharge in one of the major objectives of the Green-Ag project which is being implemented by Agriculture & Farmers' Empowerment Department, Government of Odisha.
xv. Object Mineral Bearing Area Development Corporation Different soil and water conservation activities are being implemented for ground water recharge through Watershed Development Projects and Water Harvesting Structures in the mining affected villages of the State. The scheme is implemented in Jajpur, Keonjhar, Mayurbhanj and Sundargarh districts. An amount of Rs. 120.84 crore is the total outlay of the projects from 2019-20 to 2024-25 36 xvi. District Mineral Foundation (DMF):
DMF is being implemented in Jharsuguda, Keonjhar. Koraput and Rayagada districts to create irrigation potential and livelihood improvement in the musing affected villages. Various interventions like construction of Check dams, Water harvesting structures, Watershed projects, plantations etc. are taken up under this program. All these activities facilitate in enhancing of ground water recharge.
xvii. Agricultural Sector Saline Areas have been identified and no activities on Borewell and Shallow tube wells are being taken up in the saline belt.
Micro River Lift Projects are being taken up in the saline areas as well as in water deficit areas. Micro Irrigation (Drip and Sprinkler Irrigation systems) are promoted in these projects. Schemes promoting low duty crops such as Crop Diversification Programme (Area covered 29604 ha in 22-23 & 127919 ha in 23-24), Odisha Millets Mission (Area covered 79556.54 ha in 22- 23 & 143643.03 ha in 23-24), NFSM-Pulse (Area covered 7534 ha in 22-23 & 6300 ha in 23-24), Rice Fallow Management (Area covered 72000 ha in 22-23 & 389000 ha in 23-24) are being promoted in selected districts of the State of Odisha.
Direct Seeded Rice programme is also being implemented in selected districts to minimize the water requirement of Rice cultivation.
xviii. Horticulture Sector It has been programmed to take up massive Plantation under of 25000 Ha under MGNREGS during 24-25.
It has been programmed for Micro Irrigation under I'DMC 2024-25 at subsidized rate. Drip - 10000 Hectare, Sprinkler - 61735 Hectare. Total area of 71735 Hectare is to be covered with financial outlay (CS-ESS) of Rs. 12667 Lakh. There is a provision of 1000 Hectare mulching under Mission for Integrated Development of Horticulture (MIDH/NHM) programme in the Annual Action Plan for 2024-25.
xix. Awareness Programme( IEC activities) Awareness Programme (IEC activities) created mass awareness about the Ground water Management including its periodic monitoring TV-Radio related publicity and preparation of associated manuscripts/audio-visuals was done by the Directorate, Ground Water Development (the GWD).
37Mass awareness Programmes on the following themes taken up by the GWD during scheme implementation are:
a. Importance of Ground Water, b. Water Conservation and Roof-top Rainwater Harvesting, c. Re-use of defunct Borewell/Tubewell, d. Watershed Development, e. Intensive afforestation.
The GWD took up the above awareness programmes in public through various modes such as:
Distribution of leaflets/handouts/ pamphlets, fixing hoardings, publicity through print and electronic media i.e., newspaper advertisements, TV spots etc., Conducting awareness workshops/ seminars in schools & educational institutions, Street."
(5). State of Punjab (Respondent 16): It has submitted its reply dated 10.02.2024 filed vide e-mail dated 10.02.2024.
Relevant extract of the report reads as under:
"3. That the answering respondent State has taken the following measures to reduce the over extraction of ground water:-
i) That Punjab Water Resources (Management and Regulations) Act 2020 has been enacted for the purpose of management and regulation of water resources of the State for ensuring the judicious, equitable and sustainable utilization and management of water resources of the State, especially the Groundwater. The Punjab Government has enacted the Punjab Water Resources (Management and regulation) Act 2020 on February 12, 2020, for ensuring the judicious, equitable and sustainable utilization and management of the State' Scritical water Resources.
ii) The Punjab Water Resources and Development Authority 2020 has been established U/S 3 of the Punjab Water Regulation and Development Authority Act which shall ensure Development Management and Conservation of water Resources of the State. It is also empowered to issue general direction related to extraction and use of groundwater, besides ensuring optimal and efficient utilization of all the water resources in the state including canal irrigation.
iii) The Council namely the Punjab State Council for Water Management and Development, is an overreaching body with the Hon'ble Chief Minister as its President, to considers and steers of 38 policies and programs of the State to supply quality water to all persons as affordable costs and prices and ensures optimal judicious utilization of water resources of the State.
iv) The Punjab Water Regulation and Development Authority issued the Punjab groundwater Extraction and Conservation Directions, 2023 vide gazette notification No.75340/ PWRDAPRDOGENL/ 37/2021-PWRDABR/ 418 dated 27.01.2023 which lays down charges and procedure for groundwater use by various sectors.
v) The Punjab Government had engaged M/S Mekorot National water, Company of Israel to prepare water Conservation and Management Master Plan (WCMMP) which has already been submitted to the Government. Based on the recommendations of WCMMP, an Integrated State Water Plan is being framed for which the Government constituted a Core group of various stakeholder departments of the State vide Order No.11/42/18-PJ(3)/799 dated 13.07.2020 under ISWP, the initial draft has already been put forwarded to the core group and the work on framing implementation plans for the major recommendations is under the deliberation stage.
To help in forming these minute-level plans, a subject matter expert council of Energy, Environment and water (CEEW) has already been engaged as a knowledge partner that will facilitate in preparing these plans considering crop suitability, techniques feasibility and socio- economic factors of the State. The Final document shall be submitted to the State Water Council headed by the chief Minister, Punjab.
vi) That 129 no. groundwater recharge schemes are being constructed along the Canal in the premises of water Resources Department, Punjab in convergence with MGNREGA Funds. In continuation to this, additional 60 nos of Ground Water Recharge Scheme are being under implementation by Water Resources Department.
vii) That 410 No. Check Dams in various rivers/Nallah are being constructed in order to recharge ground water.
viii) That 33 No. Works under Amrit Sarovar Yojna have been started by the Water Resources Department in convergence with MGNREGA scheme. Out of these 33 No. works, 21 No. are completed and 12 No. are in progress. These works include construction of Amrit Sarovars and ground water recharge ponds.
39ix) The Punjab Water Resources Department has installed 13 No. Rain Water Harvesting (RWH) recharge system in the schools of SAS Nagar, Mohali district through Corporate Social Responsibility (CSR) by ICICI Foundation.
x) To save ground water extraction and enhance canal water utilisation, a total of 14103 canal water courses were restored."
(6). State of Rajasthan (Respondent 17): It has submitted its reply dated 09.02.2024 filed vide e-mail dated 09.02.2024.
Relevant extract of the report reads as under:
"2. Answering Respondent humbly submits that Rajasthan is the largest state of country having an area of 3,42,239 Sq.Km. (10.4% of the country's geographical area). Rajasthan state falls under semi arid climate region and having rainfall is also low and uneven. Mahi and Chambal are only perennial rivers existing in the state.
3. Answering Respondent humbly submits that the eastern part of Aravalli hill range covered by consolidated formations, receives higher rainfall whereas western area covered with Aeolian sand alluvium receives scanty rainfall. The Average annual rainfall in the State is 460 mm and temperature varies from 0 degree in winters to 48 degree in summers, which has resulted in higher evapo transpiration rates.
It would be relevant to mention here that in Rajasthan 91% of the Domestic Water requirements of Rural/Urban Sector are being catered from Groundwater Sources and only 9% Water requirement is being met from surface water sources.
The groundwater resources in the state are the only most reliable and dependable sources for sustenance of life, water demand and most of the Industrial water growth, urbanization and changing living standards. About 77% of the total irrigation water demand and most of the Industrial Water requirements are being catered from Ground resources only.
4. That the Answering Respondent conducts Ground Water Resource Assessment annually as per GEC guidelines, jointly by State Ground Water Department and Central Ground Water Board. The assessment involves computation of dynamic ground water resources or Annual Extractable Ground Water Resource, Total Current Annual Ground Water 40 Extraction (utilization) and the Percentage of utilization with respect to annual extractable resources (stage of Ground Water extraction). The assessment units are categorized based on Stage of Ground Water Extraction which are then validated with long-term water level trends.
Table : Comparison of Ground water Resources 2023 and 2022 2023 2022 Particulars Annual Extractable 1107363.46 ham 1095955.78 Ground Water Resources ham Total Annual Ground 1673907.14 ham 1655618.03 Water Extraction ham Stage of Ground Water 148.77 151.06 Extraction (%) _ Category of assessment units Safe assessment units 38 38 Semi-Critical assessment 22 20 units Critical assessment units 23 22 Over-Exploited assessment 216 219 units Saline assessment units 03 03 Total of assessment units 302 302 About 70% area of the state falls under the overexploited category as shown in Map-1, Ground Water Extraction and Recharge Scenario from year 1984 to 2024. To substantiate the above mentioned figures, answering respondent annex copy of map of State of Rajasthan and marked as ANNEXURE-R-17/1.
MEASURES TAKEN REGARDING GROUND WATER AUGMENTATION
5. Answering Respondent humbly submits that in Rajasthan State various water conservations, harvesting and recharge related schemes are ongoing like Atal Bhu Jal Yojana, Rajiv Gandhi Jal Sanchyan Yojana, Jal Shakti Abhiyan, PMKSY, MNREGA etc. Atal Bhujal Yojana (ATAL JAL) is a World Bank aided Programme (50% World bank+50% Govt. of India). Implemented from 1 stApril 2020 for 5 year upto 2024-25. The total layout of Yojana is Rs.6000 crore.
This scheme is Implemented in 7 States viz. Gujarat, Haryana, Karnataka, Maharashtra, Madhya Pradesh, Rajasthan & Uttar Pradesh.
416. That the above mentioned projects are implemented through convergence of ongoing central & State schemes. Ground Water Department is the Nodal Department and Project Implementation Agency (PIA). There are 7 Main Line departments associated with this Yojana are Water Resources Department, Public Health Engineering Department, Watershed development and soil conservation, Agriculture, Horticulture, Panchayati Raj and Energy. It covers 1132 GPs of 38 Blocks of 17 districts. Gram Panchayat has been considered aunit in this project. Water security plan of all selected 1132 GPs will be prepared in this project. This is 100% Grant and it is based on Program for Result (P for R).
7. MAIN OBJECTIVE OF THE ABOVE MENTIONED SCHEMES :
i. To arrest the declining trend of Ground Water.
ii. Participatory Ground Water Management (through convergence among various on-going Schemes with the active involvement of local community of stakeholder).
iii. Behavior change in community.
In addition to the aforesaid, as per Urban Development and Housing Department of Government of Rajasthan, it is mandatory to construct rain water harvesting structure in the premises of more than 225 sq. meter plot size in individual household. (Annexure- R-17/2).
8. That the master plan jointly prepared by State Ground Water Department and Central Ground Water Board to recharge ground water artificially in the year 2020 and submitted to all the District Collectors for the implementation through various line departments like WRD, Water Shed, Panchyati Raj, PHED, Agriculture and forest etc. For the regulation and management of Ground Water, constitution of State Ground Water Authority is under process, presently it is under control of Central Ground Water Authority which provide no objection certificate to industries through their online NOCAP web portal."
(7). State of Uttar Pradesh (Respondent 20): It has submitted its reply dated 12.07.2024 filed vide e-mail dated 13.07.2024.
Relevant extract of the report reads as under:
42"3. That Dynamic Ground Water Resources of Uttar Pradesh was earlier estimated jointly by Central Ground Water Board, Northern Region and Ground Water Department, Government of Uttar Pradesh in 2004, 2009, 2011, 2013, 2017 and 2020. Once again with the combined effort of officers of both department the report on "Dynamic Ground Water Resources of Uttar Pradesh as on March-2022" is prepared. The present report shows that out of 836 assessment units, 169 assessment units (169 blocks) are falling under the "Semi- Critical" category, 47 assessment units (46 blocks and 1 urban area) under the "Critical category and 63 assessment units (54 blocks and 9 urban area) under the "Over exploited"
category. Copy of Dynamic Groundwater Resource Estimation Report, 2022 is annexed herewith as Annexure R1.
4. That in the year 2005, the State Government took an important decision through Government Order No. 110/62-1- 2004-830/98, dated 18-01-2005, recognizing the importance of underground water and the impending crisis on it. In view of this, with the aim of creating awareness about its conservation, management, judicious consumption and development and regulated exploitation, approval has been given to celebrate 10th June every year as Ground Water Day in the entire state. Copy of Government Order "16-22 July for Bhujal Saptah Ayojan" dated 05.06.2012 annexed herewith as Annexure R2
5. That the state has made significant progress through various proactive measures in water resource management and groundwater conservation. These efforts have resulted in the reduction of over-exploited and critical blocks and have promoted sustainable water use practices. Copy of Uttar Pradesh Ground Water (Management and Regulation) Act 2019 is annexed herewith as Annexure R3
6. That the state has undertaken significant initiatives to improve ground water recharge and conservation. The construction of 125 check dams, installation of 200 percolation tanks, and promotion of efficient irrigation techniques like drip and sprinkler systems in over 500,000 hectares of agricultural land are noteworthy efforts, these initiatives have led to the recharge of approximately 1,000 million cubic meters of ground water annually, directly addressing issues of over-extraction and depletion. Copy of Atal Bhujal Yojana Scheme Districts with details of Blocks/ Villages & copy of Order of SPMU/DPMU is annexed herewith as Annexure R4
7. That the answering respondent State has taken the following measures to reduce the over extraction of ground water: -
a) Construction Projects:
Check Dams: 6,381 check dams have been constructed to enhance water conservation efforts and improve groundwater recharge.43
Percolation Tanks: 1,162 percolation tanks have been constructed to facilitate the percolation of water into the ground, thus aiding in groundwater recharge.
Old Water Structures: 21,221 old water structures have been renovated to restore their functionality and improve water retention and recharge capacities.
The state has conducted thorough evaluations of ground water resources, categorizing regions into over-exploited, critical, semi-critical, and safe zones. This methodical approach is critical in identifying and addressing areas with high stress on ground water resources.
Statistical Data: The 2022 assessment reveals a detailed categorization with 54 over-exploited blocks, 46 critical blocks, 169 semi-critical blocks, and 557 safe blocks out of a total of 826 blocks. This categorization allows for targeted and effective interventions.
Various minor irrigation schemes have been implemented to support agricultural activities and ensure efficient water use.
b) Rainwater Harvesting:
Public and Government Buildings: 55,448 rainwater harvesting structures have been constructed to capture and store rainwater, reducing dependency on groundwater. Government Buildings: Implemented in 32,087 government buildings, contributing significantly to groundwater recharge.
Other Buildings: Ongoing efforts to implement roof-top rainwater harvesting in other public buildings to maximize water conservation.
c) Advanced Technological Implementation:
The department has adopted advanced technological tools to enhance ground water management. The installation of digital water level recorders at 150 locations and the development of multi-layer aquifer mapping technology ensure precise monitoring and assessment of ground water resources.
These technologies enable the department to make informed decisions based on real-time data, thereby enhancing the efficiency and effectiveness of ground water management strategies.
d) Water Management Programs:
44 Micro-Irrigation: Promotion of drip and sprinkler irrigation systems to conserve water and improve irrigation efficiency.
Rainwater Harvesting: Encouraging the construction of rainwater harvesting structures to augment groundwater levels.
Check Dams and Minor Irrigation Tanks:
Construction of additional check dams and minor irrigation tanks to support water conservation efforts.
e) Block Categorization:
Monitoring: Regular monitoring of development blocks based on water levels to identify and address water-stressed areas.
Over-exploited Blocks: Reduced from 111 in 2011 to 53 in 2023, indicating a significant improvement in groundwater management. Critical Blocks: Reduced from 68 in 2011 to 42 in 2023, demonstrating successful interventions to stabilize groundwater levels.
Semi-Critical Blocks: Increased from 82 in 2011 to 172 in 2023, reflecting the dynamic nature of groundwater availability and the need for continued efforts.
Safe Blocks: Maintained around 559 from 2011 to 2023, ensuring sustainable groundwater use in these areas.
f) Key Actions and Findings:
I. Assessment and Categorization:
Thorough evaluations have categorized regions into over-exploited, critical, semi-critical, and safe zones, guiding targeted interventions. In 2022, the assessment identified 54 over- exploited blocks, 46 critical blocks, 169 semi- critical blocks, and 557 safe blocks out of a total of 826 blocks.
II. Recharge and Conservation Efforts:
Initiatives such as check dams, percolation tanks, and efficient irrigation techniques in over 500,000 hectares aim to ensure sustainable water supply.
Approximately 1,000 million cubic meters of groundwater are recharged annually, addressing over-extraction and depletion concerns.
III. Regulatory Measures:45
The Uttar Pradesh Ground Water Management and Regulation Act, 2019, mandates rainwater harvesting systems and imposes penalties for illegal extraction.
Technological advancements like digital recorders and aquifer mapping enhance regulatory capabilities.
IV. Public Awareness and Community Involvement:
Community engagement through village-level committees and awareness campaigns fosters a culture of conservation and responsibility. Despite challenges, the state remains committed to sustainable development, leveraging technological advancements and community involvement.
That the state has made significant progress through various proactive measures in water resource management and groundwater conservation. These efforts have resulted in the reduction of over-exploited and critical blocks and have promoted sustainable water use practices.
11. Today, situation is that only Respondents 5, 9, 11, 12, 13, 15, 16, 17, 18 and 20 have filed their responses/reports and rest have chosen not to respond at all. This is really surprising when a serious issue relating to depletion of groundwater Pan India is under consideration before Tribunal which seriously affects fundamental right of life of people of this country, still, most States have chosen not to respond at all and keeping silent over the matter. The jurisdiction of this Tribunal for protection of environment is not an adversarial jurisdiction and, therefore, State Authorities cannot keep themselves away from the proceedings of Tribunal but are under a statutory obligation to comply with the directions particularly when non-compliance of direction of Tribunal constitutes an offence under Section 26 of National Green Tribunal Act, 2010 (hereinafter referred to as "NGT Act, 2010") which provides serious punishment. We find it appropriate to reproduce Section 26 as under:46
"26. Penalty for failure to comply with orders of Tribunal.
(1) Whoever, fails to comply with any order or award or decision of the Tribunal under this Act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention:
Provided that in case a company fails to comply with any order or award or a decision of the Tribunal under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be deemed to be non-cognisable within the meaning of the said Code."
12. Looking into seriousness of the matter, as a last opportunity, we grant one month's time to Respondents 4, 6, 7, 8, 10, 14, 19, 21, 22, 23 and 24 and we may remind them that these States should not compel us to take steps for prosecution under section 26 of NGT Act, 2010 by refraining from not responding and complying Tribunal's order.
13. We also direct that in case no response is filed by above States within one week prior to next date of hearing, on the next date Additional Chief Secretary/Principal Secretary, Department of Water Resources of above States who failed to response, shall appear before Tribunal.
14. Now, coming to the issue of regulation of groundwater by CGWA, it is an admitted position that CGWA is a body constituted under Section 3(3) of Environment (Protection) Act, 1986 (hereinafter referred to as "EP Act, 1986") for the purpose of regulation and control of groundwater 47 management and development in the country. The above body was constituted vide Notification dated 14.01.1997 issued by MoEF&CC pursuant to a direction issued by Supreme Court in MC Mehta vs. UOI (1997)11 SCC 312.
15. Mr. Gigi. C. George, learned Counsel appearing for CGWA stated that in various States, groundwater is being regulated by Provincial Enactments promulgated in those States and where the enactments have not been made, CGWA has issued guidelines dated 24.09.2020 as amended from time to time. However, when we questioned as to in what manner CGWA actually is regulating and monitoring water level of groundwater, its contamination, etc. and where State Provincial Enactments are lacking requisite details and mechanism for controlling continuous depletion level of groundwater and its contamination, whether any action has been taken by CGWA, he could not give any reply whatsoever. The reports and replies as well as additional reply submitted by CGWA are also silent on all these aspects.
16. We are satisfied that CGWA as a central body, being ultimate repository of power for regulation of groundwater, is actually not discharging its statutory function whatsoever in an effective manner so as to regulate and monitor water level of groundwater and its contamination Pan India. Its function is more in the nature of inaction where local enactments have been made without looking into the facts where local enactments are exhaustive, provide effective mechanism for regulation and monitoring groundwater and where there are lapses, still, it is keeping its hands away from interference and failing to issue requisite directions for taking effective steps, including punitive and prohibitive action against the defaulters or violators. In effect, we are satisfied that CGWA has virtually failed in discharge of its statutory functions for the 48 purpose of regulation and monitoring with regard to development and management of ground water in the country. This is a disturbing situation where a statutory body, created particularly under the orders of Apex Court, and in exercise of statutory powers by MoEF&CC under Section 3(3) of EP Act, 1986, is failing to discharge its functions as it was supposed to do.
17. In these circumstances, we have no option but to direct Chairman, CGWA to remain present on the next date to apprise Tribunal as to what effective steps it is taking or it has taken or propose to take for regulation of groundwater across the country irrespective of the fact whether any Provincial Enactment has been made in a particular State or not. It is not disputed that though water is a 'State' subject but to the extent it is covered by EP Act, 1986, Supreme Court has already held in MC Mehta (supra) case that the provisions made under EP Act, 1986 shall prevail over local enactments and shall have precedence.
18. We also make it clear that all States Respondents, who have already filed their response/reports, shall ensure their representation before Tribunal on the next date either through any authorized representative or through Counsel, failing which we will be compelled to direct for personal appearance of concerned Secretaries and may also pass further stringent order as the situation may demand.
19. All Respondents shall also explain by filing reply/additional reply, as the case may be, placing on record as to what considerations are taken into account while granting permission for extraction of groundwater particularly for commercial or industrial purposes in OCS areas, i.e., Over-Exploited areas, Critical and Semi-Critical.
20. List the matter on 12.09.2024.
4921. A copy of this order shall be forwarded to all the respondents by Registry forthwith for compliance.
Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 26, 2024 Original Application No. 694/2023 DV 50