National Green Tribunal
Shanmugam vs The Government Of Puducherry ... on 13 February, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Thursday, the 13th day of February, 2025.
Original Application No. 54 of 2023 (SZ)
(Through Video Conference)
IN THE MATTER OF
1. Mr. Shanmugam,
S/o Subburayallu,
1/122, Perumal Koil Street,
Rampakkam, Rampakkam,
Viluppuram, Tamil Nadu- 605 105.
2. Mr. Krishnamurthy,
S/o Muthurayal,
82, Main Road, Villupuram Taluk,
Viranam Post, Sorappur,
Viluppuram, Tamil Nadu- 605 106.
3. Janarthanan,
S/o K. Balasubramanian,
12, 9th Cross, Anna Nagar,
Nellithope, Pondicherry- 605 005.
4. R. Shridhar,
S/o Ramamoorthy,
9, Reddiyar Street, Vaanpakkam Post,
Nellikuppam (Tp), Nellikuppambazaar,
Cuddalore, Tamil Nadu- 607 105.
5. M. Gopalakrishnan,
S/o Muthunarayanan,
Drowpathiamman Koil Street,
Karaiyambuthur,
Puducherry- 605 106.
6. Ramkumar E.,
S/o Ekambaram,
22/1, Keezhimada Street,
Thirukandeeswaram, Neilikuppam,
Cuddalore, Tamil Nadu- 607 105.
7. Purushothaman. M
C/o Muthulingam,
443, Murugan Koil Street,
Krtishnapuram, Villupuram,
Tamil Nadu- 607 109.
8. Chakkaravarthy,
S/o Narayanassany,
27, Bahour Rd, Kariyamputhur & (P.O),
Pondicherry- 605 106.
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9. Ravikumar Arunachalam,
S/o Arunchalam,
207, Omr Street C Pagandal,
Pagandal, Cuddalore,
Tamil Nadu- 607 112.
10. N. Ramasamy,
S/o Arunachalam,
22, Hospital Street, Karaiyamputhur & (P.O),
Pondicherry- 605 106.
11. Subramanian Purushothaman,
S/o Purushothaman,
40/1, Reddiyar Street,
Sornavurmelpathi, Viluppuram,
Tamil Nadu- 607 104.
12. V. Rajasundaram,
S/o K.S. Venkatasubban,
12, Throwpathiamman Koil Street,
Karaiyaputhur & (P.O),
Pondicherry- 605 106.
13. B. Sundararaman,
S/o K.S. Bangaru,
8, Throwpathiamman Koil St, Kariyamputhur,
Pondicherry- 605 106.
14. Parasuraman M.
S/o Muthalu,
47, Periyapet St,
Karaiyamputhur & (P.O),
Pondicherry- 605 106.
15. Ramakrishnan V.
S/o Vengadamsay,
1, Nellikuppam St. Manamedu,
Pondicherry- 605 106.
16. Raja Sekar. K,
S/o Kuppusamy,
1, Cross St. Panayadikuppam,
Pondicherry- 605 106.
...Applicant(s)
Versus
1. The Government of Puducherry,
Represented by the Chief Secretary,
Puducherry- 605 001.
2. The Superintending Engineer,
Project Director- AFD Project Unit,
PWD, Puducherry- 605 001.
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3. The Secretary,
Ground Water Authority, Puducherry,
WRG5+J9Q, 3rd Cross Ext,
Mariamman Nagar, Karamanikuppam,
Puducherry- 605 004.
4. The Secretary,
Water Resources Department,
Government of Tamil Nadu,
Fort St. George,
Chennai- 600009.
...Respondent(s)
For Applicant(s): M/s C. Prasanna Venkatesh, K. Jayanthi,
Kasilda.J, S. Murali and K. Mallika.
For Respondent(s): Mr. Ramaswamy Meyyappan a/w Ms. Dhanya
Dheekshita for R1 to R3.
Dr. D. Shanmuganathan for R4.
Judgment Reserved On: 29th January, 2025.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The 2nd respondent, who is the Project Director of the Agence Française de Développement called AFD, for the purpose of augmentation of water supply sources and rehabilitation of the water system in the urban areas of Puducherry District (Phase I) initiated the AFD Project. The said project with an estimated budget of Rs. 534 crore, involves the erection of tube wells in the villages of Kaduvanur, Karayambutur, Panayadikuppam, and Manamedu to ensure access to quality drinking water.
2. The present challenge is to the said project by the applicants' raising concerns about its environmental impact and potential 3 depletion of groundwater resources. Their primordial contention is that the respondents failed to take adequate measures to replenish groundwater levels despite the extraction activities proposed under the project. In this regard, the 3rd respondent was directed to furnish the details regarding the fund allocated for ground water recharge.
3. The said AFD project which is now questioned sought permission from the 3rd respondent, Ground Water Authority, Puducherry for installation of deep borewells. The Authority also granted necessary permission, reportedly after taking precautions to ensure the replenishment of extracted water.
4. The 3rd respondent submitted that even for industrial ground water extraction the Authority insisted on the construction of recharge structures funded by the respective industries.
5. The applicants have stated that the project is funded by French Development Agency for the territory wherein, the major funding is from French Government with the nominal contribution of the Government of Puducherry. It is further stated that the Government decision to sink 84 borewells 600 feet deep, 8-inch dia with 25 HP motor for each borewell and draw 12.5 lakh liters of water from each borewell per day to be sent to Puducherry town would be devastating as it would destroy the agricultural activities for around 5000 acres of sugar cane, paddy, banana and coconut crops as well as the drinking water needs of the villages referred above.
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6. It is alleged that the Government of Puducherry failed to consider the potential impact of sinking the borewells by conducting a comprehensive groundwater assessment in the region to determine the groundwater potential and the impact of the borewells on the existing groundwater resources on agriculture in the area. Therefore, a direction is now sought against the respondents to stop sinking of borewells in the villages referred in the application.
7. In response the 2nd respondent, PWD, Puducherry, explained that the project aims to provide good drinking water to the urban areas of Puducherry by erecting tubewells in the application referred villages with funding from AFD. The report also highlighted the necessity of the project due to seawater intrusion into urban water sources, rendering them salty and unusable.
8. The allegations made by the applicants are denied as they are absolutely incorrect based on the following reasons:
(i) The Central Ground Water Authority, Chennai, conducted a detailed study in 2014, which revealed that the Vellar basin aquifer can sustain a permissible groundwater withdrawal of 550 million cubic meters per year.
(ii) The project proposes to extract water only from the fourth aquifer layer, which is suitable for domestic purpose and limits the withdrawal to 28 million cubic meters per year.
(iii) The allegations of reduced water levels due to borewells are denied, as precautionary measures are being adopted. 5
(iv) Only 40 to 45 borewells are proposed, contrary to the applicants' claims of 84 borewells.
9. Apart from the above, there is another anicut in the South Pennaiyar by name Sornavur anicut which is situated in the Tamil Nadu, however, maintained by the Irrigation Division of the PWD, Puducherry. By way of recharge measure, the respondent proposes to construct two more check dams one at Manamedu and another at Soriankuppam, besides, desilting of the feeder canal. The respondent further emphasized compliance with the National Water Policy and highlighted that the project would not deprive the applicants or adjacent Tamil Nadu villages of water.
10. The 3rd respondent, Ground Water Authority, Puducherry, in its report had emphasised the precautions taken while granting permission for groundwater extraction. They highlighted ongoing efforts to construct recharge structures, including the check dam across the River Guduvaiyar at Melsathamangalam Village from its own fund as a significant initiative to recoup water levels.
11. This respondent had sanctioned an amount of Rs. 2.10 crores of which 1.10 crores has already been released as first instalment to the Irrigation Division of the PWD, Puducherry. The balance will be paid on completion of 50% of the construction works subject to rendering of accounts.
12. The 3rd respondent substantiated their stand on the following grounds:
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(i) The decision to allow groundwater extraction was made after evaluating the aquifer's capacity and ensuring that extraction levels would remain sustainable.
(ii) Extraction is restricted to specific depths to avoid overexploitation of vulnerable aquifers.
(iii) Recharge measures are intended to balance water withdrawal and prevent depletion.
Thus, the initiative was justified and if completed would mitigate ground water depletion.
13. The 4th respondent, Water Resources Department, Tamil Nadu, filed its report providing crucial insights into the groundwater conditions in the affected areas. According to the report, Kandamangalam Firka in Villupuram adjacent to the project sites, falls under the "Semi-Critical Firka" category, with groundwater extraction between 70% and 90%.
14. Historical assessments based on the methodology evolved by the Ground Water Resources, Estimation Committee categorized the area as a "Dark Block," reflecting high extraction levels. The term "Dark Block" refers to areas where groundwater extraction exceeds the natural recharge capacity, typically beyond 85%, making such regions highly vulnerable to severe groundwater depletion and environmental stress. This categorization underscores the need for stringent precautionary measures.
15. The report further highlighted that the region had experienced an average water level fluctuation between 11.39 meters and 34.11 meters during the pre-monsoon and post-monsoon seasons over a period of 15 years, with the overall long-term average fluctuation 7 being 22.75 meters. Nevertheless, the 4th respondent emphasised the necessity of thorough precautionary measures, which include:
(i) Conducting detailed hydrogeological studies to assess the long-term impact of the proposed groundwater extraction.
(ii) Implementing recharge measures by constructing suitable recharge structures.
(iii) Installing piezometers with real-time monitoring systems to continuously track groundwater levels and extraction impacts.
16. The 2nd report filed by the 3rd respondent, Puducherry Ground Water Authority, reiterated its previous submissions and provided updates on the progress of the check dam construction. It was asserted that if the recharge structures are completed, it would significantly contribute to groundwater replenishment and answer the concerns expressed by the applicants.
17. The 3rd respondent has stated that though there is a delay the work for the check dam project was progressing. The efforts to desilt feeder canals and implement recharge measures continued.
18. The Government of Tamil Nadu, WRD issued G.O. (MS) No. 37 dated 07.03.2024 through which Dynamic Ground Water Resources Assessment for Tamil Nadu as on March, 2023 was done, categorising the 'Firkas' as over-exploited, critical, semi- critical, safe and saline based on assessment.
19. As per the above G.O., Kandamangalam Firka comes under Sem- critical Firka where the ground water extraction percentage ranges 8 from above or equal to 70% and below or equal to 90%. This is due to continuous extraction of groundwater for the wet crops of paddy, sugarcane and banana in these areas.
20. While so, the project for augmenting water supply and rehabilitating the water system in urban areas of Puducherry is undeniably critical for addressing the region's drinking water needs. The necessity of this initiative, particularly in response to the challenges posed by seawater intrusion into local water sources, has been emphasized by the respondents. Nonetheless the concerns raised by the applicants and the Water Resources Department, Tamil Nadu, highlight the serious environmental risks that cannot be overlooked.
21. As already mentioned, the Kandamangalam Firka is classified as a "Dark Block," where groundwater extraction exceeds the natural recharge capacity, which underscores the fragile state of groundwater resources in the region. Additionally, the fluctuations in water levels-ranging between 11.39 meters and 34.11 meters during pre and post monsoon seasons further suggest unsustainable extraction practices over the years. The potential depletion of groundwater due to the project's proposed borewell installations could exacerbate these issues unless adequate safeguards are implemented.
22. The Water Resources Department, Tamil Nadu had recommended precautionary measures, including detailed hydrogeological study of the area, possibility of diverting excess surface water, construction of suitable recharge structures and installation of 9 piezometers with real-time monitoring systems. These suggestions are essential for mitigating the environmental risks associated with groundwater extraction and ensuring long-term resource sustainability.
23. In light of the above, it is imperative that the respondents conduct further detailed studies to comprehensively assess the environmental impacts of the project. Real-time monitoring of the water level in the area for replenishment of extracted groundwater must be instituted before or expanding the scope of the project. This approach will help to strike a balance between the urgent public need for clean drinking water and the pressing need to protect and conserve groundwater resources for future generations to come.
24. With the above observations, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.54/2023 (SZ) 13th February, 2025. (AM).
10 Per HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Directions:
(1) The Puducherry Groundwater Authority (Respondent No.3) is directed to survey the project area to identify potential locations for the construction of more check dams to ensure adequate groundwater recharge as well as sustainable extraction of groundwater to meet their drinking water needs. (2) The Water Resources Department, State of Tamil Nadu is directed to identify potential locations for constructing check dams in the Kandamangalam Firka and obtain necessary funding from the Government.
(3) The Water Resources Department, State of Tamil Nadu may also approach the Department of Agriculture and the Department of Rural Development to promote the construction of farm ponds on a large scale in the Kandamangalam Firka to ensure rainwater harvesting.
(4) The Puducherry Groundwater Authority and the Water Resources Department - State of Tamil Nadu are also directed to promote the rooftop rainwater harvesting structures with recharge shaft facilities in all institutional areas in the Project Area and Kandamangalam Firka respectively.
.......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.54/2023 (SZ) 13th February, 2025. (MN).
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Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 54 of 2023(SZ) Mr. Shanmugam, Vs. The Government of Puducherry & Ors.
O.A. No. 54/2023(SZ) 13th February, 2025. (AM) 12