Nand Kumar vs Govt. Of N.C.T. Of Delhi on 13 July, 2020

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National Green Tribunal

Nand Kumar vs Govt. Of N.C.T. Of Delhi on 13 July, 2020

Bench: Adarsh Kumar Goel

Item No. 04                                                    Court No. 1


              BEFORE THE NATIONAL GREEN TRIBUNAL
                  PRINCIPAL BENCH, NEW DELHI

                           (By Video Conferencing)


                   Original Application No. 970/2019

                        (With report dated 15.06.2020)

Nand Kumar                                                     Applicant(s)

                                   Versus

Govt. of NCT of Delhi                                       Respondent(s)




Date of hearing: 13.07.2020


CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
       HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
       HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
       HON'BLE DR. NAGIN NANDA, EXPERT MEMBER


                                   ORDER

1. The matter pertains to illegal drawl of ground water at Mayapuri, Delhi for commercial purpose. On 06.05.2020, on consideration of the matter, it was observed:

"A Report was sought from Deputy Commissioner, South and Delhi Jal Board (DJB) with reference to the allegation of illegal extraction of ground water at Mayapuri for commercial purposes.

Accordingly, DJB has filed report dated 24.02.2020 mentioning the particulars of 141 unauthorized borewells. Out of 141 illegal borewells identified, only 4 have been sealed and 137are still continuing.

In view of illegal operation of borewells, severely affecting the ground water level, in Delhi, the DJB must expeditiously take remedial action of closing the borewells and also assessing and recovery of compensation from the persons who have operated such borewells, in coordination with other concerned authorities, following due process of law.

A compliance report may be furnished by 31.07.2020 by e- mail at [email protected].

List for further consideration on 17.08.2020."

2. Accordingly, a further report has been filed by the DJB giving the action taken report in an annexure. The summary is given as follows:

"1. Total Nos of illegal Bore wells found 141 Nos.

2. Total Nos of illegal Bore wells Sealed upto 13.03.2020 91 Nos.

3. Total Nos of illegal Bore wells yet to be sealed 50 Nos.

Note: lt is to submit that alt balance illegal Bore wells was expected to be sealed within next 15 Days i.e. upto 25.03.2020 subject to condition that required police force for protection be provided by Delhi Police to sealing Teams comprising of Revenue and DJB officials, but due to containment duty and thereafter Lockdown since 25.03.2020, no further sealing programe scheduled till date."

3. We have dealt with the matter of illegal drawl of ground water by unauthorized borewells in Delhi in O.A No. 25/2019, Abdul Farukh v. Govt. of NCT of Delhi and noted the steps taken so far. We have directed that further action be taken in the status report as on 31.12.2020 filed before this Tribunal.

List for further consideration along with the above matter on 29.01.2021.

Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM Dr. Nagin Nanda, EM July 13, 2020 Original Application No. 970/2019 AK 2

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