National Green Tribunal
Abdul Farukh vs Govt. Of N.C.T. Of Delhi on 19 November, 2019
Bench: Adarsh Kumar Goel, K. Ramakrishnan
Item No. 20 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 25/2019
(With Report dated 18.11.2019)
Abdul Farukh Applicant(s)
Versus
Govt. of NCT of Delhi Respondent(s)
Date of hearing: 19.11.2019
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S.P WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None
For Respondent(s): Mr. Raj Kumar, Advocate for DPCC with Mr.
Dinesh Jindal, Law Officer, DPCC
ORDER
1. Question for consideration is the remedial action against illegal extraction of water for sale by private tankers by installing unauthorized tube-wells. Vide order dated 15.01.2019, a report was sought from the Delhi Jal Board (DJB). The matter was further reviewed on 30.05.2019 in the light of report received from the DJB acknowledging illegal operation of the tube-well in spite of the same being earlier sealed.
2. The Tribunal directed:
"3. We find that illegal installation of tube-well being an offence under the Environment (Protection) Act, 1986, the DJB in coordination with the Delhi Pollution 1 Control Committee (DPCC) must initiate prosecution, apart from recovering compensation for the damage caused which should be deterrent having regard to the financial capacity of the polluter and also dismantle and seize the equipment so as to prevent any reopening of the seal in future, as happened earlier.
4. The DPCC and the DJB may adopt a policy in this regard for universal approach to be adopted against illegal drawal of water. A further action taken report in the matter be furnished in the matter within one month by e-mail at [email protected]."
3. The matter was thereafter considered on 30.10.2019 as follows:
"3. Report dated 12.09.2019 has been filed by the DJB and report dated 28.10.2019 has been filed by the DPCC.
4. The report of the DJB states that there are 19,154 illegal bore wells out of which 2630 have been sealed. The tub-well near Barat Ghar Ghandanhulla which was subject matter of consideration in the present matter stands sealed. The action for sealing has to be taken by the District Magistrates. The report of the DPCC is that compensation has been assessed for the illegal operation of the tube-well which is the subject matter of consideration in the present matter.
5. The above resume shows that even though 19154 illegal bore well are acknowledged and action is said to have been taken against 2630, status of action against remaining 16524 illegal bore wells is not known. Only plea is that such action has to be taken by the DMs concerned. Even if it is so, operation of extraction of ground water being regulated under the provisions of the Environment (Protection) Act, 1986, the jurisdiction is also vested with the DPCC, apart from other Authorities, including the CGWA and DMs. The DPCC can either directly take action or coordinate with the DMs/SDMs on regular basis and ensure that appropriate legal action is taken against operation of illegal bore wells for protection of the ground water. The action has to be by way of closing the operation of the illegal bore-wells, prosecuting such operators and by recovering compensation on 'Polluter Pays' principle as has been done for one tube well mentioned earlier.
6. Let a further action taken report be filed by the DPCC before the next date by email at [email protected]. The matter may also be looked into by the Chief Secretary, Delhi having regard 2 to the magnitude of the problem who may give his report in the matter before the next date. A copy of this order be sent to the Chief Secretary, Delhi by email for compliance."
4. Accordingly, further report has been filed on 18.11.2019 by the DPCC to the effect that an action plan has been prepared which was reviewed in a meeting held by the Chief Secretary, Delhi with the officials of DPCC, Jal Board and Revenue Department. The entire action in the matter will be completed by 31.03.2020.
5. Let a compliance report be filed before the next date by e-mail at [email protected].
List for further consideration on 22.04.2020.
Adarsh Kumar Goel, CP S.P Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM Saibal Dasgupta, EM November 19, 2019 Original Application No. 25/2019 DV 3