National Green Tribunal
Ganesh Prasad vs Department Of Environment & Ors on 16 September, 2025
Items No. 01 & 02 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 639/2022
(I.A. No. 180/2025)
Pritipal Sharma Applicant
Versus
Department of Environment & Ors. Respondents
WITH
Misc Application in Disposed of Cases No. 24/2023
In
Original Application No. 33/2022
Ganesh Prasad Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondents
Date of hearing: 16.09.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Original Application No. 639/2022:
Applicant: Mr. M. P. Sahay, Advocate for the Applicant (through VC)
Applicant in person.
Amicus Curiae: Mr. Raj Panjwani, Senior Advocate.
Respondents: Ms. Jyoti Mendiratta and Ms Ananya Basudha, Advocates for
respondent no. 1, 4 and 10.
Mr. Wairokpam Punshiba Singh, SDM, Mehrauli,
Mr. Ankit Kumar, DCF (South) and Mr. Puneet Kumar Tiwari,
Range Officer, DCF, (South).
Mr. Gi Gi George, Advocate for respondent no. 2.
Ms. Priyanka Swami, Advocate for respondent no. 3.
Mr. Tarun Cummra, Advocate for respondent no. 5.
1
Ms. Sakshi Popli, Advocate for respondent no. DPCC (through VC).
Mr. Sanjay Kumar Jain, IPS, Joint Commissioner of Police,
Sothern Range (through VC) and Mr. Rajesh Sharma, Inspector,
SHO, P S Fatehpur Beri.
(Application dismissed as withdrawn qua relief against
respondents no. 6 to 9 vide order dated 20.04.2023).
M.A. in disposed of Cases No. 24/2023 In O.A. No. 33/2022:
Applicant: None for the applicant.
Respondents: Ms. Jyoti Mendiratta and Ms Ananya Basudha, Advocates for
GNCTD with Mr. Wairokpam Punshiba Singh, SDM, Mehrauli, Mr.
Ankit Kumar, DCF (South) and Mr. Puneet Kumar Tiwari, Range
Officer, DCF, (South).
Ms. Priyanka Swami, Advocate for DJB.
Ms. Sakshi Popli, Advocate for DPCC (through VC).
ORDER
1. Action taken Report dated 11.09.2025 has been filed by respondent no. 3- Delhi Jal Board (DJB). The relevant part of the action taken Report reads as under:-
"ACTION TAKEN REPORT ON BEHALF OF DELHI JAL BOARD IN COMPLIANCE TO ORDER DATED 28.05.2025 X X X X
4. That upon completion of the aforesaid verification exercise, it has now been ascertained and respectfully submitted as follows with regard to the 4,033 illegal borewells initially reported as "untraceable/closed":
i. 3,875 illegal borewells were found to have been closed by the residents themselves and no longer exist at the site. In these cases, the borewell structures have been dismantled or filled up voluntarily, prior to or during the investigation.
ii. 153 illegal borewells were found untraceable primarily due to incorrect or incomplete address/details of the premises (for example, wrong addresses, names of occupants, or non- functional contact numbers had been provided, rendering on- site verification impossible).
iii. 5 illegal borewells were discovered to have since obtained valid approval from the District Level Advisory Committee (DLAC). These borewells, though initially flagged as illegal, have been regularized through proper permissions.
X X X X
5. That in compliance with the Hon'ble Tribunal's direction in paragraph 33 of the order, the answering Respondent states that the relevant regulatory framework for groundwater extraction has been circulated and is being strictly enforced, and decisive steps 2 are being taken to avoid any laxity or delay on part of the officials concerned. The Hon'ble Tribunal, in para 33, noted that although the Government of NCT of Delhi had issued Notification No. F.8(348)/EA/Env/09/1041-1061 dated 18.05.2010 and, pursuant to orders of this Tribunal in O.A. No. 685/2019 (Rakesh Kumar vs. GNCTD & Ors.), put in place a comprehensive Standard Operating Procedure (SOP) titled "Regulation of extraction of ground water, closure, prohibition of illegal activities relating to use of borewells/tubewells," there remained a concern that field officers were not taking prompt action, resulting in undue and unreasonable delays which benefit violators and cause irreversible environmental harm. The DJB has taken serious note of these observations. It is submitted that the aforesaid Notification of 18.05.2010 and the SOP have been widely circulated to all concerned departments and officers for strict compliance. All officers, especially those at the field level, have been expressly directed to take prompt and proactive action against any instance of illegal borewell/tubewell operation or unauthorized groundwater extraction, in accordance with the law and the SOP, without any inaction or undue delay. The DJB has impressed upon its officials that any lapse, inaction or unreasonable delay in addressing illegal borewells will invite strict accountability, as it "facilitates only the violator and causes damage to the environment" (in the Hon'ble Tribunal's words). By reinforcing these instructions and ensuring vigilant enforcement of the existing rules and SOP, the DJB seeks to fully comply with the letter and spirit of the Hon'ble Tribunal's directive in para 33 of the order.
The answering Respondent remains committed to preventing environmental harm by promptly shutting down illegal borewells and penalizing violations as per law.
2. Reply affidavit dated 12.09.2025 has been filed by respondent no. 1- Sanjeev Kumar Mittal, Deputy Commissioner (HQ), Department of Revenue, Govt. of NCT of Delhi. The relevant part of the reply affidavit reads as under:-
"REPLY AFFIDAVIT ON BEHALF OF RESPONDENT NO. 1, GOVT.
OF NCT OF DELHI
X X X X
3. It is most respectfully submitted that pursuant to the above direction and on receiving the order dated 28.05.2025 of this Hon'ble Tribunal, the same was forwarded to all District Magistrates and the Delhi Jal Board with the direction to provide Action Taken Report in respect of paras No. 30,31,32,34,38,40 and 41 of the said order.3
4. Thereupon, all the revenue districts have replied affirming that the directions so far as they pertained to the revenue authorities, namely in paras 34 and 38, had been duly noted for compliance. The said Revenue Districts intimated that immediate action is being taken on receipt of complaint regarding borewells in coordination with the concerned departments. The said Replies received from all Revenue Districts are annexed hereto as Annexure-B (Colly).
X X X X
6. It is further most respectfully submitted that vide order dated 12.09.2025 with the approval of the worthy Chief Secretary, all the concerned Departments and all the Districts Magistrates were again requested to strictly comply with the directions in para 34 of the order dated 28.05.2025 of this Hon'ble Tribunal and they were also put to notice of the repercussions that would follow in case of non-compliance. Copy of the said order dated 12.09.2025 is annexed hereto as Annexure-D.
7. It is also submitted that as regards compliance with para 38 of the above-said Order of this Hon'ble Tribunal, that only GPS fitted tankers should be used for supply of water for commercial purposes in the National Capital Territory of Delhi, an order dated 12.9.2025 has been issued by the Revenue Department (NGT Branch). The said order also noted the earlier notification dated 10.01.2014 issued by the Department of Environment, GNCT of Delhi, with the approval of Hon'ble Lt. Governor, Delhi for mandatory installation of GPS in all water tankers enabling monitoring their movement in Delhi. The said notification provides inter-alia as follows:
"(13). All water supply tankers supplying water in Delhi to have mandatory registration with the Competent Authority i.e. Delhi Jal Board/ New Delhi Municipal Council, as the case may be. The Competent Authority shall also ensure mandatory installation of GPS in all tankers enabling monitoring their movement in Delhi. Further, the Competent Authority shall regularly monitor quality of water supplied through tankers, as per drinking water standards IS: 10500:2012. The Competent Authority shall also specify water supply charges for sale of water by the tanker owners.
(14) All the drilling machines/rigs utilized for boring purposes in Delhi shall have mandatory registration with the Office of Divisional Commissioner/Deputy Commissioner (Revenue).
The movement of drilling machines/rigs shall be allowed for specified purposes/place(s) and duration by the concerned Deputy Commissioner (Revenue).
(15) Deputy Commissioner (Revenue), Delhi Police and Transport Department, GNCT to ensure strict compliance and 4 initiate action against the violators not having mandatory registration of water supply tankers and drilling machines/rigs and their unauthorized movement in Delhi." Copy of the said order dated 12.9.2025 is annexed hereto as Annexure-E."
3. Action taken Report dated 11.09.2025 has been filed by Sub- Divisional Magistrate (Mehrauli). In his action taken Report, SDM Mehrauli has submitted that warrant of attachment dated 21.07.2025 was issued on which Rinku deposited EC amount of Rs.9,46,080/- vide Demand Draft No. 411014 dated 02.08.2025. On receipt of letter dated 05.08.2025 from Forest Department for removal of encroachment after issuing 15 days' notice to the occupier, action was taken for removal of unauthorised encroachment on 02.09.2025.
4. However, we find that in the above mentioned action taken report, the boundaries and measurements of the land from which encroachment was allegedly removed have not been mentioned and the report regarding demolition/removal of encroachment is also vague.
5. SDM, Mehrauli and DCF (South), Delhi are directed to file additional Report with boundaries and measurements of the forest land alleged to have been encroached upon from which encroachment has been removed and also particulars of the land on which encroachment still exists.
6. Respondent no. 5- Rinku has filed affidavit dated 15.09.2025 submitting that neither he nor any of his family member was in possession of the premises in question and has undertaken to furnish bond for appearance and security of Rs.9,46,080/-. However, furnishing of security is not required as the EC amount of Rs. 9,46,080/- has been deposited and respondent no. 5-Rinku will be entitled to avail the remedies in accordance with law against order imposing EC on him passed by DPCC. 5
7. Report dated 11.09.2025 has been filed by respondent no. 2- Central Ground Water Authority (CGWA). The relevant part of the report reads as under:-
"REPORT ON BEHALF OF THE CENTRAL GROUND WATER AUTHORITY, NEW DELHI (R-2) X X X X
3. That in compliance to the directions of the Hon'ble Tribunal, the CGWA, vide letter dated 01.08.2025, issued directions under Section 5 of the Environment (Protection) Act, 1986 to the Chief Executive Officer, Delhi Jal Board (DJB). The CEO, DJB was instructed to collect and compile the following information from relevant authorities and submit the same to the CGWA by
08.08.2025:
(i) Details of No Objection Certificates (NOCs) issued by the Competent Authority in NCT of Delhi till date.
(ii) Date pertaining to illegal borewells identified and actions taken (including sealing, imposition and recovery of Environment Compensation/penalty).
(iii) Plans or ongoing initiatives for rejuvenation of water bodies and artificial recharge mechanisms.
(iv) Present Status of registration Certificates issued prior to 12.07.2010 by answering respondent to groundwater users in NCT of Delhi.
A copy of the Direction letter dated 01.08.2025 is annexed hereto and marked as Annexure-I.
4. That due to non-receipt of information within stipulated time, CGWA issued Show Cause Notice to DJB vide letter dated 18.08.2025. The copy of Show Cause Notice dated 18.08.2025 is annexed and marked as Annexure-II.
5. That in response to the Show Cause Notice issued by the Central Ground Water Authority (CGWA), the Chief Executive Officer of the Delhi Jal Board, vide letter dated 01.09.2025, provided the information sought by the CGWA and further provided explanation regarding the delay in submission of the Compliance Report. Copy of the letter is annexed hereto and marked as Annexure-III.
6. That the in pursuance to the directions of Hon'ble Tribunal fresh report is summarized below:
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• Number of illegal borewells in NCT of Delhi :
No. of No. of B/W B/W not B/W B/W B/W
illegal B/W voluntarily traceable approved pending under
B/W sealed discontinued due to by DLAC for Court
operating by the incorrect sealing stay
within residents address
the
National
Capital
Territory
(NCT) of
Delhi
20,297 15,962 3,875 153 05 142 160
• Adequacies and efficiencies of action taken by the
administrative authorities in NCT of Delhi: From the table above it can be seen that majority of the illegal borewells have been sealed.
• The remedial measures necessary for the rejuvenation of water bodies and recharge of groundwater resources: As per the report filed by the DJB, Govt. of NCT of Delhi has undertaken extensive initiatives for the rejuvenation of water bodies and development of artificial recharge structures in Delhi. It is further stated that the Hon'ble High Court of Delhi in WP(C) 7594/2018 vide order dated 08.04.2024 directed the Revenue Department to prepare estimates for restoration of water bodies after ground truthing.
Furthermore, DJB has stated that issue of rejuvenation of water bodies was also raised in the 6th meeting of Wetland Authority of Delhi held on 09.08.2024 under the Chairmanship of the Chief Secretary, wherein it was recorded that:
i. Out of 1367 water bodies, 674 were found existing on ground.
ii. The Irrigation and Flood Control Department (I&FCD) was directed to undertake rejuvenation of these water bodies on war footing.
iii. District Magistrates were made responsible to ensure compliance with Hon'ble High Court Order.
DJB has also informed that it has successfully rejuvenated 37 water bodies belonging to agencies such as DDA, District Magistrates (BDO), MCD and ASI. Innovative and sustainable technologies have been used including NEERI-
patented Phytorid Technology, floating rafters with aerators/diffusers and landscaping/horticulture. 7
7. DJB was also directed by CGWA to communicate the current status of Registration Certificates issued by CGWA prior to 12.07.2010. In response, DJB has stated that "Consistent with the LG's 2010 Directions and subsequent NGT stance that extraction without valid permission is unlawful, all pre-2010 registrants/users must obtain NOC from the Competent Authority (DJB/NDMC) to continue any extraction. They have been advised accordingly through public notices/individual communications".
8. That the Central Ground Water Authority, being a central agency has been regularly issuing orders/ directions and conducting meetings with State Ground Water Authority(s) for proper regulation and control of ground water management and development in the country. Recently, CGWA issued letters dated 20.08.2025 (Copy enclosed as Annexure-IV) to the SGWA(s) to nominate Nodal Officer for coordination with CGWA for monitoring of various activities under groundwater regulation in the respective State/UT."
8. Status Report dated 12.09.2025 has also been filed by Delhi Pollution Control Committee (DPCC).
9. Vide order dated 28.05.2025, the Commissioner of Police, Delhi was directed to file action taken Report at least one week before the next date of hearing fixed. However, action taken report has not been filed within specified time. Mr. Rajesh Sharma, Inspector, SHO, P S Fatehpur Beri has appeared before this Tribunal physically and in the course of hearing, Mr. Sanjay Kumar Jain, IPS, Joint Commissioner of Police, Southern Range has joined the proceedings through VC. Mr. Rajesh Sharma, Inspector, SHO, P S Fatehpur Beri has brought the action taken report which is to be filed before this Tribunal and the action taken report already prepared may be filed in the Registry within one week.
10. We have interacted with both the above-mentioned Police officers and in the course of interaction, they have informed this Tribunal that order dated 28.05.2025 was conveyed to them in the course of departmental communication in the last week of August 2025 and they are taking requisite measures to comply with the same. On being questioned 8 about seizure of unauthorised water tankers after receipt of copy of the orders and action taken against them, the above-mentioned Police officers have informed that proceedings under the Delhi Police Act, 1978 were taken against the violators and admitted that FIRs were not registered. This Tribunal reiterates urgent requirement of registration of FIR against the violators for theft of water under the provisions of the Indian Penal Code, 1860 or the Bharatiya Nyaya Sanhita, 2023 as per the date of commission of offence for deterrent effect to secure compliance with environmental laws/norms and directions given by Hon'ble Supreme Court and this Tribunal. We do not see any valid justification for deviation from this course of law which is to be mandatorily followed by Delhi Police. We also consider it necessary to add that any deviation from this course of law will justify the inference of the concerned Police officer having acted in violation of law for which such officer shall be liable to be prosecuted not only under the provisions of the Indian Penal Code, 1860/ the Bharatiya Nyaya Sanhita, 2023 for violation of relevant statutory provisions but also under the provisions of the National Green Tribunal Act, 2010 for non- compliance with the orders passed by this Tribunal. The Commissioner of Police, Delhi is again directed to ensure compliance of this order.
11. Additional action taken Report may be filed within one month by the Commissioner of Police, Delhi through officer duly authorised in this regard with all relevant details regarding action taken in compliance of order passed by this Tribunal.
12. Respondent no. 5-Rinku, Mr. Wairokpam Punshiba Singh, SDM, Mehrauli and Mr. Ankit Kumar, DCF (South), Delhi are present for their examination as witnesses but SDM, Mehrauli and DCF (South), Delhi have not produced the relevant record and the examination of the above said 9 persons is deferred and SDM, Mehrauli and DCF (South), Delhi are directed to produce the relevant record on the next date of hearing.
13. On 28.05.2025, the applicant had claimed that illegal borewells are still operating and had undertaken to submit video before this Tribunal. However, the applicant has not produced any Pen drive before this Tribunal.
14. The applicant may submit appropriate presentation with Pen Drive prepared by him to the District Magistrate, (South), Delhi and on filing of any such representation with Pen Drive, the District Magistrate, (South), Delhi may take appropriate action against violators in accordance with law and submit his action taken report before this Tribunal on the next date of hearing.
15. List on 29.10.2025 for further hearing.
16. A copy of this order may be sent to the Commissioner of Police, Delhi, the District Magistrate (South), Delhi, SDM, Mehrauli and DCF (South), Delhi by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 16, 2025 Original Application No. 639/2022 (I.A. No. 180/2025) With M.A. in Disposed of Cases No. 24/2023 In O.A. No. 33/2022 R 10