National Green Tribunal
Ganesh Prasad vs Govt. Of Nct Of Delhi & Ors on 4 December, 2023
Item No.4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
M.A No. 24/2023
In
Original Application No. 33/2022
Ganesh Prasad Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondents
Date of hearing: 04.12.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the applicant
Respondents: Ms. Richa Kapoor and Ms. Esha Sharma, Advocates for
DJB.
Mr. Nishchaya Nigam, Advocate for DPCC.
Mr. A. Anbarasu, CEO, Mr. Dalbir Singh, Addl. Chief
Engineer (M)-8 and Mr. S. L. Meena, Member, Water
Supply, DJB.
Application is registered based on a complaint received by Post.
ORDER
1. O.A. No. 33 of 2022 was filed with the grievance that R.O. plant was being run un-authorizedly at Plot no. K-9, 25 Feet Road, Part II, Chankya Palace, New Delhi by Mr. Ashish.
2. The above said O.A. was disposed of by this Tribunal vide order dated 31.01.2022 whereby the Joint Committee constituted was directed M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 2 to look into the grievance and submit Factual and Action Taken Report within three months.
3. Report dated 14.12.2022 was filed by the DPCCC and in view of non-compliance the matter was listed on judicial side.
4. Vide order dated 21.07.2023, the DM, (South West), Delhi and DPCC were directed to file Action Taken Reports but no Reports were filed on which notices were ordered to be issued to the MS, DPCC, CEO, DJB, DM (South West), Delhi and SDM (Dwarka) (besides the Project Proponents) who were asked to appear before this Tribunal physically or through VC on 09.11.2023. The CEO, DJB did not appear before this Tribunal on that date physically or through VC and in the facts and circumstances of the case, considering the nature of illegalities involved, significance of the remedial measures and necessity of taking prompt action, this Tribunal considered examination of CEO, DJB with respect to the complaints filed regarding illegal borewells, action taken regarding the same, monitoring mechanism evolved and action taken against defaulting officers/officials to be essential. Accordingly, summons were ordered to be issued against CEO, DJB to appear before this Tribunal on 04.12.2023.
5. In compliance thereof Mr. A. Anbarasu, CEO, DJB has appeared before this Tribunal alongwith other DJB officers and has also filed reply affidavit vide email dated 02.12.2023 and we have interacted with them.
6. In the reply detailed submissions have been made regarding action taken by DJB on receipt of a copy of order dated 31.01.2022. It has been inter alia mentioned that the concerned JE (Civil) visited the premises in question on 26.02.2022 and it was discovered that the illegal bore-well M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 3 and unauthorised RO Plant was installed at K-7, Chanakaya Palace, Part II, New Delhi and was owned by Mr. Ajit Singh. The concerned EE (M-
30) upon receipt of site inspection report from JE(Civil), promptly reported about the illegal extraction of water through unauthorized ground water bore-well existing at K-7, Chanakaya Place, Part II, New Delhi-59, to the Sub-Divisional Magistrate (Dwarka) vide letter dated 28.02.2022 and requested the concerned SDM to take necessary action as per the provision illegal extraction of ground water.
7. It has been further submitted that in terms of the order dated 31.01.2022 passed in the O.A. No. 33 of 2022, DPCC was appointed as the nodal agency for coordination and compliance of the Joint Committee formed to look into the grievance of the Applicant namely Ganesh Prasad. Accordingly, the DPCC organized the inspection on 29.07.2022 of the site K-9, 25 feet Road, Part II, Chanakaya Palace, New Delhi. The officials of Delhi Jal Board (DJB), CGWA & DPCC attended the inspection at site on 29.07.2022. However, the bore-well in question could not be sealed on the date of inspection as no officer from the office of the concerned District. Magistrate (South-West), Delhi was present during joint inspection. Thereafter, the concerned EE(M), DJB had issued reminder letter dated 09.09.2022 to SDM (Dwarka) alongwith the copy of order dated 31.01.2022 of this Tribunal requesting immediate action and sealing of the bore-well in question. On 21.07.2023 fresh MA No. 24 of 2023 in OA No. 33 of 2022 was taken up for hearing by this Tribunal wherein the grievance was made regarding running of unauthorized RO Plant at K-9, 25 feet Road, Part II, Chanakaya Palace, New Delhi. It has been further submitted in the reply affidavit that in compliance of order dated 21.07.2023 DJB has been taking active steps to launch awareness programmes through various RWAs and Commercial and Industrial M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 4 Associations to create awareness among the residents to encourage rain water harvesting and warning the citizens not to engage in illegal activities such as erection, installation & use of borewell for residential, commercial and industrial use. Further, there is also helpline no. 1916 activated by DJB for reporting any illegal activities in respect of water and water connection including use of illegal borewells. DJB has vigilantly acted upon the three other complaints received in respect of illegal borewells installed in Chanakaya Place and its adjoining areas and has duly intimated the concerned office of SDM (Dwarka) through letters and telephonically, to initiate sealing actions as per the SOP. Further, reminders have also been sent to the concerned SDM (Dwarka) & DM through letters dated 29.11.2023. In the reply it has also been mentioned that about 19661 illegal bore-wells were identified as on 31.08.2021 and thereafter DJB has continued to identify illegal bore-wells and prevent ground water extraction. Since the order dated 21.07.2023, was not in the knowledge of DJB, its counsel or representative could not attend on 02.11.2023.
8. In the reply CEO, DJB has also mentioned that order dated 04.11.2023 was brought to his notice for the first time on 09.11.2023 and due to prescheduled engagements mentioned in the reply, he was unable to attend the hearing before this Tribunal and could not file exemption application.
9. It may be observed here that in OA no. 685/2019, this Tribunal took suo-moto cognizance on a letter petition complaining that certain persons are running water plants by illegally extracting the same in different places namely Kashmiri Gate, Tilak Bazar, Sadar Bazar, Azad market, Chandni chowk etc. This Tribunal constituted a Joint Committee comprising DJB and NDMC which submitted action taken report that out of 12 addresses M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 5 given in the said report, 9 were found extracting ground water illegally, one premises was found locked, and in 3 premises no bore well was found. Another report dated 03.04.2020 was submitted by DJB about 11 locations out of which at 4 places no bore-well was found and in 7 locations, bore-wells were either sealed or running illegally. Both the reports were considered by this Tribunal on 15.05.2020 and noticing that bore-wells were illegally existing and operating and no remedial action was taken by Statutory Regulators, this Tribunal deprecated the inaction on the part of Statutory Regulators and passed a detailed order referring to directions issued in earlier matters dealing with similar violations. Operative part of the order in para 8 reads as under:
"8. In view of the above, we reiterate our directions for devising suitable effective mechanism for preventing extraction of ground water by way of unauthorized tube -ells and wherever such illegalities found, prompt coercive measures must be taken. Illegal extraction of ground water is a criminal offence under the EP Act. Compensation must be recovered on the formula already laid down. It will be appropriate that Chief Secretary, Delhi calls a meeting of all concerned within one month from today and oversees preparation of an appropriate SOP for fixing responsibility on the subject. Ministry of Jal Shakti may also take necessary steps in the matter.
A copy of the order be forwarded to the Chief Secretary, Delhi, Secretary, Ministry of Jal Shakti, Govt. of India, DJB, CPCB, DPCC, Commissioners of all Municipal Corporation of Delhi, all the District Magistrates in Delhi and Justice S.P. Garg, former Judge of Delhi High Court."
10. Pursuant to above referred order status report dated 11.07.2020 was file by DPCC stating that Environment Department has prepared a draft SOP titled as "Regulation of extraction of ground water, closure, prohibition of illegal activities relating to use of borewells/tubewells" for laying out an effective mechanism for prevention of illegal extraction of ground water and the same was circulated to all the concerned authorities, DJB and District Magistrates of Delhi for their comments/suggestions; in compliance of order of Tribunal, a meeting was taken by the Chief M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 6 Secretary, Delhi on 12.06.2020 through video conferencing; the meeting was attended by Municipal authorities, DJB, DPCC and District Magistrates of Delhi; SOP has since been finalized and has been brought into effect; in SOP clear responsibilities have been assigned to various agencies as DJB/local bodies and block development officers for identification of illegal borewells depending on the nature of use; Deputy Commissioners (Revenue) of the districts have been assigned role of supervision of checking the violation and closure of illegal borewells and inter departmental advisory committee was constituted for each district to assist Deputy Commissioners. It has been observed that often drilling machines/rigs are used to dig illegal borewells, the mechanism for their regulation including registration and prior permission for movement and deployment has also been incorporated in the SOP and during meeting, it was informed that DJB has already identified 19661 illegal borewells against whom action is being taken and 7248 units were already closed by the district authorities. Report said that remaining units would be closed down on priority as they were already identified and process would be completed within a period of three months. This report was considered on 13.07.2020. This Tribunal recorded the contents of SOP and found that action was not taken as per the provisions of SOP. This Tribunal directed that further action be taken which may be overseen by the DPCC and compliance status as on 31.12.2020 be brought on record by 15.01.2021. In furtherance of order dated 13.07.2020, an action taken report dated 03.09.2021 was filed by DPCC. Relevant contents of the said report read as under:
"2. the Chief Secretary, Delhi decided that Delhi Jal Board will prepare the list of illegal borewells, Revenue Department will supervise the closure action of the illegal borewell and DPCC was assigned the task to impose EDC on the violators as per the list provided by DJB.
3. That Revenue Authorities provided the details of action taken by them, which is as follows:
M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors.7
District ATR (Borewell sealed till
31.08.2021)
No. of illegal Action taken on No. of illeg
borewells illegal borewells al
identified in till 31.08.2021 borewells to
the district be sealed
North 761 748 13
East 116 116 0
South West 6681 1410 5271
South East 297 231 66
North West 8299 5814 2485
Shahdara 552 552 0
New Delhi 75 75 0
Central 611 412 199
West 2185 1793 392
North East 0 0 0
South 84 84 0
Total 19661 11235 8426
4. DPCC on its part has taken following action to assess the Environmental Compensation to be imposed on the basis of information received from DJB and Revenue Authorities:
(i) Show cause notices for imposition of EDC issued :
18315
(ii) EDC amount proposed in above mentioned SCNs: 70,65,80,000/-
(iii) EDC amount imposed: 70,65,80,000/-
(iv) EDC amount received: Rs. 23,80,000/-
(v) EDC amount yet to be recovered: 70,42,00,000/-
Due to continuing pandemic, the process of recovery is very slow and Revenue authorities are not able to spare their manpower for taking action.
5. That many units had mentioned their inability or delay in depositing the EDC due to Covid-19 Pandemic and low economic activity during last few months since March 2020. They have also mentioned that unprecedented health crises and emergency coupled with steep downfall in the revenue earning due to lockdown which has brought down the economic activities to the lowest level. In case of remaining units, recovery certificates was issued to the concerned District Magistrate/SDMs, to recover the amount as arrears of land revenue from the remaining units which have not deposited Environmental Damages Compensation (EDC)."
11. This Tribunal observed that huge environmental compensation of more than Rs. 70 Crores was computed but a negligible amount of Rs. 23.8 lakhs was recovered. No action for prosecution was taken against violators. Further, out of 19661 illegal bore wells, identified in various M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 8 Districts of Delhi, only 11235 were sealed and 8420 remained to be sealed. No reason was given as to why all illegally running bore wells were not sealed. An additional action taken report dated 02.11.2021 was filed without much improvement as out of 19661 illegal bore wells identified by DJB, action was taken by Revenue Authorities against 11364 bore wells only till that date. This Tribunal considered the situation to be disgusting/disappointing due to snail pace level of activities on the part of statutory regulators which clearly indicated dereliction of duties. This Tribunal directed the authorities to take appropriate remedial action against all the illegally running bore wells identified by DJB and submit a complete compliance report after six months and a copy of the order was ordered to be forwarded to DJB, DPCC and NDMC by e-mail for compliance.
12. In the course of hearing, when so ascertained, we have been informed by the Registry that no such report has been filed by DJB, DPCC and NDMC in compliance of order dated 25.02.2022.
13. In the present case the procedure laid down in SoP was not followed by the concerned authorities and action was not promptly taken despite detailed orders having been passed by this Tribunal.
14. Even though in the present case summons were issued to CEO, DJB for his examination as witness but Mr. A. Anbarasu, CEO, DJB seeks time to file status report giving requisite information in detail.
15. The CEO, DJB is allowed to file status report giving requisite information in detail. The report to be filed by the CEO, DJB shall in particular give requisite details in tabular format with respect to following aspects:-
(i) District wise number of illegal borewells identified;
M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 9
(ii) District wise number of illegal borewells which have been sealed/closed;
(iii) District wise number of occupiers/proprietors of illegal borewells on whom penalty/EDC has been imposed;
(iv) District wise number of occupiers/proprietors of illegal borewells from whom penalty/EDC has been recovered;
(v) District wise number of occupiers/proprietors of illegal borewells from whom penalty/EDC is yet to be recovered;
(vi) District wise number of illegal borewells which are yet to be sealed/closed; and
(vii) District wise number of occupiers/proprietors of illegal borewells on whom penalty/EDC is yet to be imposed.
16. The DPCC is also directed to file status report in tabular format with respect to following aspects:-
(i) District wise number of cases in which show cause notices for imposition of EDC have been issued;
(ii) District wise number of cases in which orders for imposition of EDC have been issued;
(iii) District wise number of cases in which orders for imposition of EDC are yet to be issued;
(iv) District wise number of cases in which EDC has been recovered;
(v) District wise number of cases in which EDC is yet to be recovered;
(vi) District wise number of cases in which reference has been made to Deputy Commissioner (Revenue) for recovery of the EDC;
(vii) District wise number of cases in which reference is yet to be made to Deputy Commissioner (Revenue) for recovery of the EDC;
(viii) How much of EDC amount recovered from the violators has been utilised by DPCC/DJB with requisite details; and
(ix) How much of EDC amount recovered from the violators is yet to be utilised by DPCC/DJB with requisite details.
17. Status Reports be filed by the CEO, DJB and by the Member Secretary, DPCC on or before 02.01.2024 through E-filing portal (not through E-mail) in the form of searchable PDF/OCR Support PDF (not in the form of Image PDF).
18. It is clarified that in case of non-compliance with this order exemplary costs may be imposed unnecessary adjournment and delay thereby caused.
M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 10
19. List for further consideration on 04.01.2024.
20. A copy of this order be sent to the CEO, DJB and the Member Secretary, DPCC by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 04th, 2023 AG