Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

National Green Tribunal

Haider Ali vs Union Of India on 19 March, 2025

Item Nos. 13 to 15                                                      Court No. 1

               BEFORE THE NATIONAL GREEN TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI

                      Execution Application No.41/2023
                                      In
                       Original Application No.94/2021

                                        With

                               M.A. No. 48/2024
                                       In
                        Original Application No.94/2021


Haider Ali                                                             Applicant

                                           Versus

Union of India & Ors.                                            Respondent(s)


                                               With

                          Original Application No.348/2024


News Item titled "Bengaluru stadium to get treated water supply for IPL
matches amid crisis" appearing in India Today dated 21.03.2024


Date of hearing: 19.03.2025

CORAM:        HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
              HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
              HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

Applicant:    Mr. Ali Md. Maaz & Ms. Ayushi Agarwal, Advs. for Applicant in E.A
              41/2023 & M.A 48/2024
Respondent:   Mr. Abhinav Mukerji, Senior Advocate with Ms. Bihu Sharma, Advs. for
              BCCI (Through VC)
              Mr. Samrat Sen, Senior Advocate with Ms. Manali Ali, Mr. Paritosh Sinha,
              Mr. Amitava Mitra & Ms. Priyata Chakraborty, Advs. for R - 5 & 12
              (Through VC)
              Mr. Sanjay Upadhyay, Senior Advocate with Ms. Mansi Bachani & Mr.
              Surya Gupta, Advs. for R - 27
              Mr. Gigi. C. George, Adv. for CGWA
              Mr. Azim H. Laskar & Mr. Kishor Dutta, Advs. for R - 8
              Ms. Ritika Jhurani, Advs. for R - 9, 17 & 26 (Through VC)
              Mr. Kunal Mimani, Mr. Kartikey Bhatt, Mr. Abhinav Rana & Ms. Deepti
              Karadkar, Advs. for R - 19
              Mr. Aditya Verma, Mr. Samar Singh, Mr. K. Rigved Prasad, Adv. for R - 23
              Mr. Prashant Mishra, Adv. for R - 25 (Through VC)
              Mr. Prashant Manchanda, Adv. for Punjab Cricket Association
              Mr. Piyush Dwivedi, Adv.for Hyderabad Cricket Association
       `      Mr. Pradeep Misra & Mr. Daleep Dhyani, Adv. for UPPCB (Through VC)
              Mr. Darpan K.M & Mr. Rajat Jonathan Shaw, Advs. for the State of
              Karnataka in OA 348/20204 (Through VC)
              Mr. Balaji Srinivasan & Mr. Aditya Nath, Advs. for R - 4 in OA 348/20204


                                                                                    1
                                                                   ORDER

1. Tribunal in this original application is examining the issue of use of ground/fresh water for irrigating/maintaining the cricket play grounds without resorting to the use of STP treated water.

2. Tribunal by order dated 26.11.2024 had directed the Central Ground Water Authority (CGWA) to compile the information disclosed in the response of the respondents-Cricket Stadiums and tabulate it specifically including the status of borewells, extent of groundwater drawal, permission for the borewell, status of use of STP treated water, status of Rain Water Harvesting System (RWHS) installed in the stadiums and the Environmental Compensation (EC) imposed.

3. CGWA has filed the report dated 17.03.2025 and has disclosed the status in the tabulated form as under:

"Status of stadiums located in CGWA regulated States/UTs as per reply filed before Hon'ble NGT/Information provided to CGWA:
Sr Name of Status of Extent of GW Permission Status of use of STP Status of EC Status of . Stadium Borewell withdrawal for Borewell treated water RWIHS deposit of No (Quantum) installed in imposed EC the by the Stadium Board 1 5 Borewell 54KLD/16590 NOC STP Installed Implemente Rs. Rs. 1120230/ ACA KLY as NOC Avg. obtained (capacity 10 KLD) d 1 no. of 1120230/.

cricket 69 KLD as per (NOC NO: Recycled water not recharge pit Stadium, Telemetry data CGWA/NO being used. constructed Barsapar C/1 a Assam NF/ORIG/2 024/20129) 2 2 Saurashtr 3DW 65.20M3 per day Yes It is practically not Yes Rs.92843 Rs.928431/ a Cricket 2 BW CGWA/NO possible to have Associati C/A Sewage Treatment 1/- - on NF/ORIG/2 Plant (STP) at the Stadium, 024 /19777 Stadium.

    Rajkot                                        (30.11.2023
                                                  to                Saurashtra        Cricket
                                                  29.11.2028)       Association          has
                                                                    signed an agreement
                                                                    with Rajkot Municipal
                                                                    Corporation (RMC) to
                                                                    use treated water
                                                                    from     its     sewage
                                                                    treatment         plants
                                                                    (STPs) to maintain
                                                                    Niranjan           Shah
                                                                    Stadium. As per the
                                                                    MOU,       RMC       has
                                                                    agreed to provide the
                                                                    stadium about 1 lakh
                                                                    liter       as        per
                                                                    requirement of treated
                                                                    water per day which
                                                                    will be sufficient to
                                                                    meet about 80% need
                                                                    of the water required
                                                                    for     ground       and
                                                                    outfield
3   Saheed       06 no. of      50 kid of GW      NOC       has     STP has not been            RWH             EC            EC charges
    Veer         BWs have       withdrawal   as   not               installed yet within        structures      imposed       not received
    Narayan      been           per         the   been              the            stadium.     have      not   EC
    Singh Int.   constructed    inspection done   applied in        However, a sanction         been            charges
    Stadium,     in       the   by CGWA in the    CGWA       till   order of Rs. 121.24         constructed     of
    Raipur       stadium.       stadium.          date. There       lakhs has been given        yet within      Rs.3,66,0
                                                  have been         to       PWD          for   the             00/-
                                                  meetings          installation of STP         stadium. A      (24.09,20
                                                  with      the     and construction of         sanction        20       to
                                                  District          RWH           structures    order of Rs.    23.12.20
                                                  Collector,        within the stadium          121.24          24)
                                                  Raipur            premises.                   lakhs     has   Actual EC
                                                  regarding                                     been given      charges
                                                  the                                           to PWD for      will    be
                                                  compliance                                    installation    calculate
                                                  conditions                                    of STP and      d during
                                                  to         be                                 construction    processin
                                                  followed by                                   of      RWH     g of NOC
                                                  the stadium                                   structures
                                                  The       DC,                                 within the
                                                  Raipur has                                    stadium
                                                  directed the                                  premises.
                                                  matter      to
                                                  Director,
                                                  Sports
                                                  Authority,
                                                  Chhattisgar
                                                  h state and
                                                  PWD,
                                                  Chhattisgar
                                                  h          for
                                                  application
                                                  of NOC from
                                                  CGWA        at


                                                                                                                                        3
                                                     the earliest.
4    VCA         1Dugwell,       33 m3 per day      CGWA/NO          2 STP of 10 KLD            Yes,            NA            NA
     Stadium,    1 BW                               C/INF/ORI        capacity installed.        installed.
     Civil                                          G/2021/
     Lines,                                         13898
     Nagpur
5    MCA         As       per    NA                 NA               Not installed              Yes,            NA            NA
     Cricket     inspection                                                                     installed.
     Stadium,    report, No
     Gahunje,    abstraction
     Pune        structures
                 found
6    Sawai       1 TW            22.5 KLD as        Not applied      Not known                  Not known        Rs.          Yes Rs.
     Mansingh                    reported during    for NOC                                                     819485        819485 (till
     Stadium,                    inspection                                                                     (till         01.11.2023)
     Jaipur                                                                                                     01.11.20      deposited
                                                                                                                23)
7    Holkar      4BW active      Approved-          NOC              STP is not feasible in     RWIH has        Rs.           16,04,795/-
     Stadium     and  IBW        8100m cube per     granted          our stadium owing to       been            16,04,79      on
     (Indore,    dead            year               NOC     No.      very less quantum of       operational     5/-           14.2.2024.
     MP)                                            20396,           sewer generation. The      since    the                  In addition
                                                    dated     6      sewage is disposed         developmen                    to the above
                                                    Nov. 2024        off through the sewer      t   of   the                  EC,        a
                                                                     system     of   Indore     stadium                       penalty   of
                                                                     Municipal Corporation      and      the                  Rs.
                                                                                                RWIH       is                 1,00,000/-
                                                                                                working                       is paid on
                                                                                                well    with                  7.6.2024 for
                                                                                                proper                        late
                                                                                                maintenanc                    submission
                                                                                                e.                            for NOC

8    DR.   DY    As       per    NA                 NA               Not installed               Yes,           NA            NA
     Patil       Inspection                                                                     Installed
     Stadium,    report, No
     Mumbai      abstraction
                 structures
                 found




9    Brabourn    CCI does        CCI      sources   in view of       CCI had appointed          Yes,            Revised       Not received
     e Cricket   not     have    190KLD of water    the     CCI's    consultants          for   Installed       EC
     Stadium     any ground      through MCGM       usage       of   providing           the                    Charges
     (CCI)       water           and         H.H    ground           necessary design and                       of      Rs
                 abstraction     Roadlines     &    water being      feasibility reports for                    1880820
                 structures      Water Suppliers.   less     than    installing STP and                         /-as per
                 The                                5m3        per   RWH systems.                               the
                 borewell                           day        for                                              inspection
                 excavated                          "drinking/                                                  report
                 by       CCI                       domestic                                                    and
                 [pursuant                          purposes                                                    further
                 to       the                       CGWA hat                                                    calculatio
                 permission                         granted an                                                  n
                 granted by                         Exemption                                                   communic
                 MCGM on                            Certificate                                                 ated     to
                 03.11.2018                         under                                                       the CCI.
                 ]         for                      Clause (vi)                                                 After this
                 watering                           of the 2000                                                 CCI again
                 the plants                         Guidelines,                                                 requested
                 in       the                       exempting                                                   for copy
                 nursery                            CCI      from                                               of
                 was                                the      from                                               inspection
                 voluntarily                        requirement                                                 report
                 sealed by                          of obtaining                                                which
                 CCI in July,                       an NOC                                                      provided
                 2023 due                                                                                       to PP on
                 to      high                                                                                   24.02.20
                 salinity in                                                                                    25
                 the
                 extracted
                 water, CCI
                 is       not
                 extracting
                 any ground
                 water
                 whatsoever
10   Wankhed     As       per                       Not required     Installed                  Installed       NA            NA
     e           Inspection
     Stadium,    report, No
     Mumbai      abstraction
                 structures
                 found



                                                                                                                                        4
 11   Barabati   4 numbers     60.54 m3/day     Yes            Not Installed               Not             1283145         1283145
     Cricket    of TWs        (22097.10cum/y                                              Installed
     Stadium,                 ear)
     Cuttak,
     Odisah




Status of stadiums located in SGWA regulated States/UTs as per reply filed before Hon'ble NGT/Information provided to CGWA:

Sr Name of Status of Extent of GW Permissi Status of use of STP Status of EC Status of . Stadium Borewell withdrawal on for treated water RWIHS deposit of No (Quantum) Borewel installed in imposed EC l the by the Stadium Board 1 Dr. Y.S. Existing 2 The number of Constructed The -

Rajasekh Bore wells international matches 1 Rain pollution ara and conducted at the Water Reddy working in Answering respondent's Harvesting control ACA- Good No (Not stadium are very limited Pit and it is 50 KLD board VDCA Condition taken and at an average of 11 not Cricket any days in a year. maintaining has Stadium, permissi Sewarage/effluent properly informed Vizag on generated during match from days is also very less that there SGWA and negligible for the rest is no of the days. The same would not warrant need for installation and operation EC of an STP. In view of the same, the answering respondent, by way of latter dated 08.09.2023 requested the commissioner of the Greater Vishakhapatnam Municipal Corporation for providing the treated water connection capable of Supplying 50,000 lit per day.





2    Eden       5 TW          40KLD(8m3/       Yes        Reminder letter issued to       Reminder        Not             Not
     Garden,                  hr for daily                the      Hony    Secretary,     letter issued
                                                                                                          applicabl       applicable
     Kolkata                  5hrs)                       Cricket Association of          to        the
                                                          Benal, Dr. B.C. Roy Club        Honorary        e (as per       (as        per
                              75 KLD                      House, Eden Gardens             Secretary,
                                                                                                          WBGWR           WBGWR
                              (15m3/hr for                Stadium, Kolkata for the        The cricket
                              daily 5hrs)                 status        report     of     Association     Act, 2005       Act,      2005
                                                          installation     of    STP      of Bengal,
                                                                                                          and             and
                               90                         facilities but till date        Dr. B. C.
                              KLD(18m3/hr                 undersigned                     Roy      Club   concerne        concerned
                              for daily 5hrs              (Superintending                 House,
                                                                                                          d      rules    rules 2006)
                                                          Geologist) has yet not          Eden
                              60 KLD                      received     any     status     Gardens         2006)
                              (12m3/hr for                report. At the time of re-      Stadium,
                                                          inspection the concern          Kolkata for


                                                                                                                                       5
                             Daily 5 hrs)                    person from the CAB          the status
                                                            informed vervally that the   report      of
                            125KLD                          status of STP work is        installation
                            (25m/hrfor                      under process.               of       RWH
                            daily 5 hrs)                                                 facilities but
                                                                                         till      date
                                                                                         undersigne
                                                                                         d has not
                                                                                         received
                                                                                         any status
                                                                                         report.     At
                                                                                         the time of
                                                                                         re-
                                                                                         inspection
                                                                                         the concern
                                                                                         person from
                                                                                         the       CAB
                                                                                         informed
                                                                                         verbally
                                                                                         that       the
                                                                                         status      of
                                                                                         RWH work
                                                                                         is Under
3   Arun       Permission   To measure the       Permissi   STP installed. Treated        Yes,            No    NA
    Jailley    of Two (2)   quantum         of   on         water is being used for
    Stadium,   Tubewells    ground       water   issued     maintenance of Cricket       17     RWH
    Delhi      issued on    withdrawal by        by         Ground                       structures
               03/06/202    flow meter is        SGWA                                    have been
               4 by SG      being purchased                                              constructed
               WA.          and fixed in a                                               in       the
                            week's       time.                                           premises.
                            Once      it    is
                            installed adject
                            quantum will be
                            conveyed to the
                            authority.




4   Green      3            30 KLD               On         Proposed                     Proposed         No    No
    Park                                         Going
    Stadium,                                     since
    Kanpur                                       30.07
                                                 .2024


5   Atal       1            48 KLD               Yes        STP in place but not being   Yes              Nil   Nil
    Bhihari                                                 operated.        However,
    Bajpayee                                                project    proponent has
    Stadium,                                                Informed that 0 & M is to
    Lucknow                                                 be done by L DA and
                                                            they have requested LDA
                                                            in this regard.
6   MA         Nil          Ground     water     NA         Sewage Treated Water of      Rain Water       Nil   Nil
    Chidamb                 drawal        Nil-              60 KLD utilized for          Harvesting
    aram                    Water     supply                maintenance of Cricket
    Stadium,                Source-                         Ground & Greenbelt           Sump - 909
    Chennai                 CMWSSB       non                                             KL
                            event Days 71.3
                            KLD (9.95 KLD                                                81 KL - 3
                            Domestic                                                     Nos.
                            Swimming pool-
                            1.50        KLD,                                             12 KI - 1
                            Greenbelt-59.80                                              No.
                            KLD).      Event
                            Days-414 KLD                                                 129 KL - I
                            (321.25      KLD                                             No.
                            Domestic, Floor
                            Washing 31.15                                                210 KL- 2
                            KLD, swimming                                                Nos.
                            pool-1.5     KLD
                            Greebelt-59.80                                               105 KL - 1
                            KLD)                                                         No.

                                                                                         Open Well
                                                                                         315 KL

                                                                                         Open well 1
                                                                                         - 95 KL

                                                                                         Open well 2


                                                                                                                      6
                                                                                                  - 220 KL

7    Rajeev        2               181 KLD              Permissi    Nil                          One                 Yes   Yes
     Gandhi                                             on                                       recharge pit
     Internatio                                         issued
     nal                                                by
     Stadium,                                           SGWA
     Hyderaba
     d
8    Sports Hub    I               11,000 LPD           SGWA        STP    implemented      at   An MOU was          -     -
     Internation                                        NOC         stadium                      signed        on
     al Cricket                                         received                                 01.10.2024
     Stadium,                                                                                    with         the
     Trivandru                                                                                   Kerala Rural
     m                                                                                           Water Supply
                                                                                                 and
                                                                                                 sanitation
                                                                                                 agency
                                                                                                 (jalanidhi) for
                                                                                                 the
                                                                                                 installation of
                                                                                                 a rainwater
                                                                                                 harvesting
                                                                                                 system
                                                                                                 source
                                                                                                 development
                                                                                                 by
                                                                                                 constructing
                                                                                                 dyke,
                                                                                                 reservoir, etc
                                                                                                 and
                                                                                                 improvement
                                                                                                 of        water
                                                                                                 supply
                                                                                                 system has
                                                                                                 been
                                                                                                 submitted by
                                                                                                 the agency,
                                                                                                 and          the
                                                                                                 process        to
                                                                                                 initiate tender
                                                                                                 proceedings
                                                                                                 is underway.
9    Himachal      2               9,73,334 liters      Under       NA '                         Yes,        rain    NA    NA
     Pradesh                       per annum                                                     harvesting
     Cricket                       (Irrigation of the   applicati                                tanks having
     Associati                     ground is being      on to the                                capacity       of
     on                            done 3 days in       Govt. of                                 2,30,000 liters
     Stadium,                      a week). Each        HP                                       have       been
     Dharams                       requites                                                      installed and
     ala                           8,000 liters                                                  are            in
                                   of water                                                      operation.

10   Chaudha       During the      2000L           of   NOC to      Installed                    Respondent
     ry Banal      time       of   groundwater for      the                                      has
     Lal           acquisition     mega        sport    Haryan                                   commenced
     Cricket       of land for     events and 500L      a Water                                  the process
     Stadium       the             of groundwater       Resourc                                  for      the
                   constructio     for other days on    es                                       establishme
                   n of the        average.             Authorit                                 nt of an
                   Chaudhary                            y     on                                 STP.
                   Bansi Lal                            06.07.2
                   Cricket                              023 for
                   Stadium                              the
                   i.e.  2006,                          Chaudh
                   two                                  ary
                   borewells                            Bansi
                   were                                 Lill
                   already in                           Cricket
                   existence.                           Stadium
                                                        and the
                                                        same is
                                                        under
                                                        consider
                                                        ation by
                                                        HWRA.
11   IS            02              3000m3 per day       Yes,        The Punjab Cricket           The Punjab          -     -
     Bandra        Borewells                            NOC         Association         has      Cricket
     Cricket                                            valid       requested    the    Soil     Association
     Stadium,                                           upto        Conservation                 has already
     Mohali                                             27.06.2     Department regarding         completed 2
                                                        007         setup    &    feasibility    Nos     Bore
                                                                    check of the STP inside      wells     for
                                                                    the Stadium premises         Rain Water
                                                                    at PCA, Mohali. The          Harvesting


                                                                                                                                 7
                             technical officers from      in      PCA
                            the Soil Department of       Stadium,
                            Punjab had visited the       Mohali. As
                            site on 21.08.2023 to        per      the
                            check the feasibility of     work order
                            the           Sewerage       M/s. M S
                            Treatment Plant. The         Constructio
                            PCA is awaiting the          ns has to
                            formal plan in this          complete
                            regard     from      the     the works
                            department.                  by
                                                         08.10.2023
                            It is pertinent to inform    (copy
                            that    Punjab     Cricket   enclosed).
                            Association is in the

process of completing its new stadium at Mullanpur (Punjab) wherein the Rain water Harvesting System as well as STP Plant are already in place."

"

4. Submission of Counsel for the applicant is that if the cricket stadiums are granted NOC for drawal of ground water then same will be used for irrigating the cricket ground and will defeat the very purpose of filing the original application. He submits that in fact STP treated water should be used for irrigating the grounds to avoid the use of fresh water for that purpose.

5. Full details relating to use of STP treated water or fresh water by all the respondents have not come on record, therefore, we direct respondents/cricket stadiums to file additional reply within four weeks disclosing the monthly and yearly use of quantity of water for irrigating the ground, proportion of STP treated and fresh water used for the same.

Report will also disclose bifurcation of proportion of fresh water such as ground water, supply from the municipality/ULB or any other source etc. Along with this report, respondents/cricket stadiums will also disclose if despite the scarcity of fresh water they intend to continue to use fresh water for irrigation of the grounds and the status of RWHS installed in the stadiums.

6. So far as M.A. No.48/2024 is concerned, it was an interim application for staying the operation of IPL starting from 08.04.2024 and 8 ending on 26.05.2024. With the afflux of time, nothing survives in this MA, which is accordingly dismissed as infructuous

7. List on 17.07.2025.

Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 19, 2025 Execution Application No.41/2023, M.A. No. 48/2024 & Original Application No.348/2024 JG..

9