'Very Unfortunate Situation': NGT Raps Authorities For Not Knowing Who Is Responsible For Regulating Ground Water Extraction In Delhi

The principal bench of National Green Tribunal (NGT) has rapped authorities including Delhi Government for not knowing who is responsible for regulating ground water extraction in Delhi.

A bench of Chairperson Prakash Shrivastava, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel said, "It is very unfortunate situation. The matter is pending since long and even after lapse of so many years, authorities are not aware of their duties and responsibilities and they are shifting the responsibility on each other without clearly disclosing as to which authority is responsible for regulating the ground water extraction in Delhi."

Consequently, the Tribunal directed the Chief Secretary, NCT Delhi to ascertain the authority's responsibility keeping in view the observation made by the NGT and to direct the concerned authority to file report with regard to the action taken/proposed to be taken against the violators.

NGT was hearing an application seeking directions to check illegal ground water extraction in Delhi.  

In order to ascertain as to which authority is responsible for checking the illegal extraction of ground water in NCT Delhi and take punitive action for such violation, the Trubunal had put a query to all the Counsel for Respondents" but none of the Counsel for the respondents could answer it," noted the bench.

Counsel for the Delhi Jal Board submitted that responsibility lies with the District Level Advisory Committee.

Counsel for the DPCC referred to the 2010 Notification published in Delhi Gazette and submitted that in emergent violation cases of illegal ground water drawl, the authorized officer is required to take action and Clause 2, thereof ,provides for the Deputy Commissioner (Revenue) of each revenue area of GNCTD to be the authorized officer for the purpose of regulation of ground water development and management in respective revenue areas.

The Tribunal noted that the stand of the Counsel for GNCTD is that she will obtain instructions and she does not know as to who is the officer responsible for regulating the extraction of ground water.

The matter is listed on September 03.

Title: Varun v. Govt. of N.C.T. of Delhi & Ors.

Click here to read/download the order