Arsenic, Fluoride In Groundwater| NGT Issues Notice To 28 States,UTs, Raps CGWA For “Shirking Responsibility”

Observing that presence of toxic elements like arsenic and fluoride in groundwater, causing serious toxic effects to human body are admitted by Central Ground Water Authority (CGWA) but no effective steps have been taken, the National Green Tribunal (NGT) has issued notice to 28 States, UTs, CGWA and Ministry of Environment, Forest and Climate Change.

The principal bench of NGT comprising Justice Sudhir Agarwal and Dr. A. Senthil Vel came down heavily on CGWA for its inaction and “shirking responsibility”.

While perusing the report filed by CGWA, a body responsible under law for regulating groundwater, the bench noted that it has been admitted by it that the toxic chemicals are causing serious impact on humans, despite that no steps have been taken by them.

Report stated that water is the subject of the State and therefore, CGWA on its own is not capable of taking any serious action in matters but this contention has been rejected long back by the Supreme Court in MC Mehta vs. UOI,[ (1997) 11 SCC 312] and order of NGT in Shailesh Singh vs. Hotel Holiday Regency, NGT noted.

The Tribunal said, “we are surprised that after such a long time, even today, CGWA has the audacity of shirking away from its own statutory responsibility and obligations and taking such flimsy grounds which have already been rejected by the Apex Court itself.”

These observations were made while hearing the suo moto proceeding based on the newspaper report stating that “Arsenic found in groundwater in 25 States, fluoride in 27 States: Govt.”.

Considering the gravity of the issue the bench had sought a report from CGWA, wherein presence of arsenic in various Districts and 25 States and fluoride in various Districts and 27 States have been admitted.

It is also admitted that both the chemicals and metals have very serious toxic effects on the human body and cause health hazards, noted the Tribunal.

Adding that the issue raised in the present matter with regard to presence of arsenic and fluoride in groundwater in such a large number of States and Districts is very serious, the bench said “it requires urgent preventive and protective steps by all concerned authorities.”

In the light of the above the Court issued notice to the above respondents and sought response within “one month”.

The matter is now deferred to February 15.

Case Title: In re: News item appearing in Hindustan dated 30.11.2023 titled “Arsenic found in groundwater in 25 States, fluoride in 27 States: Govt.”

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