NGT Orders Remedial Action Against Illegal Groundwater Extraction By 536 Delhi Hotels In Paharganj Area

The principal bench of National Green Tribunal (NGT) has directed a joint committee to take remedial action against alleged illegal groundwater extraction by 536 hotels operating in Paharganj area of Delhi.

The bench of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, Dr.A.Senthil Vel (Expert Member), Dr. Afroz Ahmad (Expert Member) said, “we propose to go into the merits in view of serious allegations which if true show serious violation of norms and also judgment of the Hon’ble Supreme Court by the individuals as well as authorities.”

The Tribunal was hearing an application for execution of an order passed in 2021 in the Varun vs. Govt. of NCT of Delhi & Ors. case, in which the application was filed seeking an injunction against the illegal withdrawal of groundwater by 536 hotels operated in the Paharganj area of Delhi.

Considering the application, the Tribunal in Varun vs. Govt. of NCT of Delhi & Ors. had held that, “Since the present application on multiple causes of action is not permissible as per statutory procedural rules, we permit the applicant to move the concerned SDMs or other authorities and the Chief Secretary, Delhi, who have to enforce/oversee the compliance of norms on the subject.”

The NGT took note of the previous order and said that, procedurally, the order in the Varun case does not give rise to any grounds for seeking execution. The order merely observed that the applicant can approach the concerned authority.

The application, clubbing multiple causes of movement, is not permissible under the NGT (Practice and Procedure) Rules, 2011.However, the Tribunal can exercise suo-motu jurisdiction if there are serious violations of environment norms, relaxing such procedures, said the Tribunal.

Nonetheless, the Tribunal noted that the SDM and DPCC had issued a show cause notice in August 2021 to 536 hotels and other such establishments for violations, and a closure order was passed against 330 hotels.

In spite of this, notices were withdrawn and not acted upon in breach of rule of law and environmental norms. The matter appeared in media news dated in April, 2022 but clear violation is allowed to continue which needs to be remedied, said the Tribunal.

The Tribunal referred to the case of Arti vs Central Ground Water Authority & Ors., which addressed illegal groundwater extraction and ordered remedial measures.

In light of the above, the Tribunal has directed a joint Committee comprising of the Ministry of Environment, Forest and Climate Change (MoEF&CC), the Central Pollution Control Board (CPCB), the Delhi Pollution Control Committee (DPCC), the Central Ground Water Authority (CGWA), and the District Magistrate of New Delhi to investigate the matter and take remedial measures in coordination with the concerned authorities, following due process. The CPCB and DPCC will jointly act as the nodal agency for coordination and compliance.

The Committee is directed to meet within two weeks and give its factual and action taken report within two months.

The matter will now be taken on 14 July.

Case Title:Varun v. Govt. of NCT of Delhi & Ors.

Counsel for Applicant:Ms. Mansi Chahal & Mr. Kapil Sagar

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