Order of the National Green Tribunal regarding depletion of ground water, 03/01/2019

  • 03/01/2019

Order of the National Green Tribunal in the matter of Shailesh Singh Vs Hotel Holiday Regency, Moradabad & Others dated 03/01/2019 regarding depletion of ground water. The Applicants have informed the Court that MoWR has clearly acted contrary to the mandate of the judgement of the Supreme Court as well as orders of the NGT requiring regulation of ground water, particularly for the OCS areas.

Apex Court made it clear that CGWA cannot surrender its responsibility on the ground that the States which had their own regulation need not be regulated by CGWA.

Salient Features of the Order are the following:

  • The MoEF&CC is directed to constitute an Expert Committee to examine the issue of appropriate policy for conservation of ground water to enhance access to ground water for drinking purposes in OCS areas. The MoEF & CC and MoWR may finalize the issue of subject remain inter-se with regard to ground water reserve and its quality.
  • The Committee would indicate the projection of its impact study in light of projected data for the next 50 years. Thereafter, fresh guidelines be issued by the concerned Ministry and the report furnished to NGT on or before 30.04.2019.
  • The Notification dated 12.12.2018, issued by the Ministry of Water Resources, River Development and Ganga Rejuvenation under Section 3(3) of the Environment (Protection) Act, 1986 was stayed by NGT in view of serious shortcomings.