Harinder Dhingra v. International Recreation & Amusement Ltd.

1. The issue for consideration is the remedial action against illegal drawal of ground water for an Amusement Park operated by Respondent No. 1 at Gurugram (now under insolvency proceedings). The newspaper report in the Hindustan Times highlighted the problem under the heading “Gurgaon: 50 Lakhs litres of groundwater extracted daily by tanker mafia, say experts” and another article published on 06.06.2017 in the Times of India under the title “4 Crores litres groundwater drawn illegally every day in Gurugram” //timesofindia.indiatimes.com/city/gurgaon/4cr- litres-groundwater-drawn-illegallyeveryday-in-gurgaon- water-table-plummets/articleshow/59008468.cms to the effect that huge quantity of water is being extracted for commercial purposes and even canal water was being diverted for such commercial purposes without any study of the impact thereof.

2. This application was filed before the Tribunal on 21.07.2017 stating that though the area in question is water scarce area, the Haryana Urban Development Authority (HUDA) has illegally allowed use of drinking water for commercial purpose. The respondent company has also illegally installed tubewells to extract ground water for commercial purposes.

3. The matter was considered by the Tribunal on 26.10.2018. It was found that Gurugram was a ‘notified area’ under the relevant notification where extraction of ground water is restricted due to scarcity thereof. The Tribunal was further informed that HUDA had permitted use of water for commercial purpose by the said Amusement Park run by Respondent No. 1 by diverting the water from the canal meant for irrigation purpose. There was no study whether such diversion will affect e-flows. Accordingly, the Tribunal directed constitution of a Committee of representative of MoEF&CC, CPCB, CGWA and District Magistrate, Gurugram to review the policy of supplying potable water for non-drinking commercial purpose by diverting river water or by permitting extraction of groundwater. It may be added that in the meanwhile, proceedings have been taken against Respondent No. 1 under Bankruptcy and Insolvency Act, 2016 which has resulted in stoppage of activity of Respondent No. 1 See order of 24.05.19 in M.A. 147/2019.

4. The report of the Committee dated 27.02.2019 was to the effect that drinking water may not be diverted for non-drinking commercial purposes. Withdrawal of underground water may also not be allowed for the said purpose. It was further suggested that recharge of ground water, protection of water bodies and promotion of reuse of treated water for non-drinking purpose was necessary.

5. The Tribunal, vide order dated 25.03.2019, directed taking of the above steps to prevent water mismanagement. The Chief Secretary, Haryana was to oversee compliance. The Ministry of Water Resources (MoWR) and CPCB were directed to take follow up action for better management of water and submit their report within three months. The affidavit was filed by the MoWR inter-alia stating:

• Model Bill to Regulate and Control the Development and Management of Ground Water was prepared in the year 2005 and circulated to all the States.

• National Aquifer Mapping and Management (NAQUIM), Model Building Bye Laws, 2016 provide for rain water harvesting being made a requirement in all new buildings and plots of 100 sq. mtr and above.

• Mission Water Conservation has also been referred to which envisages water conservations and management, water harvesting, soil and moisture conservation, Command Area Development and Watershed Management.

• Inter-Ministerial Committee has been constituted on Water Conservation under the Chairmanship of Secretary (WR, RD&GR).

• A training program has been initiated and 8214 Watershed Development Projects have been undertaken.

• Various schemes including Jalyukt Shivar have been adopted.

6. The Chief Secretary, Haryana vide e-mail dated 06.07.2019 stated that ultra-tertiary treatment plants should be installed by the Amusement Park for treatment of sewage water and thereafter such water can be used for the Amusement Park. Haryana Shahari Vikas Pradhikaran (HSVP) will supply treated sewage water for lawns, plants and other uses. Recharge zones will be developed for aquifers in Aravalli Ridge, apart from existing Rain Water Harvesting systems. The water supply of potable water will be for drinking purposes and recycled water will be supplied for non-drinking purposes such as gardening, flushing etc. as long term measures. It is further stated that the State has taken steps to develop ponds and to strengthen water supply and wastewater treatment infrastructure. It is taking steps for maintaining e-flows, identifying wetlands, requiring colonisers to install dual pipe plumbing system, on-site waste treatment, maintenance of record of water usage by bulk users, undertaking reuse of treated water in green belts and open spaces and also organizing awareness programs.

7. The Tribunal vide order dated 08.07.2019 framed following issues for consideration and gave liberty to the parties to file further affidavits/documents on the subject:

i) Whether in the light of expert studies on the subject, policy of free water supply is congenial for the environment and is against sustainable solution to promote efficient and equitable use of precious natural resource or helps upper income groups?

ii) Whether existing policies for groundwater extraction need revisit in the light of studies on the subject?

iii) What further directions are required on reuse of treated water in view of studies on the subject?

iv) What further directions are required on Water Harvesting in view of studies on the subject?

8. The State of Haryana has filed further report dated 15.07.2019 giving status of action taken as follows:

i. Sewage treated water may be provided from the existing line in Sector-29 to the International Recreation & Amusement Ltd. Sector-29, Gurugram and the canal water supply connection from HUDA/HSVP line may be disconnected.

ii. More efforts may be made to recharge all storm water of HUDA/HSVP sectors and other colonies through rain water harvesting structures. The foothills area of Aravali Ridge is acting as recharge zone for acquires underlying in Gurugram District.

iii. Diversion of drinking water supply for commercial purposes should be discouraged. The water park operators may explore possibility to use treated waste water after having all water quality parameters within the prescribed standards limit.

iv. The treated water is to be used for plants, lawns, etc. while ultra-tertiary treated plants may need further treatment for use of the Amusement Parks. Recharge zone for aquifers will be developed in the foothill areas of Aravalli Ridge under the planning by the GMDA and the Municipal Corporation Gurgaon. Two pondages areas will be developed to control the runoff and enable water recharge. Licensed colonies and bulk users will be given rebate of 50% for provision of sewerage infrastructure subject to operating STPs and installation of online monitoring systems while notifying the tariff for sewage.

v. On the subject of discouraging use of drinking water for non-drinking purpose, following proposal has been adopted:

“In order to encourage the operation of local STP and usage of treated water, GMDA while notifying the tariff for sewerage, has mentioned that licensed colonies and other bulk users would be provided a rebate of 50% of applicable charges for provision of sewerage infrastructure subject to the following conditions, namely:— that the user establishes and operates continuously (for at least 80% of the total time in a month comprising the billing cycle), Sewage Treatment Plants (STPs) of appropriate capacity, size and that the use installs online monitoring system as specified by GMDA.”

9. The above report dated 15.07.2019 of the State of Haryana further proposes:

• Time bound action plan for revival of local fresh water resources.

• Strengthening of water supply and waste water treatment infrastructure.

• Setting up of independent monitoring mechanism to monitor the implementation of conservation strategies including complete and effective restriction on withdrawal of ground water for commercial purposes with periodic review of its functioning at Deputy Commissioner level.

• Enactment of Ground Water Management Bill as per Model Bill circulated by Govt. of India and constitution of State Ground Water Authority (SGWA) in Haryana State.

• Maintenance of E-flow: A minimum flow should be kept in river to meet ecological needs ensuring that the flow and high flow releases are proportional to the natural flow regime, including base flow contribution in the low flow season through regulated ground water use.

• All village ponds shall be protected and shall be converted into percolation ponds so that the water can be recharged to ground water.

• Saline water resources of water logged areas surrounding Badshahpur drain meeting Najafgarh drain may be taken up for controlled ground water development.

10. Short term strategies mentioned in the report are:

• Water recycling and rainwater harvesting should be measured and recorded to monitor the water balance and use of modern technology like dual pipe plumbing for supplying fresh water for drinking, cooking and bathing etc. and other for supply of recycled water for flushing, landscape irrigation, car washing, thermal cooling and conditioning, etc.

• 100% onsite treatment of waste water and promotion of its maximum reuse for non-drinking purposes.

• Maintenance of record about the quantity of fresh water usage.

• Mass awareness programmes among the targeted population and stakeholders should be organized for protection and preservation of exhausting ground water resources.

• Re-cycle and reuse of the treated waste water from STP for non-drinking purpose to distress abstraction of ground water in Gurugram Distt. Study may be carried out to use treated STP water for water intensive commercial activities.

• Recycled pipe line network.

11. Supplementary report has been filed by the State of Haryana on 22.08.2019 dealing with the points formulated by this Tribunal in the order dated 08.07.2019. On the subject whether free water supply is congenial for the environment, it is stated that such a policy will be against the tenants of water conservation and will result in misuse of precious natural resources. State of Haryana is not permitting any free water supply and user charges are levied by Public Health Engineering Department, Urban Local Bodies and HSVP. In dark zones, the source of water supply is being converted from tubewell to canal based supply. Policy is being finalized on reuse of treated water which provides for use of treated waste water for non-potable purposes. Industrial units within 5 km radius of STP or city limit shall use tertiary waste water. Thermal Power Plants within 50 km radius will use tertiary waste water. State Government has notified Water Harvesting Policy. System of periodic compliance requirements needs to be put in place. Haryana Pond and Waste Water Management Authority has been constituted to execute projects for development, protection, rejuvenation, conservation, construction and management of ponds, utilization of pond water and treatment thereof and for management and utilization of treated effluent of Sewage Treatment Plants for the purpose of irrigation, thereby reducing stress over exploitation of ground water and for matters connected with or incidental thereto.

12. CGWA has filed its action taken report dated 01.08.2019 to the effect that no ground water was being used for the Amusement Parks and water supply connection from HSVP is the source for the parks. Such water is to be used for drinking purposes.

13. This Tribunal has dealt with the issue of rain water harvesting, restoration of water bodies, reuse of treated water, regulation of ground water extraction, use of potable water for non-drinking purposes inter alia in Mahesh Chandra Saxena v. South Delhi Municipal Corporation O.A. No. 148/2016 (reuse of treated water), Lt. Col. Sarvadaman Singh Oberoi v. Union of India O.A. No. 325/2015 (restoration of water bodies) and Vikrant Kumar Tongad v. Union of India O.A. No. 59/2012 (regulation of ground water extraction)

14. Since the issues framed for consideration in the last order are already being considered in the above matters, it is not necessary to keep this matter pending. The State of Haryana has already taken necessary steps for closing illegal extraction of groundwater by the unit in question and also taken other remedial measures except recovery of Environment Compensation for illegal drawal of groundwater. Such compensation may now be recovered by the Haryana State PCB as per the scale laid down by the CPCB in report dated 26.06.2019 referred to in the order of date in O.A. No. 59/2012 to be used for restoration of the environment.

The application is disposed of accordingly.