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Rakesh Kumar v. Govt. (Nct Of Delhi)
Structured Summary of the Tribunal Opinion
Factual and Procedural Background
A report was sought from the Delhi Jal Board (DJB) and the North Delhi Municipal Corporation regarding allegations that water filling plants were operating without licenses and supplying contaminated water at multiple specified addresses in Delhi. The matter was considered on 15.05.2020 in light of reports filed by the DJB dated 06.12.2019 and 03.04.2020. The Tribunal observed widespread existence of unauthorised borewells, deficiencies in the reports (including lack of remedial action, lack of water-quality analysis and an apparent failure of senior officers to take responsibility), and noted the broader significance of protecting groundwater given falling levels in Delhi.
The opinion refers to earlier related proceedings before the Tribunal (O.A. No. 176/2015; O.A. No. 970/2019; O.A. No. 496/2016) and to a Supreme Court judgment. The Tribunal reiterated directions for formulation and implementation of an effective mechanism to prevent illegal extraction and ordered that relevant authorities meet and prepare a Standard Operating Procedure (SOP). A subsequent report filed by the DPCC on 11.07.2020 stated that the Government of Delhi's Environment Department had prepared an SOP titled "Regulation of extraction of ground water, closure, prohibition of illegal activities relating to use of borewells/tubewells" and provided detailed measures and timelines. The Tribunal directed further steps to be taken, oversight by DPCC, and ordered compliance reporting by specified dates, listing the matter for further consideration.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| M.C. Mehta v. Union of India, (1997) 11 SCC 312 | The Supreme Court directed constitution of a Central Regulatory Body in light of recommendations of an Expert Committee under Section 5 of the Environment (Protection) Act, 1986, leading to constitution of the Central Ground Water Authority (CGWA). | The Tribunal referred to this judgment to explain the statutory and institutional background for central regulation of groundwater and to note that, despite constitution of CGWA, effective functioning remained unsatisfactory in protecting groundwater levels. |
| O.A. No. 176/2015 — Shailesh Singh v. Hotel Holiday Regency, Moradabad | Tribunal's prior consideration of issues relating to illegal groundwater extraction and the role/efficacy of regulatory authorities; reference to CPCB methodology for environmental compensation. | The Tribunal relied on its prior examination in this matter to highlight systemic failures in regulation, continuing illegal drawal of groundwater by hotels/industries/builders and inadequacy of authorities' action. |
| O.A. No. 970/2019 — Nand Kumar v. Govt. of NCT of Delhi | Illustrative finding of inadequate enforcement: example of sealing only 4 out of 141 identified illegal borewells in Mayapuri. | The Tribunal used this example to demonstrate the widespread nature of non-compliance and inadequate remedial action by DJB and other authorities. |
| O.A. No. 496/2016 — Tribunal on its own motion v. Govt. of NCT of Delhi | Comprehensive Tribunal-directed monitoring of water management in Delhi, including findings by an independent Monitoring Committee (Justice S.P. Garg) about the number of illegal borewells, groundwater depth decline, misuse of free water subsidy, and recommendations including sealing and recovery of compensation. | The Tribunal relied on the Monitoring Committee's findings (e.g., 14,231 illegal borewells; 15% of groundwater below 40 meters) and its earlier direction (03.02.2020) that DJB recover compensation as per CPCB formula to justify reiteration of strong remedial directions and the requirement for an SOP and enforcement measures. |
Court's Reasoning and Analysis
The Tribunal's analysis proceeded in the following steps, as reflected in the opinion:
- Assessment of reports: The Tribunal examined DJB reports (06.12.2019 and 03.04.2020) and found that, while unauthorised borewells existed at many locations, the reports did not demonstrate remedial action such as closing borewells or recovery of compensation for illegal drawal of groundwater. The reports also lacked evidence of water-quality analysis to address possible supply of contaminated water. The Tribunal considered the reports to lack the necessary seriousness and noted an apparent shirking of responsibility by senior officers.
- Contextualization with prior findings: The Tribunal recounted prior proceedings and authoritative findings (including the Supreme Court's direction in M.C. Mehta and the Monitoring Committee's reports in O.A. No. 496/2016) to establish that illegal extraction and ineffective regulation were longstanding systemic problems in Delhi. These precedents and reports were used to underscore that ad hoc or limited action was insufficient.
- Need for enforcement and specific measures: Based on the deficiency of enforcement and the gravity of groundwater depletion and contamination, the Tribunal reiterated directions that a suitable and effective mechanism be devised to prevent unauthorised extraction, that prompt coercive measures be taken where illegalities are found, and that compensation be recovered per the CPCB formula. The Tribunal explicitly noted that illegal extraction of groundwater is a criminal offence under the Environment (Protection) Act.
- Administrative direction: The Tribunal directed the Chief Secretary, Delhi to convene a meeting of all concerned within one month to oversee preparation of an SOP fixing responsibility. It also suggested involvement of the Ministry of Jal Shakti and forwarded the order to a comprehensive list of authorities and officials for action and information.
- Consideration of the DPCC report and SOP: The Tribunal reviewed the DPCC report filed on 11.07.2020 stating that the Environment Department had prepared an SOP. The SOP assigns clear responsibilities to DJB/local bodies/BDOs/Deputy Commissioners, establishes district-level Advisory Committees, prescribes registration and movement controls for drilling rigs, provides for levying environmental compensation as per the CPCB methodology dated 26.06.2019, and prescribes operational steps for closure of illegal borewells including formation of joint teams and disconnection of electricity.
- Monitoring and timelines: The SOP stated DJB had identified 19,661 illegal borewells, with 7,248 already closed and remaining units to be closed within three months. The Tribunal directed that further steps be taken under DPCC oversight and required a compliance status as on 31.12.2020 to be brought on record by 15.01.2021, with further listing for consideration on specified dates.
Holding and Implications
Primary Holding: The Tribunal directed implementation of concrete measures to prevent illegal extraction of groundwater, endorsed the SOP prepared by the Government of Delhi's Environment Department, ordered oversight and follow-up by the DPCC, and required that compliance status as on 31.12.2020 be filed by 15.01.2021. The Tribunal also ordered that a copy of the order be sent to the DPCC and listed the matter for further consideration.
Direct Consequences for the Parties and Authorities
- Authorities (Chief Secretary, DJB, district Deputy Commissioners, DPCC, ULBs, DISCOMs, Delhi Police, Transport Department and others named) are required to implement the SOP measures, including identification and closure of illegal borewells, registration and regulation of drilling rigs, disconnection of electricity to illegal tubewells, and formation of joint action teams for enforcement.
- Environmental Compensation (EC) must be assessed by the DPCC as per the CPCB methodology (26.06.2019), demands raised, and non-recovery to be treated as arrears of land revenue recoverable by the SDM. Prosecution under directions dated 18.05.2010 under Section 5 of the Environment (Protection) Act, 1986 is to be launched by Deputy Commissioners on recommendations of Advisory Committees.
- The DJB's identification (19,661 illegal borewells) and partial closure (7,248 units) form the basis for immediate priority closures and monitoring with a three-month closure objective for remaining identified units, with weekly district-wise progress reports to the Divisional Commissioner.
- Administrative coordination and monitoring obligations have been explicitly placed on specified officers and bodies; the Tribunal required reporting back on compliance by fixed dates and scheduled further hearings.
Wider Legal or Precedential Impact
The opinion does not purport to create a novel legal principle; rather, it reiterates previously directed enforcement measures, references existing legal directions (including a Supreme Court judgment and earlier Tribunal orders), and enforces administrative and compliance mechanisms in the particular context of groundwater protection in Delhi. The decision's practical effect is to operationalize an SOP and to mandate enforcement and monitoring steps by the listed authorities.
This summary is based exclusively on the contents of the provided Tribunal opinion and does not add or infer information beyond the text.
1. A report was sought from the Delhi Jal Board and the North Delhi Municipal Corporation with reference to the allegation that water filling plants were being operated without license and supplying contaminated water to the residents at 1091, Gali Goshiyan, Kashmere Gate, 1/8, Third floor, near Axis Bank, Kashmere Gate, 1402-1403, Tilak Bazar, Tilak Chowk, Novelty, 4616, Dipti Ganj, Sadar Bazar, 9058, Ram Bagh Road, Azad Market, Delhi, 2144, Gali Chudi walan, Paan Mandi, Sadar Bazar, 4460, Pahadi Dheeraj, Madras Cloth House, Delhi, 602, Katra Neel, Gali Ghateshwar, Chandini Chowk, Delhi, 3936, Imli Wali Basi, Gali Barna, Sadar Bazar, Delhi, 4686, Umraojaan Gali, Pahadi Dheeraj, Sadar Bazar, Delhi and Ritij Hall, Kashmere Gate, Delhi.
2. Thereafter the matter was considered on 15.05.2020 in the light of reports dated 06.12.2019 and 03.04.2020 filed by the DJB. It was observed:—
“4. It is clear from the above that unauthorised borewells exist at many locations while at some locations the borewells are said to have been sealed. The report furnished does not show the remedial action by way of closing of the borewells and recovery of compensation for the illegal drawal of ground water, adversely affecting the environment as per earlier directions of this Tribunal, which may be referred to in the later part of the order. There is also nothing to show the analysis of quality of water with a view to take remedial action against the supply of contaminated water, if any. The reports do not show the seriousness required in dealing with the situation. The senior officers seem to have avoided their responsibility and left the matter to lower level officers.
5. Needless to say that protection of ground water is of great significance, particularly in view of falling of ground water levels in Delhi. In O.A. No. 176 of 2015, Shailesh Singh v. Hotel Holiday Regency, Moradabad, the matter has been dealt with by this Tribunal in the last about 5 years which was last reviewed on 11.9.2019. Reference was made to the judgment of the Hon'ble Supreme Court in M.C. Mehta v. Union of India (1997) 11 SCC 312 whereby the Hon'ble Supreme Court directed constitution of Central Regulatory Body in the light of the recommendation of an Expert Committee, under Section 5 of the Environment (Protection) Act, 1986 (EP Act). The Central Ground Water Authority (CGWA) has been constituted. The Tribunal found that effective functioning was far from satisfactory in achieving the object of protecting the ground water levels. With the result, illegal drawal of ground water by the hotels, industries and builders for commercial purposes in over exploited, critical and semi critical (OCS) areas was continuing at large scale. The Tribunal elaborately considered the problem and need for constant action by the regulatory authorities. After noticing the available data, the Tribunal noted the failure of the authorities in performing their duties on the subject on account of which situation continues to deteriorate. The Tribunal also considered and noted the report of the CPCB dated 26.06.2019 dealing with the methodology for assessment of environmental compensation for illegal extraction of ground water..
6. In the context of Delhi, there are repeated allegations of tankers Mafias engaged in extraction of ground water without any remedial action by the authorities. In a recent order dated 06.05.2020 in O.A. No. 970/2019, Nand Kumar v. Govt. of NCT of Delhi, the Tribunal noted that out of 141 identified illegal borewells in Mayapuri area, DJB sealed only 4 and 137 illegal borewells were still continuing. This is merely one instance while the problem appears to be widespread.
7. In O.A. No. 496/2016, Tribunal on its own motion v. Govt. of NCT of Delhi, the Tribunal is considering the issues relating to water management in Delhi, including the control of illegal extraction of ground water. The matter was initially taken up in the light of the news item dated 19.06.2015 in the Hindustan Times highlighting the problem of contamination of ground water in Delhi. The same is being dealt with for the last five years. Since steps taken by the authorities were not found to be satisfactory, vide order dated 30.08.2018, this Tribunal constituted an independent Monitoring Committee, headed by Justice S.P. Garg, former Judge of Delhi High Court. The Committee has undertaken extensive work. The Committee has found that 14231 borewells were illegally operating in Delhi. 15% of the ground water had reached below 40 meters. Depleting of ground water was also affecting the flow the river Yamuna. The Committee in its later report found that Subsidy in the form of free water was being misused and to avoid payment of water charges for more than 20,000 litres free water, ground water was being freely extracted without any remedial action by the authorities. The Committee made its recommendations, including sealing of illegal borewells. The Tribunal, vide order dated 03.02.2020 in the said matter, directed the DJB to recover compensation from the persons illegally extracting ground water as per formula suggested by the CPCB.
8. In view of the above, we reiterate our directions for devising suitable effective mechanism for preventing extraction of ground water by way of unauthorized tubewells and wherever such illegalities found, prompt coercive measures must be taken. Illegal extraction of ground water is a criminal offence under the EP Act. Compensation must be recovered on the formula already laid down. It will be appropriate that Chief Secretary, Delhi calls a meeting of all concerned within one month from today and oversees preparation of an appropriate SOP for fixing responsibility on the subject. Ministry of Jal Shakti may also take necessary steps in the matter.
A copy of the order be forwarded to the Chief Secretary, Delhi, Secretary, Ministry of Jal Shakti, Govt. of India, DJB, CPCB, DPCC, Commissioners of all Municipal Corporation of Delhi, all the District Magistrates in Delhi and Justice S.P. Garg, former Judge of Delhi High Court.
List for further consideration on 17.08.2020 along with O.A. Nos. 970/2019, 176/2015 and 496/2016. The dates already fixed in O.A. No. 176/2015 and 496/2016 will stand re-scheduled accordingly.”
3. Accordingly, a report has been filed by the DPCC on 11.07.2020 to the effect that Environment Department, Government of Delhi has prepared SOP titled ‘Regulation of extraction of ground water, losure, prohibition of illegal activities relating to use of borewells/tubewells’.
4. In the SOP clear responsibilities have been assigned to various agencies as DJB/local bodies and block development officers for identification of illegal borewells depending on nature of use and Deputy Commissioners (Revenue) of the districts have been assigned the role of supervision of checking the violation and closure of illegal borewells. An inter departmental advisory committee has been constituted for each district to assist the Deputy Commissioners. It has been observed that often the drilling machines/rigs are used to dig illegal borewells the mechanism for their regulation including registration and prior permission for movement and deployment has also been incorporated in the SOP. The mechanism for levying of environmental compensation has also been incorporated in the SOP. It is mentioned that Delhi Jal Board has already identified 19661 illegal borewells on which action is being taken and 7248 units have already been closed down by the district authorities. The remaining units are to be closed down on priority as these have been already identified and the process is to be completed within a period of three months.
5. The SOP is as follows:—
“Standard Operating Procedure (SOP):
1. Drawing ground water through borewell or tubewell for domestic, commercial, agricultural or industrial uses without the prior permission of the “Competent Authority” will be considered illegal and without authority of law. The Competent Authority is Delhi Jal Board in the entire NCT of Delhi except areas under the New Delhi Municipal Council (NDMC) and Delhi Cantonment Board (DCB). For borewells/tubewells for agricultural uses, the information on illegal extraction of ground water will be provided by the BDO to the Advisory Committee.
2. The Deputy Commissioner (Revenue) of each district, who is the Authorised Officer under the direction dated 18.05.2010 is required to supervise checking violation i.e. detection of illegal wells and closure thereof through the SDMs.
3. An Advisory Committee in each of the revenue districts with representatives from DJB, CGWB, ‘ULBs, DPCC, reputed NGO has been constituted to assist the DC in detecting illegal borewells for taking action. Accordingly, the advisory committee will prepare a list of such illegal borewells every month by taking information from all available sources including Revenue Officers, representatives of Delhi Jal Board, ULBs, DPCC, NGOs and other relevant sources. Proactive action needs to be taken by the above representatives in detection of illegal extraction of ground water and furnishing the same to the Advisory Committee promptly. Superintending Engineer (SE), DJB is the Member Secretary of Advisory Committee, and he is required to ensure timely conduct of the meeting and also to record the proceedings.
4. The Delhi Jal Board has already identified 19661 such illegal borewells on which action is being taken and 7248 units have already been closed down by the district authorities. The remaining units to be closed down on priority as these have been already identified and the process to be completed within a period of three months. A weekly progress report district wise will be submitted to the Divisional Commissioner for monitoring. The illegal borewells/tubewells other than the list provided by DJB will be taken up for closure thereafter. Further, in the first phase, action against borewells/tubewells engaged in commercial exploitation of ground water will be taken.
5. In case the illegal borewell/tubewell is already constructed/operating, the same will be closed and the electricity supply to the energized tubewell will be disconnected even if it is through DG sets. In case of the illegal borewell/tubewell is under construction, then the drilling rig will also be sealed.
6. For the purpose of closure of illegal borewells/tubewells, joint action teams under the supervision of the concerned SDM will be formed for ensuring effective coordination. The joint team will comprise field functionaries from DJB, DISCOMs and Local Police.
7. The Deputy Commissioner who is the chairperson of the Advisory Committee will forward the details of illegal borewells to the DPCC for levying Environmental Compensation (EC) for illegal extraction of ground water.
8. The DPCC will assess EC as per the methodology devised by CPCB in its report dated 26.06.2019. After assessment of the EC, demand will be raised and in cases of non-recovery, SDM to recover EC as arrears of land revenue.
9. All the drilling machines/rigs utilized for boring purposes in Delhi are required to obtain registration from the offices of Deputy Commissioners of the concerned districts. The movement of drilling machines/rigs will be allowed for authorised drilling to the identified location and for specified duration by the concerned Deputy Commissioner.
10. The Delhi Police and Transport Department of Govt. of NCT of Delhi will allow movement of the drilling machines/rigs having the prior permission for such movement from the concerned Deputy Commissioner. The concerned Deputy Commissioner (Revenue), Deputy Commissioner of Police and Deputy Commissioner, Enforcement of Transport Department will be responsible for strict compliance of the guidelines regarding movement of drilling machines/rigs.
11. As provided in the direction dated 18.05.2010 issued under Section 5 of the Environment (Protection) Act, 1986 the Deputy Commissioner of each district will launch prosecution against the offenders related to ground water extraction on the recommendations of the Advisory Committee.
12. The concerned Advisory Committee of each district is responsible to ensure that there is no illegal extraction of ground water in the district.”
6. In view of the above, let further steps be taken which may be overseen by the DPCC and compliance status as on 31.12.2020 be brought on record by 15.01.2021.
7. A copy of this order be sent to DPCC by e-mail.
8. List for further consideration on 29.01.2021.
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