National Green Tribunal flags illegal use of groundwater by Paharganj hotels

The National Green Tribunal (NGT) on Thursday directed that a committee should be formed to take remedial measures over the alleged illegal extraction of groundwater by 536 hotels in Paharganj. The NGT also directed the committee to look into the legality of groundwater extraction by the hotels and similar establishments, besides their compliance with norms, including consent conditions for extraction, groundwater availability, and replenishment measures.

The tribunal issued the directions while hearing a petition seeking the execution of an earlier NGT order passed in April 2021. The petition sought an injunction against the illegal withdrawal of groundwater by 536 hotels operating in Paharganj.

According to the order issued by NGT, the green body has recommended that the committee should be formed comprising the ministry of environment, Central Pollution Control Board, Delhi Pollution Control Committee, Central Groundwater Authority (CGWA), and district magistrate of New Delhi. It also asked the committee to give a factual and action-taken report within two months.

A bench of chairperson Justice AK Goel said though any application which clubbed multiple causes of action was not permissible under the tribunal rules, NGT could take suo motu jurisdiction if there are serious violations of environmental norms.

The bench said it was going into the merits of the matter noting the serious allegations which, if found true, showed a serious violation of norms and the judgement of the Supreme Court by individuals and authorities concerned. The bench also included judicial member Justice Sudhir Agarwal and expert members A Senthil Vel and Afroz Ahmad.

“As per averments in the application, on the intervention of the environment minister, illegalities have been allowed to continue to the detriment of the environment and the rule of law,” the bench noted in its order.

It said that the sub-divisional magistrate concerned and Delhi Pollution Control Committee (DPCC) issued notice to 536 hotels and other establishments for violations in August 2021, following which 206 hotels filed replies and closure orders were 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 “In spite of this, notices were withdrawn and not acted upon in breach of rule of law and environmental norms.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 news… but the clear violation is allowed to continue which needs to be remedied,” the bench said.

Citing an earlier order regarding the illegal extraction of groundwater by hotels in Uttar Pradesh, where the tribunal directed the sealing of all establishments operating without mandatory consent, besides recovery of interim compensation, the bench asked a joint committee to look into the matter and prepare an action taken report “...let the committee look into the matter and take remedial measures in coordination with concerned authorities, following due process. CPCB and DPCC will jointly act as the nodal agency for coordination and compliance,” the NGT said.