Governance

Daily Court Digest: Major environment orders (November 29, 2023)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

 
By DTE Staff
Published: Wednesday 29 November 2023

Depleting groundwater level

The National Green Tribunal has impleaded 21 states and Union territories in a case involving the depleting groundwater level in India. It also directed that notices be issued to the Central Ground Water Board (CGWB), the Union Ministry of Jal Shakti and the Union Ministry of Environment, Forest and Climate Change (MoEFCC) .

Andhra Pradesh, Delhi, Haryana, Jammu & Kashmir, Tamil Nadu, Bihar, Gujarat, Tripura and Jharkhand were among the states directed to file a response on November 24, 2023. The next hearing of the case will be held on February 9, 2024. All the respondents have to file their replies a week before the hearing.

The application was registered suo motu on the basis of an article published in the newspaper Hindustan Times on October 26, 2023 titled UN predicts groundwater level in India will reduce to ‘low’ by 2025. Some areas in the Indo-Gangetic basin in India have already passed the groundwater depletion tipping point and its entire northwestern region is predicted to experience critically low groundwater availability by 2025, the article stated.

A report by the CGWB on November 22, 2023 said all measures have been taken by the government to improve the situation of groundwater in the country.

However, the NGT pointed out that the 2022 annual report of the department of water resources under the CGWB depicted a different picture. For instance, “a comparison of the depth to water level of premonsoon 2022 with premonsoon 2019 indicates that 69.7 per cent of the analysed wells (11,744) show rise in water level, whereas almost 29 per cent wells showed a decline”.

The report found overextraction in several areas, particularly Rajasthan and Gujarat, where arid climate conditions result in low groundwater recharge, causing stress. In peninsular areas, overexploited units are widespread in the states of Karnataka, Tamil Nadu and parts of Andhra Pradesh and Telangana. 

The report also suggested more experimental studies be taken up refining the norms, taking into consideration irrigation, soil types, agro climatic zones, recharge from water conservation and waterbodies.

Red-category units in Lal Kuan, Delhi

The NGT on November 28, 2023 took a serious view of allegations of red-category industrial units operating in residential areas of Lal Kuan, Delhi and directed the constitution of a joint committee to look into the issue. 

Industrial sectors with a pollution index score of 60 and above are in the red category, according to the MoEFCC.

The committee will consist of representatives of the member secretary, Central Pollution Control Board (CPCB); the member secretary, Delhi Pollution Control Committee (DPCC) and sub-divisional magistrate, south Delhi.

The committee was directed to visit the site to verify the allegations, suggest remedial measures and submit a status and action-taken report to the NGT within two months.

An application in the NGT alleged that red-category polluting units were operating in the residential areas of Gali Kuan Wali, Lal Darwaza, Sirki Walan and Lal Kuan in Delhi. These units were washing and polishing hardware like nuts and bolts using hydrochloric acid, causing air and water pollution and operating in violation of environmental norms, the application alleged. 

The units were drawing groundwater by using illegal borewells without any permission or no objection certificates, the applicant said. Further, the units were directly discharging their effluents and the used hydrochloric acid either into nearby drains or on the open land, causing serious health hazards to the nearby residents. Deaths have also occurred for this reason in the area in the last three years, according to the applicant.

Illegal stone quarry mining in Mangalore

The NGT November 24 directed notices to be issued to the Karnataka State Pollution Control Board, deputy commissioner, Dakshina Kannada and mangalore and mining department, Karnataka government over illegal stone quarry mining in the outskirts of Neerumarga Gram Panchayat, Mangalore for the last three years.

Counsel for the state of Karnataka informed the court that an inspection was carried out on October 25, 2023 and the mining activity in the area was stopped and machines and excavator machines seized.

The principal bench of the NGT directed the matter be transferred to the southern zone bench, Chennai for further action in accordance with law and the matter is to be listed for January 5, 2024. 

Subscribe to Daily Newsletter :

Comments are moderated and will be published only after the site moderator’s approval. Please use a genuine email ID and provide your name. Selected comments may also be used in the ‘Letters’ section of the Down To Earth print edition.