(Feature Image: Underconstruction overhead water tank along Bindal river in Dehradun. B. S. Rawat/SANDRP/May 2024)
This annual overview includes the top ten reports from 2024 on judicial interventions regarding groundwater in urban India. The overview shows that the judicial bodies, particularly the NGT, have been dealing with various cases concerning the violations of groundwater extraction norms, including permission, use of treated sewage and rainwater harvesting by residential projects, and groundwater pollution by landfill sites and industrial waste across the country.
The overview of the court proceedings broadly suggest that the concerned governing bodies have been showing casual approach when it comes to ensuring the compliance to norms and improve governance, thus failing to stop the depletion & contamination of GW in Urban India.
The earlier parts of the overviews on the GW have covered informative studies on groundwater in 2024, the alarming contamination and depletion of groundwater, relevant steps taken by various governments, judicial intervention to protect the groundwater resources. This year, we have also prepared separate overviews on groundwater issues in urban areas and relevant efforts by governments to protect groundwater in cities.
1. Greater Noida 41 of 63 builders found using GW The NGT has intensified its scrutiny of illegal groundwater extraction by builders in Greater Noida West, following a joint committee’s report that 41 of 63 projects in Greater Noida were found using groundwater. While hearing the matter on Feb 4, the National Green Tribunal (NGT) directed the Greater Noida authority and the Uttar Pradesh Pollution Control Board (UPPCB) to verify claims made by developers regarding their use of treated sewage plant (STP) water instead of groundwater.
According to the NGT, some realtors have claimed that they do not extract groundwater and instead use the treated water from Greater Noida authority, Noida authority, or private suppliers. However, the tribunal emphasized the need for a thorough investigation to verify these claims by builders. It directed the Greater Noida authority and UPPCB to verify the disclosures made by realtors regarding their source of supply and submit a report to the tribunal within eight weeks. The bench further said, “Those project proponents who have not filed details of the source, quantity, and period of receipt of STP-treated water and other sources of raw water shall have an opportunity to submit it through an affidavit within a week.”
The petition was filed by Greater Noida resident and environmentalist Pradeep Dahaliya before the NGT in 2022, alleging that builders in Greater Noida West were engaged in indiscriminate groundwater extraction for construction since a long time. Next hearing on April 28, 2025. https://www.hindustantimes.com/cities/noida-news/41-of-63-builders-in-greater-noida-found-using-groundwater-ngt-told-101739299646436.html (12 Feb. 2025)
NGT seeks builders’ replies The directive came after a petition was filed by environmentalists Pradeep Dahalyia and Prasoon Pant, who alleged that groundwater was being extracted at 63 projects in Greater Noida West. The petitioners said that these developers were fined Rs 300 crore by a committee comprising officials of the district administration, UPPCB and the CGWA. The petitioners said that there are several new projects in Greater Noida West where illegal groundwater extraction could be going on.
Earlier, NGT had said that notices should be issued to all builders in Bisrakh and govt offices that extract ground water illegally. The tribunal added that since no formal notices were issued by the tribunal to all project proponents who may be affected by the ultimate order, notices should be issued to all respondents, except those who are already represented. However, till now the builders have not filed their responses in NGT. https://timesofindia.indiatimes.com/city/noida/groundwater-extracted-at-63-project-sites-in-gr-noida-west-ngt-seeks-builders-replies/articleshow/108925882.cms (01 April 2024)
1% of project cost to be imposed as fine on builders extracting GW: CGWA to NGT The Central Ground Water Authority (CGWA) has told the NGT that 1% of the total project cost will be imposed as ‘environmental compensation’ on developers engaged in illegal groundwater extraction in Greater Noida West. The NGT is currently hearing a petition by resident Pradeep Dahaliya in 2022 alleging that builders were engaged in indiscriminate groundwater extraction for construction purposes since a long time.
33 group housing societies were found to be allegedly extracting groundwater illegally in 2023 in Greater Noida West. An environmental compensation of ₹306 crore was also levied by the committee on the errant developers. The depts failed to provide the quantum or period of groundwater extraction by builders.
“1% of the total project cost is a very small amount to be imposed as penalty as these developers have been engaging in the violation for so long. Minimum 5% of the total project cost should be levied on them,” said petitioner Pradeep Dahaliya. NGT has been seeking response from the developers/builders who are allegedly involved in the illegal groundwater extraction in Greater Noida. Clarifying about the delay in their response in NGT, some of the counsel for builders told the tribunal in April that the notice was served at closed sites and the redirected notices were received late. Next hearing on Oct 15 2024. https://www.hindustantimes.com/cities/noida-news/1-of-project-cost-to-be-imposed-as-fine-on-builders-extracting-groundwater-ngt-told-101721155597763.html (17 Jul 2024)
2. Noida NGT orders immediate halt on illegal constructions Finding merit in the petition, the tribunal has now directed the state authorities and the UPPCB to ensure that no project requiring environmental clearances is allowed to proceed without compliance until the next date of hearing on March 27, 2025. “Over 20,000 ha of fertile farmland in Greater Noida and a similar area in Noida have been usurped for illegal plotting and construction,” the petition said. These developments, the petition argued, violated the Air Act and Water Act and lack of clearances for groundwater extraction from the district ground water management council.
Advocate Akash Vashishtha, representing Tyagi, emphasised the scale of illegal activities: “Almost the whole of Greater Noida has been taken over by unauthorised constructions. Borewells are being dug without mandatory approval, and power connections are being facilitated by the discom to illegal colonies,” he said. In July 2024, UPPCB Noida and Greater Noida submitted before the NGT that 47 villages of Greater Noida were found to have unauthorised constructions in the form of shops, residences, etc. In Noida, areas in Shahdara near Sector 141, Garhi Chowkhandi near Sector 121 and Behlolpur near Sector 65, which falls in the floodplain zone, were reeling under encroachments. https://www.hindustantimes.com/cities/noida-news/ngt-orders-immediate-halt-on-illegal-constructions-in-noida-greater-noida-101734114028908.html (14 Dec. 2024)
3. Delhi Groundwater Plan: NGT Orders Inquiry Calling the voluntary disclosure scheme (VDS) to extract groundwater a ‘scam’, the NGT has asked the chief secretary to conduct an inquiry and ascertain the loss from unregulated drawing of groundwater in the name of ‘non-existing’ VDS in Paharganj. The tribunal observed that the VDS was not framed but was discussed during a meeting in 2014, and a public advertisement was issued for VDS based on the meeting. A plea was filed in the tribunal by activist Varun Gulati against the illegal drawing of groundwater by guest houses and hotels in Paharganj.
In Nov 2023, the Delhi Pollution Control Committee informed the NGT that of the total 536 guesthouses and hotels in Paharganj, 442 were found to be extracting groundwater. However, notices were initially issued to only 257 guesthouses as 185 were found to be extracting groundwater under DJB’s VDS. “What makes the matter serious is that after the voluntary disclosure by the hotels/guest houses of Paharganj, no water meters were fixed on the tubewells/borewells to measure the quantity of water extracted, and no groundwater extraction charges were charged from them,” said the bench headed by Justice Prakash Shrivastava. The tribunal said hundreds of hotels and guest houses in Paharganj for more than 10 years have been drawing groundwater without any regulation.
The tribunal asked the chief secretary to ascertain the extent of loss to the exchequer from such unregulated extraction of groundwater, extent of damage to the environment, the effect of such illegal action on the groundwater of the area and also sought to hold the officers concerned accountable. https://timesofindia.indiatimes.com/city/delhi/groundwater-plan-ngt-orders-inquiry/articleshow/117925655.cms (05 Feb. 2025)
NGT slams agencies for blame game Terming the situation very unfortunate, NGT said the issue of illegal extraction of groundwater in Paharganj was pending for a long time now. The agencies are shifting the responsibility onto each other without clearly disclosing which authority is responsible for regulating groundwater extraction in Delhi, it added. “In order to ascertain which authority is responsible for checking the illegal extraction of groundwater in Delhi and taking punitive action for such violations, we had put a query to all the counsel for respondents, but none of them could answer it,” stated NGT chairperson Justice Prakash Shrivastava in an order dated Aug 22.
Earlier, DJB had claimed that the responsibility lies with the district level advisory committee, while DPCC stated that in emergent violation cases of illegal groundwater extraction, the authorised officer is required to take action, which is the deputy commissioner (revenue) of respective areas of Delhi. The stand of the counsel for Delhi govt is that she will obtain instructions, and she does not know who the officer responsible for regulating the groundwater is, the tribunal asserted. https://timesofindia.indiatimes.com/city/delhi/groundwater-ngt-slams-agencies-for-blame-game/articleshow/112846348.cms (28 Aug. 2024)
DPCC imposes fine of ₹1 lakh on 442 Paharganj hotels DPCC has imposed an environmental damage compensation (EDC) of Rs 1 lakh each on 442 hotels or guesthouses in Paharganj for illegally extracting groundwater. Of the total fine of Rs 4.42 crore, DPCC has received Rs 2 lakh so far from two hotels. In a report submitted to NGT dated Aug 20, DPCC said that following the issuance of showcause notices in July 2024, they have now imposed a fine of Rs 1 lakh each for extracting groundwater without taking permission from Delhi Jal Board. https://timesofindia.indiatimes.com/city/delhi/dpcc-fines-442-paharganj-hotels-for-groundwater-extraction/articleshow/112818901.cms (27 Aug 2024)
5. Gurugram Submit info on Manesar groundwater levels in 6 months: SC The Supreme Court on Dec 3 directed Haryana govt to file an affidavit in six weeks, detailing the status of groundwater availability in Manesar and details of steps being taken by the authorities to ensure that norms are being followed to recharge GW. The apex court also issued notices to CGWB & National Capital Region Planning Board (NCRPB) to file their responses in 4 weeks. The bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar gave the directive while hearing a special leave petition filed by NGO Fertile Land Protection Movement against rapid urbanisation, depleting groundwater and conserving fertile agricultural land.
The area referred to in the petition is next to Industrial Model Township (IMT) Manesar, built over 4,600 acres that is surrounded by the Aravali hills in the north and east. The case goes back to 2008-2011, when Haryana State Industrial and Infrastructure Development Corp (HSIIFC) acquired 3,000 acres of land in Kasan, Kukrola, Fazilwas, Kankrola, Kharkhari, Baslambi, Mokalwas, Sehrawan, and Farakpur villages for IMT Manesar’s expansion.
In 2011, the NGO filed a PIL over haphazard development of the land acquired by HSIIDC. In 2019, the Punjab & Haryana high court dismissed the PIL after directing Haryana govt to form a committee to address petitioner’s grievances. In Sept 2023, HC dismissed these petitions.
The Movement in Jan 2024 filed a special leave petition before the Supreme Court, which heard the first arguments this month. The plea will be taken up next on Mar 3, 2025. https://timesofindia.indiatimes.com/city/gurgaon/submit-info-on-manesar-groundwater-levels-in-6-months-sc-asks-haryana/articleshowprint/116300469.cms (14 Dec. 2024)
6. Gurugram Toxic leachate damaging Aravalis The analyses were conducted after NGT directed HSPCB to collect samples of the leachate in Aravalis near the waste plant as the greens have alleged that the toxic liquid has been seeping into the groundwater from the Bandhwari landfill. In Sept 2022, NGT had also imposed environmental compensation of Rs 100 crore on Haryana govt for damage to the Aravalis near the landfill. It had directed MCG and MCF not to dump any fresh waste in the landfill. https://timesofindia.indiatimes.com/city/gurgaon/toxic-leachate-from-bandhwari-poisoning-aravalis-says-pollution-board/articleshow/118155625.cms (12 Feb. 2025)
CPCB to probe The NGT asked CPCB to investigate groundwater quality around the Bandhwari landfill waste treatment plant, which has been severely contaminated by leachate.
This order was issued in response to a plea by a resident of the area Poonam Yadav and environmentalists Vivek Kamboj and Vaishali Rana during a hearing on Sep 3. The petitioners alleged excessive leachate seepage during monsoons from the landfill site to surrounding areas, including the adjacent road. The tribunal also directed HSPCB to implement suitable punitive actions and furnish a comprehensive report, at least one week before the next hearing on Dec 17. https://timesofindia.indiatimes.com/city/gurgaon/leachate-polluting-groundwater-cpcb-to-probe/articleshow/113104752.cms (06 Sept. 2024)
SPCB says landfill leachate polluting GW, MCG trashes claim Water samples collected by SPCB from areas near the Bandhwari landfill have been found to contain toxic substances and chemicals, much higher than the permissible limits. MCG, however, has denied any contamination by leachate spill from the landfill, claiming that the spots from where the samples were collected were over 20km away from the site. HSPCB submitted a report to the NGT on Apr 4 following tests conducted on samples collected from 10 areas near the landfill’s waste processing plant on Feb 24. The tests came after NGT directed the board to determine if untreated leachate was being dumped into the fragile ecosystem of the Aravalis. https://timesofindia.indiatimes.com/city/gurgaon/hspcb-says-landfill-leachate-polluting-groundwater-mcg-trashes-its-claim/articleshow/109047609.cms (05 April 2024) The NGT has expressed dissatisfaction with the steps taken by MCG and MCF to process daily and legacy waste at Bandhwari landfill. It has asked for a fresh report, citing undisclosed advancements in their recent submissions. The tribunal has also questioned the rationale behind sending groundwater samples to a lab in Punjab even though SPCB has its own facilities for testing. https://timesofindia.indiatimes.com/city/gurgaon/corpns-face-ngt-flak-over-bandhwari-waste-processing-told-to-file-report/articleshow/108955620.cms (02 April 2024)
7. Mohali NGT slams GMADA for violations at Purab Premium Apartments The NGT has come down heavily on the Greater Mohali Area Development Authority (GMADA) over blatant environmental violations at its Purab Premium Apartments project in Sector 88. On Feb 12, the green court directed GMADA’s chief administrator (CA) Moneesh Kumar to conduct an inquiry to find officers responsible for these violations, demanding action within three months and an action-taken report before its registrar general. The tribunal warned that failure to comply would lead to further scrutiny. Moreover, over two years after the Punjab Pollution Control Board (PPCB) in Sep 2022 imposed a compensation of ₹1.02 crore on GMADA for environmental violations at the project, the tribunal asked the board to impose further penalty on the authority.
An NGT-appointed three-member joint committee had highlighted these violations after a visit to the project site in Nov 2023: GMADA did not install a STP and is discharging the entire untreated domestic sewage into sewer leading to STP, Mohali. Fresh water being used for toilet flushing and plantation/horticulture purposes instead of treated sewage water. No record regarding maintenance of RWH pits. Drinking water supply line and fresh water supply line for horticulture and flushing not colour-coded. https://www.hindustantimes.com/cities/chandigarh-news/ngt-slams-gmada-for-green-violations-at-purab-premium-apartments-101739389900108.html (13 Feb. 2025)
8. Pune NGT imposes ₹3.11cr fine construction firm The NGT in its order, mentioned that out of this ₹3.11 crore, the construction company need to pay ₹2.37 crore to Pune Municipal Corp (PMC) and ₹74.18 lakh needs to be paid to Maharashtra Pollution Control Board (MPCB) within a month. The construction company in 2005, started a project titled ‘Brahma Exuberance, Elite’ at Kondhwa Khurd. The project spread over a 17,433.10sq m area, involves five buildings, four of which stand completed, with 249 flats (194 completed) and an overall built-up area of 41,500sq m.
In 2019, Ajay Bhosale, a resident in the Nana Peth area, filed an application in NGT against the said project alleging that the firm undertook the project without obtaining prior EC, which is mandatory for constructions involving more than 20,000sq m of built-up area, from the SEIAA and without consent to establish from the MPCB. Bhosale also cited various violations of environmental norms. This includes violation of groundwater extraction norms, non-operational STP, use of diesel generator sets etc.
Multiple hearings were held after the bench accepted the first application. The bench earlier also directed the SEIAA to calculate environmental damage compensation for the project. Meanwhile, the project proponent had applied for an ex-post-facto environmental clearance, which was granted on Oct 19, 2023. https://www.hindustantimes.com/cities/pune-news/ngt-imposes-3-11-cr-fine-as-green-damage-compensation-on-pune-based-construction-firm-101733074885015.html (30 Nov. 2024)
9. Coimbatore Corp assures NGT of plan to mitigate Vellalore dump pollution The city corporation has laid out a comprehensive plan to mitigate groundwater contamination and air pollution caused by the Vellalore dump yard. During a recent hearing of the case, the civic body assured the NGT that it would minimize waste disposal at the site, prevent leachate generation and implement measures to avoid the incidence of landfill fire. According to corporation commissioner M Sivaguru Prabhakaran, the primary focus is implementing phase-II of the biomining process, for which an administrative sanction of Rs70 crore has been received. As an interim solution to groundwater contamination, the corporation has sanctioned two new borewells in the nearby areas to provide clean drinking water, diverting supply away from the affected regions. https://timesofindia.indiatimes.com/city/coimbatore/coimbatore-corporation-assures-ngt-of-bringing-waste-disposal-down-at-vellalore-to-mitigate-pollution/articleshow/117379252.cms (20 Jan. 2025)
CCMC fails to file a report on Vellalore dump yard During a hearing of a case against Coimbatore City Municipal Corp (CCMC) on Jan 9, the NGT slammed the civic body for its negligence and lack of responsibility, as it failed to submit reports related to Vellalore dumpyard as mandated. As CCMC has not been taking measures to clear waste, KS Mohan, a social activist and Kurichi-Vellalore Pollution Prevention Action Committee’s secretary filed a petition before NGT Southern Zone.
In the previous hearing, the NGT had ordered CCMC to file an affidavit and necessary reports regarding the Vellalore dumpyard issue. However, CCMC failed to comply with this order. KS Mohan said, “Neither did CCMC officials show up for the hearing, nor did they submit the affidavit and other documents. The NGT judges have ordered CCMC to submit the affidavit at the next hearing on Feb 5. The NGT has also warned CCMC of imposing a fine if they fail to submit the report.” https://www.newindianexpress.com/states/tamil-nadu/2025/Jan/10/ccmc-fails-to-file-a-report-on-vellalore-dump-yard-national-green-tribunal-warns-of-penalty (10 Jan. 2025) https://www.thehindu.com/news/cities/Coimbatore/submit-vellalore-dump-yard-report-or-face-10000-fine-ngt-to-coimbatore-corporation/article69079726.ece (09 Jan. 2025)
SPCB confirm GW contamination near Vellalore dump yard Based on complaints from local residents about yellow discoloration in groundwater, the SPCB inspected the Vellalore dump yard on Oct 4, 2024, and collected samples for analysis, confirming contamination issues. The SPCB also issued an order for urgent action regarding untreated sewage overflow from a lifting station near the dump yard. The order emphasised the need for immediate measures, including connecting flow meters at the Sewage Treatment Plant to the TNPCB server for continuous monitoring. Commissioner M. Sivaguru Prabakaran said, “We had discussed everything with the SPCB and NGT board. Payment has been made for renewal of authorisation, and solutions for the problems related to waste from the dump yard are being addressed. Once the waste is cleared, groundwater quality will improve, and air quality will also be better.” https://www.thehindu.com/news/cities/Coimbatore/tnpcb-test-reports-confirm-groundwater-contamination-near-vellalore-dump-yard/article68829035.ece (04 Nov. 2024)
K Maarimuthu, a retired govt employee residing here, said, “Three borewells were installed, and all of them are closed now due to the groundwater contamination. No other choice, we must use water from an open well, which too is far from clean”. Rectifying this groundwater pollution is highly impossible, says KS Mohan, who obtained the SPCB test results through RTI. “The only way is to stop garbage dumping here at Vellalore. This issue was taken to the notice of the NGT and SPCB, and multiple letters and notices have been issued to the corporation against which no action has been implemented,” he said. https://timesofindia.indiatimes.com/city/coimbatore/severe-groundwater-contamination-crisis-at-vellalore-dump-yard/articleshow/115063131.cms (08 Nov. 2024)
CCMC submits action plan to NGT on Vellalore dump yard cleanup CCMC submitted a 98-page action plan to the NGT concerning the clearance of legacy waste from the Vellalore dump yard and the prevention of further waste dumping at the site. https://www.newindianexpress.com/states/tamil-nadu/2024/Sep/05/ccmc-submits-action-plan-to-ngt-on-vellalore-dump-yard-cleanup (5 Sep 2024)
Come clean on dumping plan at Vellalore: NGT The NGT has criticised CCMC demanding a concrete timeline for stopping all fresh waste disposal at the Vellalore landfill. This directive follows a hearing on Aug 14, 2024, stemming from the tribunal’s suo motu action based on a report by The Hindu about a fire at Vellalore on April 7, 2024. https://www.thehindu.com/news/cities/Coimbatore/come-clean-on-dumping-plan-at-vellalore-ngt-tells-coimbatore-corporation/article68536411.ece (17 Aug. 2024)
10. Bhopal Heavy metals around gas tragedy site: Govt to NGT Several locations close to the now defunct Union Carbide India Ltd (UCIL) plant in Bhopal have reported higher concentrations of different heavy metals in groundwater, 39 years after the Bhopal gas tragedy, according to report submitted to the NGT by the CGWA.
The CGWA conducted the testing of the groundwater after the NGT took cognisance of an article by The Hindu in Dec 2023 that hundreds of tonnes of toxic waste was dumped by the UCIL within their factory premises from 1969 to 1984, but despite court orders and warnings, it has not yet been cleared by authorities. Stating that the new report raises “substantial issue” relating to compliance of the environmental laws, the NGT had issued notices to the CGWA, the Chief Secretary of Madhya Pradesh, the Madhya Pradesh Pollution Control Board, and the Central Pollution Control Board.
The factory premises has about 11 lakh tonnes of contaminated soil, one tonne of mercury, and nearly 150 tonnes of underground dumps, according to a study commissioned by the govt in 2010. Over the years, many studies have found groundwater in different residential areas outside the factory contaminated with heavy metals and other toxic substances, which could lead to cancer and other diseases. Now, experts say there are chances of the groundwater contamination spreading to more areas as the toxic waste is not yet removed. https://www.thehindu.com/news/national/other-states/higher-levels-of-heavy-metals-in-areas-around-the-bhopal-gas-tragedy-site-government-report/article67958320.ece (17 March 2024) A petition was filed in the Madhya Pradesh High Court on Dec 30 2024 demanding a stay on the govt’s plans to move the toxic waste from the Union Carbide factory in Bhopal to Pithampur industrial area near Indore for incineration. https://www.thehindu.com/news/national/madhya-pradesh/petition-in-mp-high-court-to-halt-transfer-of-union-carbide-waste-to-pithampur-near-indore/article69044641.ece (31 Dec 2024)
Other Relevant Reports
Lucknow GW Depletion: NGT imposes fine of ₹5K The NGT has imposed a fine of Rs 5,000 each on the district magistrate of Lucknow, the Lucknow Nagar Nigam and the Lucknow Development Authority for not appearing before the tribunal in pursuance to its directions, to be deposited within two weeks. In an order passed on Sep 4, a bench after noting the submissions of the counsel for the CGWA and Central Pollution Control Board (CPCB) allowed their request seeking four weeks to file replies. It noted that there was no representation from the other authorities. Next hearing on Dec 20. https://www.theweek.in/wire-updates/national/2024/09/11/lgd21-green-lucknow-dm-fine.html (11 Sep 2024) The Lucknow Development Authority (LDA) is actively working to maintain groundwater levels, LDA told the NGT in a report on Oct 25 2024. https://www.downtoearth.org.in/environment/daily-court-digest-major-environment-orders-november-12-2024 (13 Nov. 2024)
Delhi DPCC fines school ₹ 1 lakh for drilling 12 borewells DPCC has reported to the NGT that it has levied an environmental compensation of Rs 1 lakh on a private school in Anand Vihar, east Delhi, for illegally extracting groundwater. DPCC also mandated the school to install a RWH system. The tribunal passed an order on July 25, 2022, in response to a plea by resident Amit Sharma, who alleged that the school had violated environmental norms by digging 12 borewells and installing a commercial RO system. https://timesofindia.indiatimes.com/city/delhi/dpcc-fines-e-delhi-school-1-rs-lakh-for-drilling-borewells-to-extract-groundwater/articleshow/112556351.cms (16 Aug. 2024)
GW contamination in Dwarka: NGT seeks DJB report The NGT has instructed the DJB’s CEO to submit a detailed affidavit within four weeks, outlining the corrective measures and actions taken to address the groundwater contamination in Dwarka. The directive comes after a revelation that out of 354 housing societies in the area, 180 are facing GW contamination due to defective RWH systems. https://www.newindianexpress.com/cities/delhi/2024/Sep/01/groundwater-contamination-in-dwarka-ngt-seeks-djb-report (01 Sept. 2024)
Compiled by Bhim Singh Rawat (bhim.sandrp@gmail.com)
