NGT slams Centre over groundwater extraction, says exemptions against sustainable development

National Green Tribunal on Monday slammed Centre over its submission that restriction on extraction of groundwater in over-exploited, critical and semi-critical (OCS) areas is likely to have an adverse impact on industrial production, employment opportunities and GDP of some States.

green panel refused to review its order disallowing grant of ' Objection Certificate' to industries in OCS areas and said exemptions for infrastructure projects, Micro, Small & Medium Enterprises or or industries or commercial purposes except drinking water will be against sustainable development and public trust doctrine.

tribunal directed Ministry of Jal Shakti and Central Ground Water Authority to ensure that general permission be given for withdrawal of groundwater, particularly to any commercial entity, without carrying out an environmental impact assessment.

"re has to be listing of priorities within available limited resources and unlimited demands and impact assessment of such activity and policy of permitting extraction has to be based on carrying capacity in form of water levels.

"re must be general permission for withdrawal of groundwater, particularly to any commercial entity, without environmental impact assessment of such activity on individual Assessment units in cumulative terms covering carrying capacity aspects by an expert committee," a bench headed by NGT Chairperson Justice A K Goel said.

green panel said that such permission to industries should as per Water Manment Plans to be prepared in terms of this order based on mapping of individual assessment units.

"Any permission should be for specified times and for specified quantity of water and t in perpetuity, and be necessarily subject to digital flow meters which cant be accessed by proponents, with mandatory annual calibration by authorized ncy at proponents' cost," bench said.

It said that an annual review by independent and expert evaluation must audit and record groundwater levels as well as compliance with conditions of permission.

"Such audits must be published online for transparency and to track compliance and year-on-year change in groundwater levels, and swift action taken against those who fail audit, including withdrawal of permission, blacklisting, initiation of prosecution and recovery of deterrent compensation as per Central Pollution Control Board regime," bench said.

tribunal pulled ministry over its plea to allow industries in as per old guidelines and said that mandate of law is sustainable development and only ecomic consideration is t eugh for a policy, if it results in dam to environment in violation of intra and intergenerational equity and precautionary principle.

It said that road map has been provided on how new regime will check and neutralise falling groundwater levels.

"re is neir a claim that in last 24 years of regulation by CGWA, groundwater levels have improved r any projection for future improved. Data compiled by Niti Ayog in its report published in 2018 'composite water index' is clear evidence of over exploitation at several locations.

"Moreover, CGWA itself has conducted a survey and identified 1868 out of 6585 assessment units as OCS areas. Its failure is in t having effective regulatory regime. re is adequate implementation of conditions for drawal of groundwater for commercial purposes," bench said.

green panel said failure is evident by falling levels and news of mafias engd in illegal drawal of groundwater in OCS areas without effective check.

It said that furr liberalisation will defeat purpose of having CGWA and be contrary to mandate of public trust doctrine.  It directed Ministry of Jal Shakti to ensure requisite manning and effective functioning of CGWA so as to ensure sustainable ground water manment.

tribunal said that all OCS assessment units must undergo water mapping and water Manment Plans need to be prepared for all OCS assessment units in country based on mapping data, starting with Overexploited blocks.

" Water Manment Plans, data on water availability or scarcity and policy of CGWA must be uploaded on its website for transparency and public involvement. Such exercise may be done expeditiously, preferably within next three months," bench also comprising Justice S P Wangdi, said while seeking an action taken report by January 31 next year.

green panel was hearing a plea filed by journalist Shailesh Singh seeking action against depleting groundwater levels in country and prevention of its illegal extraction.

(Photo Credit: PTI)