Order of the National Green Tribunal in the matter of Rajpal Singh Kandhari & Others Vs State of Uttar Pradesh & Others dated 09/04/2021.

Grievance in this application is against illegal extraction of ground water for the project Prateek Grand City, Plot Nos. 4/BS-01 & 4/BS-05, Siddhartha Vihar, Ghaziabad. The construction involved in the said project is said to be 57,350.830 sq. mtrs. & 97,565.680 sq. mtrs. Respectively. The ground water extraction is in violation of CGWA Guidelines, 2015. Built up area is 14,18,187.871 sq. mtrs. The Project Proponent has dug numerous borewells. The area is critical in terms of ground water availability. There is contamination of toxics in the ground water. No permission for extraction of ground water has been or can be granted except for drinking purposes. The Environmental Clearance (EC) for the project dated November 11, 2014 was subject to the condition that ground water would not be extracted for construction, stated the application filed in the court by Rajpal Singh Kandhari .

A factual and action taken report was sought from the Committee comprising CPCB, State PCB, District Magistrate, Ghaziabad, Central Ground Water Authority (CGWA) and SEIAA, Uttar Pradesh. The report filed by the Uttar Pradesh Pollution Control Board, December 7, 2020 informed the Tribunal that illegal tubewells have been found and fresh groundwater was being used in the construction activity instead of using treated water. For such illegal violations, the Committee has recommended dismantling of borewells and recovery of compensation.

The NGT directed further action in terms of the Joint Committee report and the committee has been asked to make assessment of the compensation within one month. The sealing of illegal borewells has to be ensured by the District Magistrate, Ghaziabad. Fresh potable water must not be allowed to be used in the construction sector, the NGT order reiterated.