NGT constitutes committee to look into illegal groundwater extraction by 536 hotels in Delhi's Paharganj

The National Green Tribunal (NGT) recently constituted a joint committee to look into illegal groundwater extraction by 536 hotels operating in Delhi's Pahargan [Varun vs Government of NCT of Delhi].A bench consisting of Justices Adarsh Kumar Goel and Sudhir Agarwal, along with expert members Prof. A Senthil Veil and Dr. Afroz Ahmad, recorded that closure orders were passed against 330 hotels for not responding to the show cause notices issued by the sub-divisional magistrate (SDM) and Delhi Pollution Control Committee (DPCC). The tribunal further noted that the notices were withdrawn and not acted upon in breach of rule of law and environmental norms, and that the clear violation needs to be remedied.."The SDM and DPCC issued show cause notice dated 04.08.2021 to 536 hotels and other such establishments for violations. 206 hotels gave reply. Closure order was passed against 330 hotels. Inspite of this, notices were withdrawn and not acted upon in breach of rule of law and environmental norms. The matter appeared in media news dated 23.04.2022 (Annexure-A-6) but clear violation is allowed to continue which needs to be remedied," the NGT said..The NGT was hearing an application seeking execution of a previous order in the matter. The original application sought injunction against the 536 hotels. However, since an application on multiple causes of action is not permissible as per statutory procedural rules, the NGT had permitted the applicant to move the concerned SDMs or other authorities and the Chief Secretary, Delhi, who oversee the compliance of norms on the subject..During the hearing of the matter on April 13, the tribunal noted that its previous order did not require execution, as it merely observed that the applicant could approach the concerned authorities. .The NGT also observed that the application, which combined multiple causes of action, was not permissible under the NGT (Practice and Procedure) Rules, 2011. However, it noted that it could take suo motu cognisance of the matter due to the serious violations of environmental norms that had been reported..Hence, it constituted a joint committee comprised of Ministry of Environment, Forest and Climate Change (MoEF&CC), Central Pollution Control Board (CPCB), DPCC, Central Ground Water Authority (CGWA), and the District Magistrate of New Delhi to look into the matter and take remedial measures in coordination with concerned authorities, following due process. CPCB and DPCC were designated as the nodal agency for coordination and compliance. The committee has to convene within two weeks and submit a factual and action taken report within two months..The committee's mandate includes examining the legality of ground water extractions, compliance with norms for such extractions, ground water availability, replenishment measures, and compliance with consent conditions granted under the Water Act, 1974 and Air Act, 1981..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.