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NGT warns of prosecution u/s 26 of NGT Act to Delhi officials over illegal borewells, next hearing set for March 21

#Infrastructure News#India#Delhi
Last Updated : 21st Jan, 2025
Synopsis

The National Green Tribunal (NGT) has issued show-cause notices to Delhi district magistrates and the DJB CEO for failing to act against illegal borewells, which threaten groundwater reserves. Despite an August 2024 directive to seal unauthorised borewells and file compliance reports, authorities showed widespread inaction. The NGT imposed fines of 10,000 rupees on each DM and criticised the Delhi government for withholding 70 crore rupees in environmental compensation. Warning of possible prosecution and detention under Section 26 of the NGT Act, the tribunal demanded compliance by March 21, 2025, urging immediate action to uphold environmental protection and its authority.

The National Green Tribunal (NGT) has pulled up district magistrates (DMs) and the Delhi Jal Board (DJB) for failing to take action against illegal borewells in the capital. In its January 8 order, the tribunal issued show-cause notices to the DMs and the DJB CEO, questioning their lack of compliance with previous directives and warning of penalties for continued negligence.


Illegal borewells, operating without mandatory No Objection Certificates (NOCs), pose a severe threat to Delhi's groundwater reserves. Aware of this issue, the NGT had, in August 2024, directed authorities, including the DJB and Delhi Pollution Control Committee (DPCC), to seal unauthorised borewells and submit compliance reports. However, the majority of these orders remain unimplemented.

A bench comprising judicial member Arun Kumar Tyagi and expert member Afroz Ahmad expressed disappointment over the lack of accountability. Despite having the authority to act, the DMs failed to seal illegal borewells or file reports. Similarly, the DJB provided no updates on its compliance status. The tribunal emphasised that this lack of action undermines constitutional responsibilities to safeguard the environment. It imposed fines of 10,000 rupees on each DM and demanded immediate deposit of the amount with the tribunal.

In a strongly worded statement, the NGT raised the possibility of prosecuting and detaining erring officials under Section 26 of the NGT Act. It added that failure to respect its authority and deadlines cannot be tolerated. The NGT also criticised the Delhi government for failing to transfer 70 crore rupees collected as environmental compensation from illegal borewell operators to the DPCC. These funds, intended for environmental restoration, remain unused.

The tribunal has directed the Chief Secretary to notify the Chief Minister, Council of Ministers, and Lieutenant Governor to consider disciplinary measures against the DMs. A final opportunity has been provided for transferring the funds to the DPCC. The next hearing is scheduled for March 21, 2025, with the tribunal making it clear that non-compliance will result in stricter action.

The National Green Tribunal's actions underscore the urgency of addressing the unchecked proliferation of illegal borewells in Delhi, which threaten the city's dwindling groundwater reserves. By holding district magistrates, the Delhi Jal Board, and the Delhi government accountable, the tribunal seeks to enforce compliance with environmental regulations and safeguard natural resources. With fines imposed, deadlines set, and the possibility of prosecution raised, the NGT has sent a strong message that negligence will not be tolerated. Prompt and decisive action is now crucial to avert further environmental degradation.

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