The National Green Tribunal (NGT) has set out stringent conditions for commercial groundwater use. The NGT has also directed the authorities to be strict in granting permits and to initiate swift corrective actions in case of breaches and mandating third-party compliance audit of businesses every year.Citing that the Central Ground Water Authority’s (CGWA) 2020 guidelines were against the...
The National Green Tribunal (NGT) has set out stringent conditions for commercial groundwater use. The NGT has also directed the authorities to be strict in granting permits and to initiate swift corrective actions in case of breaches and mandating third-party compliance audit of businesses every year.
Citing that the Central Ground Water Authority’s (CGWA) 2020 guidelines were against the law, the NGT has struck those guidelines too. The 2018 version of the guidelines had been struck down by the NGT last year.
According to the tribunal, it did not find merit in CGWA’s plea that stringent curbs on groundwater use will have an adverse impact on industrial production, employment opportunities and the economy of some states. The move puts on hold about 20,000 applications for no-objection certificates (NOCs) from the industry on groundwater use.
According to experts, the directions issued by NGT practically makes access to groundwater very difficult puts rigorous compliance requirements on businesses amid the covid-19 crisis as it lays down rigorous compliance requirements. The move, according to the experts interferes with the legislative functions of the Jal Shakti ministry. Some experts feel that the NGT has nudged the authorities towards ensuring sustainable groundwater management, according to a Supreme Court mandate by which the CGWA was created.
NGT has specifically banned “general permission for withdrawal of groundwater", especially to commercial entities, without an environment impact assessment. Swift action, including blacklisting and prosecution, should be taken against those who fail the audit. The authorities have three months to make water management plans for all overexploited, critical and semi-critical (OCS) areas. Around 800,000 companies fall in such areas, which account for about one-third of all 3,881 groundwater assessment units in India.
Industries must expect a complete overhaul in the manner in which permits are issued for extraction of groundwater for commercial activities. Industries extracting groundwater must ensure that all conditions are complied with. Non-compliance may invite prosecution.
The policy vacuum on granting permits to use groundwater is causing immense hardship to industry, resulting in closure and loss of jobs and livelihood, said an industry executive. According to official estimates, 89% of groundwater withdrawal is by farmers and only 5% is by industry, while the rest is for domestic use. In its order, NGT referred to a NITI Aayog report that flagged a growing water crisis, and proposed “interventions that make water use efficient, sustainable.”
The NGT order came in a dispute involving a hospitality firm and is a key case where jurisprudence of groundwater use has evolved.