No general permission for groundwater withdrawal without environment impact assessment: NGT

NEW DELHI: A National Green Tribunal (NGT) bench, headed by Justice Adarsh Kumar Goel, Chairperson, NGT, recommended that there must be no general permission for withdrawal of groundwater, particularly to any commercial entity, without an environment impact assessment of said activity. In addition to this, it should be done on individual assessment units in cumulative terms covering carrying capacity aspects by an expert committee. The order came on a plea seeking direction to check depleting groundwater level in the country. The bench listed the matter for February 11, 2021.

The tribunal also expressed its disappointment with the Central Ground Water Board’s (CGWB) submission that restriction on groundwater extraction is likely to adversely affect industrial production, job opportunities and GDP of some states in overexploited, and critical and semi-critical (OCS) areas.

The NGT bench said that any authorization should not be on a permanent basis but for specified time periods and for a specified quantity of water. Such permission should be in compliance with the Water Management Plans to be prepared, based on mapping of individual assessment units. It should necessarily be subject to digital flow meters that cannot be accessed by proponents, with mandatory annual calibration by an authorized agency at the proponents’ cost. 

The Tribunal ordered water mapping of all OCS assessment units and preparation of Water Management Plans on the basis of mapping data for all OCS assessment units.

The bench, also comprising Justice S.P. Wangdi and expert members Dr. Satyawan Singh Garbyal and Dr. Nagin Nanda, further stated that an annual review by independent and expert assessment must audit and record levels of groundwater as well as compliance with the conditions of authorization. 

The NGT said these audits must be accessible online for transparency and to monitor compliance and year-on-year change in ground water levels. It added that there will be speedy action against those who fail the audit, including withdrawal of permission, blacklisting, initiation of prosecution and recovery of deterrent compensation.

The Ministry of Jal Shakti and the Central Ground Water Authority (CGWA) are required to follow the Tribunal’s directions to develop effective regulatory regimes and institutional frameworks in OCS areas to prevent depletion and illegal ground water extraction and sustained ground water management.

It is important to take into consideration the water availability and safety levels to which its withdrawal can be allowed, especially for commercial purposes, based on available and assessed data in each assessment unit, the Tribunal said.