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New Delhi: The National Green Tribunal Officials have been directed to seal all illegal commercial borewell in noida, The tribunal has also directed the builders or project proponents to pay interim compensation – at least 0.5% of their project cost.
The green tribunal was hearing a petition regarding illegal extraction of groundwater by 40 builders. Noida,
The plea alleged that the authorities concerned have failed to stop illegal commercial extraction of groundwater, resulting in its depletion.
A bench headed by Chairman AK Goel said that uncontrolled exploitation of groundwater is harmful to the environment and is in violation of the Supreme Court’s directions.
The bench, also comprising Justice Sudhir Agarwal and expert member A Senthil Vel, said regulation on groundwater extraction was necessary for conservation and to ensure adequate replenishment.
The bench noted that as per the report of a joint committee of Central Pollution Control Board (CPCB), Uttar Pradesh State Pollution Control Board (UPPCB) and Noida Magistrate, field verification of 33 builders revealed that 25 had installed borewells without permission. Had done
“Further, it has not been shown (in the report) whether the extent of extraction of ground water is within the permissible limit…and whether the condition for replenishment has been complied with,” the bench said.
Noting that despite notice being served, only one builder had appeared before the tribunal, the bench said that an adverse inference had to be drawn against the remaining builders.
However, builders will be provided an opportunity to show permission with the extent of extraction and replenishment, the bench said.
“We issue directions for sealing of all illegally operating borewells and recovery of compensation for illegal extraction of groundwater,” the green tribunal said.
“The interim or floor-level compensation may be as low as 0.5% of the project cost to the project proponents…” it said.
The tribunal said the builders will have to deposit the compensation within a month, failing which the district magistrate concerned is free to take coercive steps.
The final compensation is to be assessed by a joint committee consisting of Regional Director of Central Ground Water Board (Northern Region) or his representative, representative of UPPCB and District Magistrate.
“The Joint Committee may continue with the work of inspection of the remaining projects and take action as in the present case and cover the action taken in the next report,” the tribunal said.
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