Extraction of water through illegal borewells not less than sin: HC
Extraction of water through illegal borewells is nothing less than a sin, the Delhi High Court has observed while calling for imposition of “some kind of deterrence" on offenders.
The court expressed grave concern over Delhi’s declining water table and warned that the Capital might end up facing a similar situation as happened in South Africa’s Johannesburg a few years back when the city had no water.
“If this continues unchecked, do you want Delhi to become like Johannesburg, where there was no water for months?” remarked a Bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela while hearing a public interest petition filed by advocate Sunil Kumar Sharma, who alleged that multiple illegal submersible pumps had been installed at an under-construction building in the Roshanara area’s Goenka Road.
Highlighting the alarming situation, the Bench remarked, “It is nothing short of a sin how illegal borewells are steadily depleting groundwater levels. Some kind of deterrence must be put in place.”
The court came down heavily on civic authorities for their inaction and questioned how such borewells, especially for construction activities, were permitted in the first place.
The petition, supported by responses under the Right to Information Act, revealed contradictory data from government agencies: while the Municipal Corporation of Delhi (MCD) acknowledged six illegal borewells at the site, the Sub-Divisional Magistrate of Daryaganj confirmed only three, which had allegedly been sealed.
To address the discrepancies and assess the damage, The court ordered a joint survey of the property by high ranking officials of the MCD, DJB and SHO of the area. The Bench added that the team should conduct the survey within 10 days and file a report.
The Bench made it clear that the authorities must take decisive action if any illegal borewells are found to be currently operational. Moreover, the survey team has been instructed to include in its report the number of borewells previously in use and the duration of their operation.
Significantly, the court hinted at the possibility of imposing environmental compensation on the property owner if the findings confirm that unauthorised extraction of groundwater has caused ecological harm. “Based on the report, we will consider levying environmental penalties against the owners,” the bench stated, listing the matter for further hearing on July 30.
According to the petitioner, the construction project comprises nearly 100 residential units and the illegal borewells are not only posing a threat to the water availability but also contributing to environmental degradation. He said he has given representations to the authorities but no action has been taken.
Delhi