Disposed

Bharatiya Kisan Union Purwa through Its Sceretary v. Ground Water Directorate Uttar Pradesh

NGT13 Aug 2024Original Application No. 1058/2024

Case brief

AI extract

What is this about?

The applicant alleged illegal groundwater extraction by a project proponent during the Inner Ring Road construction without requisite No Objection Certificates. It was held that the District Magistrate was duly required to consider the complaint and take expeditious action.

What did the court decide?

The Original Application was disposed of, implying that the grievance had already been addressed by the District Magistrate under Section 43.

Bharatiya Kisan Union Purwa through Its Sceretary vs… — Writ and Judicial Review | NGT (2024)

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Item No. 01

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1058/2024

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Bharatiya Kisan Union (Purwa) through its Secretary Applicant

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Versus

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Ground Water Directorate, Uttar Pradesh & Ors. Respondent(s)

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Date of hearing: 13.08.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Aditya Singh, Adv.

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ORDER

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In this original application, the allegation of the applicant relates to the extraction of groundwater from bore wells in the ongoing construction of “Inner Ring Road” project in Prayagraj and the submission of counsel for the applicant is that the bore water being extracted by the Project Proponent without obtaining no objection certificate from the District Groundwater Management Council Prayagraj and in violation of the Uttar Pradesh Ground Water (Management and Regulation) Act, 2019. Learned counsel for the applicant during the arguments has referred to section 11 and 14 of the act and has submitted that the requisite permission from the competent authority has not been obtained. The allegation relates to the first phase of the ring road extending 29.8 kilometers from Sahson to Dandupur (Rewa road) which is being constructed by the Respondent No. 5 i.e. Project Proponent.

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During the course of argument, learned counsel for the applicant has referred to the complaint dated 12.07.2024 made to the District Magistrate, Prayagraj against illegal extraction of groundwater by the project proponent and has submitted that no action on that complaint has been taken.

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Section 43 of the Uttar Pradesh Ground Water (Management and Regulation) Act, 2019 provides for a grievance redressal mechanism and the District Magistrate of the concerned district is the District Ground Water Grievance Redressal Officer, who is required to consider the grievance raised by any person relating to management, conservation, abstraction and pollution of ground water. Against the decision of the District Ground Water Grievance Redressal Officer, there is also a remedy to submit grievance to State Ground Water Management and Regulation Authority.

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Section 43 of the Uttar Pradesh Ground Water (Management and Regulation) Act, 2019 reads as under:-

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“43. (1) The District Magistrate of each district of Uttar Pradesh shall act as District Ground Water Grievance Redressal Officer.

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(2) Any person may submit his or her grievance on issues related to management, conservation, abstraction and pollution of ground water to the District Ground Water Grievance Redressal Officer.

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(3) Any person aggrieved by the decision of the District Ground Water Grievance Redressal Officer may submit his or her grievance to State Ground Water Management and Regulation Authority.”

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Once the Section 43 of the Uttar Pradesh Ground Water (Management and Regulation) Act, 2019 cast a duty upon the District Magistrate to redress the grievance, the District Magistrate, Prayagraj is duly required to consider the grievance raised by the applicant in the complaint dated 12.07.2024, ascertain the correct position and take appropriate action in accordance with law expeditiously.

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OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM August 13, 2024 Original Application No. 1058/2024 AS.

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Bharatiya Kisan Union Purwa through Its Sceretary v. Ground Water Directorate Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Bharatiya Kisan Union Purwa through Its Sceretary v. Ground Water Directorate Uttar Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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