Dismissed

Haider Ali v. the Director Ansal Town and Housing Society Tulaera

NGT16 May 2025Original Application No. 174/2024

Case brief

AI extract

What is this about?

The NGT Central Zone Bench examined a complaint regarding illegal groundwater extraction by Ansal Town and Housing Society. The court relied on a joint committee report and ECB guidelines, finding no violation as EC was not required due to the project size. The application regarding groundwater was disposed of after confirming the CGWA issued an NOC following payment of penalties.

What did the court decide?

Respondent had already complied with CGWA guidelines by paying compensation and obtaining an NOC; no violation found.

Haider Ali vs the Director Ansal Town and Housing Society… — Environment and Pollution | NGT (2025)

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Item No. 03

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No. 174/2024 (CZ)

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Haider Ali Applicant(s)

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Vs.

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Ansal Town and Housing Society, Tulaera & Ors. Respondent(s)

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Date of Hearing: 16.05.2025

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s) : Mr. Satyam Shekhar, Adv. For Respondent(s) : Mr. Prateek Jain, Adv. Mr. Ritesh Vishwakarma, Adv. Mr. Rachit Soni, Adv. (for Mr. Shoeb Hasan Khan, Adv.) Mr. Vaibhav Thakuria, Adv. Mr. Gigi George, Adv.

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ORDER

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Issue raised in this application is extraction of groundwater without permission from the Competent Authority and No Objection Certificate from the Central Ground Water Board/Authority by the Respondent No. 1.

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The District of Alwar comes under the ‘Notified Area’ of CGWA and as per Section 13 of the Gazette Notification dated 24.09.2020 District Magistrate/District Collector/Sub-Divisional Magistrates of each Revenue District/Sub-Division as authorized officers, had been delegated the power to seal illegal wells, disconnect electricity supply to the energized well, launch prosecution against offenders etc. including grievance redressal related to illegal extraction of groundwater through borewell/tubewell.

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O.A. No. 174/2024

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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The matter was taken up by this Tribunal and a committee was constituted with directions to submit the factual and action taken report. In compliance thereof the members of the committee visited the site and submitted the report as follows :

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“Observations : - Joint team visited M/s Ansal Town and Housing Society, Tulaera, Alwar on 19.09.2024 to verify the contents/ grounds raised by the applicant. During inspection, Sh. Ravi, Marketing was present as representatives of Ansal Town & Housing Project.

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During the site visit the joint committee; it is observed that 02 borewells were established and running within the Ansal Town and Housing Society.

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The unit has a 100 KLD sewage treatment plant for treating domestic waste water, during inspection the STP was found operational and the treated water was being used for gardening.

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Besides above, the details of action taken / correspondence made by CGWA in the matter are as follows –

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1. As per the records of the CGWA, Ansal Town Housing Society at Tuleda near Sardar Police Station, Alwar applied for groundwater NOC to CGWA on NOCAP vide Application No. 214/20003/RJ/INF/2024 named as Plotted Township Project Phase-1 Developed By Cross Bridge Developers Private Limited for Proposed Ground Water withdrawal of 261.00 m3/day under the residential plotted colony category on 20.09.2024 and application is under process.

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2. A Show Cause Notice via जीडब्ल्यूए / डब्ल्यूआर / काराणबताओनोटिस / 2024 - 266 /2024-266, dated 01.07.2024 was issued against the the Ansal Town Housing Society at Tuleda near Sardar

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O.A. No. 174/2024

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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Police Station, Alwar for extracting Ground Water without valid NOC. A reply / correspondence received from Ansal Town Housing Society on 08.07.2024 and 30.07.2024, that they have permission from District Collector, Alwar vide letter no. टिकास /11/(100)-3624 dated 09.12.2011 for abstracting ground water for drinking purpose.

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3. Provision of Compensation and Penalization : As per Ministry of Jal Shakti, CGWA guidelines via S.O. 3289 (E) dated 24.09.2020 and amendment notification dated 29.03.2023. That Extraction of ground water for commercial use by industries, infrastructure units and mining projects without a valid No Objection Certificate from appropriate authority shall be considered illegal and such entities shall be liable to pay Environmental Compensation for the quantum of ground water so extracted and suitable penalties applicable for noncompliance of CGWA guidelines.

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4. That as per Section 13.0 of Notified MoJS guidelines issued on 24.09.2020 vide (S.O.3289(E), Central Ground Water Authority has appointed the District Magistrate/District Collector/Sub Divisional Magistrates of each Revenue District/Sub Division as authorized officers, who have been delegated the power to seal illegal wells, disconnect electricity supply to the energized well, launch prosecution against offenders etc. including grievance redressed platform related to ground water in their respective jurisdictions

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Action Taken/ Proposed by Joint Committee: -

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1. As the Ansal Town and Housing Society project falls in the category of residential township project and withdrawing ground water without NOC of CGWA, therefore the Central Ground Water Authority, Jaipur in coordination with district administration, Alwar may initiate action for sealing illegal wells, launch prosecution against offenders in accordance with law and impose the environmental compensation on all three site of M/s. Ansal Town and Housing Society after assessing

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O.A. No. 174/2024

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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the exact quantity of ground water consumption per day etc.”

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The Ministry of Jal Shakti, Central Ground Water Authority vide notification dated 24.09.2020 issued notification to regulate the extraction of the ground water by way of issuing of No Objection Certificate for ground water extraction to industries or infrastructure projects or mining projects and framed guidelines, where ground water development is not being regulated by the State Authorities. The regulation provides exemption, registration and installation of Sewage Treatment Plant etc. which is extracted below :

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“1.1 Registration of Drilling Rigs

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State / Ut Governments shall be responsible for registering drilling rigs operating within their jurisdiction and for maintaining the database of wells drilled by them. Appropriate link shall be provided in CGWA portal for making the data available to CGWA.

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2.0 Drinking & Domestic use for Residential apartments/ Group Housing Societies/ Government water supply agencies in urban areas

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For grant of No Objection Certificate for ground water extraction, the project proponent has to furnish the details as per the guidelines issued by the CGWA in proper format as available in CGWA website. No Objection Certificate for new /existing wells shall be granted only in such cases where the local Government water supply agency is unable to supply requisite amount of water in the area.

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No Objection Certificate shall be granted subject to the following specific conditions:

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i) Installation of Sewage Treatment Plants shall be mandatory for all residential apartments/ Group

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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Housing Societies where ground water requirement is more than 20 m3 /day. The water from Sewage Treatment Plants shall be utilized for toilet flushing, car washing, gardening etc.

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ii) The No Objection Certificate shall be valid for a period of five years from the date of issue or till such time local Government water supply is provided to the project area, whichever is earlier. In case the project proponent receives water supply from the concerned local Government Water Supply Agency during the validity of the No Objection Certificate, intimation regarding availability of public water supply shall be sent by the project proponent to CGWA and No Objection Certificate will be cancelled by the Authority. In other cases, the project proponent will apply for renewal of No Objection Certificate, ninety days before the expiry of No Objection Certificate.

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iii) Proponents shall be liable to pay ground water abstraction charges for the quantum of ground water proposed to be extracted, as per rates mentioned in Table 5.1. List it on 23rd December, 2024.

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4.0 Commercial Use

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No new major industries shall be granted No Objection Certificate in over-exploited assessment areas except as per the policy guidelines. Availability of ground water resources shall be given due regard while considering applications for grant of No Objection Certificate for commercial use. Commercial entities extracting ground water shall be required to submit online annual water audit report including an audit of water use as mentioned in the relevant sections. CGWA/ State Ground Water Authority (SGWA) shall publish all such audit reports online. CGWA/ SGWAs shall engage independent agencies to

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O.A. No. 174/2024

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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verify the compliance of No Objection Certificate conditions periodically.

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1.1 Industrial Use

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In Over-exploited assessment units, No Objection Certificate shall not be granted for ground water abstraction to any new industry except those falling in the category of Micro, Small and Medium Enterprises (MSME). However, No Objection Certificate for drinking/ domestic use for work force, green belt use by these new industries shall be permitted. Expansion of existing industries involving increase in quantum of ground water abstraction in over-exploited assessment units shall not be permitted. No Objection Certificate shall not be granted to new packaged water industries in Overexploited areas, even if they belong to MSME category.

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No Objection Certificate for ground water extraction by industries shall be granted subject to the following specific conditions:

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i) No Objection Certificate shall be granted only in such cases where local government water supply agencies are not able to supply the desired quantity of water.

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ii) All industries shall be required to adopt latest water efficient technologies so as to reduce dependence on ground water resources.

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iii) All industries abstracting ground water in excess of 100 m 3 /d shall be required to undertake annual water audit through Confederation of Indian Industries (CII)/ Federation Indian Chamber of Commerce and Industry (FICCI)/ National

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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Productivity Council (NPC) certified auditors and submit audit reports within three months of completion of the same to CGWA. All such industries shall be required to reduce their ground water use by at least 20% over the next three years through appropriate means.

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iv) Construction of observation well(s) (piezometer)(s) within the premises and installation of appropriate water level monitoring mechanism as mentioned in Section 15 shall be mandatory for industries drawing/ proposing to draw more than 10 m3 /day of ground water and. Monitoring of water level shall be done by the project proponent. The piezometer (observation well) shall be constructed at a minimum distance of 15 m from the bore well/production well. Depth and aquifer zone tapped in the piezometer shall be the same as that of the pumping well/ wells. Detailed guidelines for design and construction of piezometers are given in Annexure II. Monthly water level data shall be submitted to the CGWA through the web portal.

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v) The proponent shall be required to adopt roof top rain water harvesting/ recharge in the project premises. Industries which are likely to pollute ground water (chemical, pharmaceutical, dyes, pigments, paints, textiles, tannery, pesticides/ insecticides, fertilizers, slaughter house, explosives etc.) shall store the harvested rain water in surface storage tanks for use in the industry.

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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vi) Injection of treated/ untreated waste water into aquifer system is strictly prohibited.

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vii) Industries which are likely to cause ground water pollution e.g. Tanning, Slaughter Houses, Dye, Chemical/ Petrochemical, Coal washeries, other hazardous units etc. (as per CPCB list) need to undertake necessary well head protection measures to ensure prevention of ground water pollution.

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viii) All industries drawing ground water in safe, semi-critical and critical assessment units shall be required to pay ground water abstraction charges as applicable as per Tables 5.2 A and 5.3 A.

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ix) All existing industries drawing ground water in over-exploited assessment units shall be liable to pay ground water restoration charges as applicable as per Tables 5.2 B and 5.3 B.

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Documents to be submitted with the application

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(a) An affidavit on non judicial stamp paper of Rs. 10/- regarding non availability of water supply from local government agencies in cases where ground water requirement is up to 10 m3 /day.

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(b) Certificate regarding non/ partial availability of fresh water/ treated waste water supply from the local government water supply agency in cases where requirement of ground water is more than 10 m 3 /day.

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(c) Ground water quality data of existing bore well/ tube well/ dug well from any NABL accredited laboratory or Govt. approved laboratory (in case of existing projects applying for No Objection Certificate)

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(d) Water quality data of bore well/ tube well/ dug well in respect of existing industries from NABL accredited laboratories/Government approved laboratories.

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(e) Proposal for rain water harvesting/ recharge within the premises as per Model Building Bye Laws issued by Ministry of Housing & Urban Affairs.

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(f) Impact Assessment report: All projects extracting/proposing to extract ground water in excess of 100 m3 /day in Overexploited, Critical and Semi-critical areas shall have to mandatorily submit impact assessment report of existing/ proposed ground water withdrawal on the ground water regime and also socio-economic impacts report prepared by accredited consultants.

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10.0 Monitoring of compliance of No

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Objection Certificate Conditions

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To monitor the compliance of No Objection Certificate conditions, Central Ground Water Authority and State/ UT Ground Water Authorities shall take the following steps:

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a. Suitable MIS will be developed for

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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O.A. No. 174/2024

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compliance monitoring.

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b. District Collectors/Deputy Commissioners (DCs) /District Magistrates (DMs) are authorized to take enforcement measures like sealing of unauthorized ground water abstraction structures, disconnection of electricity, launching of prosecution against those violating the No Objection Certificate conditions and taking action for imposition of Environmental Compensation.

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c. Technical officers of CGWB/ CGWA and State groundwater organizations are authorized to take actions with respect to monitoring and periodic inspections with the approval of competent authority.

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d. In case of violation of any of the No Objection Certificate conditions, the proponents shall be liable to pay the penalties as per Section 16.

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11.0 Renewal of No Objection Certificate

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No objection certificate shall be renewed periodically, subject to the compliance of the conditions mentioned therein:

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i. The applicant shall apply for renewal of No Objection Certificate at least ninety days prior to expiry of its validity.

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

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ii. Application for renewal of No Objection Certificate shall be accompanied by the Compliance Report.

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iii. Before granting renewal, Central Ground Water Authority or State/ Ut Authority shall satisfy itself that the conditions of No Objection Certificate have been complied with.

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iv. In case of change in category of the assessment unit, renewals would be granted with conditions as laid down for new category.

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v. No Objection Certificate will be renewed for the terms specified for various uses as follows:

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*Category*	*Use*	*Term of* *renewal*
Critical, Semi- critical and safe	Infrastructure projects for drinking & domestic use and urban Water Supply Agencies	5 years
	Industries	3 years
	Mines	2 years
Over exploited	All users in ‘Over-exploited _areas’ _	2 years

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vi. If the application for renewal is submitted in time and the CGWA/ the respective State/ Ut Authority is unable to process the application in time, No Objection Certificate shall be deemed to be extended till the date of renewal of No Objection Certificate.

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vii. If the proponent fails to apply for renewal within 3 months from the date

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of expiry of No Objection Certificate, the proponent shall be liable to pay Environmental Compensation for the period starting from the date of expiry of No Objection Certificate till No Objection Certificate is renewed by the competent authority.

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12.0 Extension of No Objection Certificate

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If the proponent is unable to construct the well(s) during the validity period of No Objection Certificate for genuine reasons, the proponent will have to apply for extension of No Objection Certificate. Application for extension should be supported by documents justifying the reasons for delay. Other conditions for grant of extension of No Objection Certificate will be the same as that for fresh No Objection Certificate.

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Extension of No Objection Certificate will be granted for a maximum period of two years. No further extension will be granted after the expiry of the extended period. In that case, the applicant will have to apply afresh for grant of No Objection Certificate

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13.0 Delegation of powers against illegal

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groundwater withdrawal

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Central Ground Water Authority has appointed the District Magistrate/ District Collector/ Sub Divisional Magistrates of each Revenue District/Sub division as Authorized Officers, who have been delegated the power to seal illegal wells, disconnect electricity supply to

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the energised well, launch prosecution against offenders etc. including grievance redressal related to ground water in their respective jurisdictions.

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In order to further decentralise and strengthen the monitoring and compliance mechanism as per the guidelines, officials of concerned Departments of Revenue and Industries of the States/Uts shall be appointed as Authorised Officers in consultation with the State/Ut Governments.

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A copy of the No Objection Certificate issued by the CGWA in the No Objection Certificate Application Portal (NOCAP) will be forwarded to the respective District Magistrate/ District Collector. In case of any violation of the directions of Central Ground Water Authority and non-fulfilment of the conditions laid down in the No Objection Certificate, the Authorised Officers will file appropriate Petition/Original Application etc under sections 15 to 21 of the Environment (Protection) Act, 1986 in appropriate Courts.

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15.0 Environmental Compensation

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Extraction of ground water for commercial use by industries, infrastructure units and mining projects without a valid No Objection Certificate from appropriate authority shall be considered illegal and such entities shall be liable to pay Environmental Compensation for the quantum of ground water so extracted. The norms prescribed by Central Pollution Control Board (CPCB) shall be utilized for calculating the Environmental compensation as mentioned

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below:

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ECGW = Ground water consumption per day x Environmental Compensation rate (ECRGW) x No. of days x Deterrence factor

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where ground water consumption is in m3/day and ECRGW in Rs./ cum

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15.1 Rates of Environmental Compensation: Rates of Environmental Compensation (ECRGW) for various types of users in different categories of assessment units are given in Table 15.1 to 15.3.

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Table 15.1 : ECRGW for Packaged Drinking

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Water units

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S.	Area Category	Water C	onsumption (cum	/day)
No.		<200	200 to <1000	1000 to<5000	5000 & above
		Environ in Rs./m	mental Compens 3	ation Rate (E	CRGW)
1	Safe	12	18	24	30
2	Semicritical	24	36	48	60
3	Critical	36	48	66	90
4	_Over-exploited _	48	72	96	120
_Note _	_:-Minimum ECGW _	shall no	_t be less than Rs _	_1,00,000/- _

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Table 16.1: Penalty provision for non

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Compliance of No Objection Certificate

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conditions

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S.	*Items*	*Charges in Rs.*
*No.*
1	Non installation/faulty Digital water Flow	200000
	meter with telemetry system.
2	Non disclosure/ construction of additional
	groundwater abstraction structures
	a) Non-functional Structures.	200000
	b) Defunct/Abandoned	100000
	Note: Given rates are for unit non-
	functional/defunct/abandoned structures.

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	This shall be multiplied with total such
	structures to arrive at consolidated penalty.
3	Reporting of fresh water zones as Brackish / Saline zones in application.	200000
4	Non Installation of Piezometer	. 200000
5	Non Installation/faulty DWLR/Telemetry system	100000
6	Non Construction/Inadequate capacity of Recharge / Water conservation structures.	500000
7	Non maintenance of Recharge structures.	200000
8	Injection of treated/untreated water into the aquifer system. Note: In addition to penalty, the proponent shall bear the cost of aquifer remediation as per the provisions of Environment (Protection) Act, 1986.	1000000
9	Non Submission of Water level/Water quality Data.	50000
10	Non-maintenance of log book of daily withdrawal/non submission of Groundwater abstraction data.	50000
11	Non submission of photograph of recharge structure(s).	50000
12	Non Submission of Self Compliance report.	100000
13	Construction of groundwater abstraction structures by un authorized/unregistered Drilling Rigs (per structures).	100000
14	Non registration of water supply tankers.	500000
15	Submission of false information/ undertaking.	100000

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Charges shall also be payable for correction/modification in the existing issued No Objection Certificate letter. The details of such charges are given in Table 16.2.

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Table 16.2: Proposed Charges for

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correction/Modification in the existing issued

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No Objection Certificate

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S. No.	Items	Charges in Rs.
1	Change in recharge quantum	10000
2	Change in User ID.	5000
3	Change infirm Name	5000
4	Extension of No Objection Certificate	5000
5	Issuance of duplicate No Objection Certificate	5000
6	Issuance of corrigendum to No Objection Certificate	5000
7	Any other items/corrections etc.	5000”

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Learned counsel for the applicant has filed the rejoinder affidavit with the copy of the joint committee report.

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We have examined the joint committee report and reply submitted by the applicant. The Joint committee has highlighted certain issues with regard to extraction of ground water and the requirement of EC and further report was called from the State PCB in tabular form with regard to built up area and necessity of EC, in light of the EIA notification and NOC issued from the CGWA for extraction of ground water. In compliance of the order State PCB has filed the action taken report and details of the area as follows :-

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*Sr.*	*Information*	*Details*
*No.*
_1. _	Total build up area of	As per the project details
	the project	submitted by the project
	separately with total	proponent through E-mail on
	area	13/02/2025: - Total built-up
		area (common facilities):
		4,574.42 sq. m - Totaltownship
		area: 17.38 Hectare (UIT Alwar
		letter dated 16/10/2008.

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_2. _	Year of starting of the project	2018 (A copy of the first possession and handover of the vacant plot dated 23.10.2018 is enclosed as Annexure-III)
_3. _	Year of the completion of the project	2024 (Copy of Completion certificate for the development work dated 09.12.2024, is enclosed as Annexure-IV)
_4. _	Consent conditions	The State Pollution Control Board has granted the consent to operate to the project vide order dated 01/05/2014 with stipulated conditions (Copy of the consent to establish is enclosed and marked as Annexure-V)
		Project proponent revised the project and obtained consent to establish on 17/12/2024 (Copy of the Consent to Establish is enclosed and marked as Annexure- VI)
		Project proponent has applied
		for consent to operate on 06/01/2025, which is under consideration with state board. (Copy of the Consent to Operate application is enclosed and marked as Annexure- VII)
_5. _	Requirement of EC and as whether EC has been obtained from the competent authority	The project is a plotted residential township with a total plot area of 17.38 ha and a built-up area of 4,574.42 sq. m. As per the EIA Notification

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	2006, an Environmental Clearance (EC) is required under Category 8(b) for projects with a plot area ≥ 50 ha and/or a built- up area ≥ 150,000 sq. m. Since this project does not exceed
	these thresholds, it does not fall
	under the purview of EC
	requirements.
6. NOC from the CGWA	No Objection Certificate (NOC) of
	CGWA is valid. (Copy of the No
	Objection Certificate of CGWA is
	enclosed and marked as
	Annexure- VIII)

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Project proponent has argued that previously Project proponent obtained NOC issued by the Collector vide order dated 09.12.2011 and thereafter consent to establish from the State PCB.

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It is further argued that since the total built up area and total area of the subject township does not exceed the threshold set up under the Environmental (Protection) Act, 1986, therefore, EC is not required as already noted by the joint committee. Respondent no. 1- Project proponent thereafter, moved an application online before the CGWA and CGWA has issued NOC vide order dated 17.02.2025.

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It is further argued that environmental compensation/penalty has been imposed by the CGWA which has been paid by the Project proponent.

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Learned counsel for the CGWA has argued that the application moved by the Project proponent was duly considered according to rules and for noncompliance of the conditions, penalty in light of the existing guidelines of Rs. Two lakhs in addition to ground water restoration charges to the tune of Rs. 951606/- was imposed which has been paid by the Project proponent and thereafter NOC has been issued.

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In view of the above submission and records, at present the NOC has been issued by the CGWA after assessment of environmental compensation which has been paid and since the built-up area is less than required area for necessity of EC conditions, thus, as per report EC is not required.

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In view of the above fact no violation has been found to prove against the respondent. However, we direct the State PCB to periodically monitor the compliances of the condition of CTE and in-case of any violations to take necessary action according to rules.

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With these observations, Original Application No. 174/2024 stands disposed of.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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16^th May, 2025 O.A. No. 174/2024(CZ) PN

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Haider Ali Vs Ansal Town and Housing Society, Tulaera & Ors.

Haider Ali v. the Director Ansal Town and Housing Society Tulaera

Case brief

What is this about?

What did the court decide?

Haider Ali v. the Director Ansal Town and Housing Society Tulaera

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

Case details

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