Disposed

News Item Titled "Gurgaon a Groundwater ,Dark Zone, But Extraction Over 2 Times the Limit" Appearing in Times of India Dated 05.08.2025 vs

NGT10 Feb 2026Original Application No. 420/2025

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of a suo motu application highlighting illegal groundwater extraction in Gurgaon. The court directed respondent authorities to inspect sites, ensure STP water usage, seal illegal borewells, fix piezometers, and submit an action report within six months.

What did the court decide?

Directing respondent authorities to inspect sites, ensure STP water usage, seal illegal borewells, impose environmental compensation, and file an action report within six months.

News Item Titled "Gurgaon a Groundwater ,Dark Zone, But… — Environment and Pollution | NGT (2026)

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Item No. 36

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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. 420/2025

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News Item Titled "Gurgaon A Groundwater, Dark Zone, But Extraction Over 2 Times the Limit" appearing in Times of India dated 05.08.2025

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Versus

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Haryana Water Resources & Ors.

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Respondent(s)

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Date of hearing: 10.02.2026

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

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Respondents: Mr. Rahul Khurana, Adv. for R - 1, 3 & 4 Mr. Gigi. C. George, Adv. for CGWB

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ORDER

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This original application has been registered suo-motu on the basis of the news item titled “Gurgaon a groundwater ‘dark zone’, but extraction over 2 times the limit” appearing in Times of India dated 05.08.2025.

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The news item had highlighted the issue of depleting groundwater level in Gurgaon which is classified as "dark zone" by the Central Ground Water Authority (CGWA) in 2008. The article reveals uncontrolled and unregulated illegal extraction of groundwater in Gurgaon. It also refers to the RTI reply given by Haryana Irrigation and Water Resources Department revealing that between November 2022 and June 2025, 60 entities including builders, industries, educational institutions, pharmacy firms, residential societies and public institutions were found to be illegally extracting groundwater. It further reveals that though some borewells were sealed and fines were imposed, but there was weak enforcement mechanism lacking coordination between the agencies. It refers to the National Compilation on Dynamic Groundwater Resources of India

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according to which the city in 2024 had drawn approximately 212% of its permissible groundwater limit which is more than double the amount, it was permitted to use. This report ranked Gurgaon 3^rd amongst all Haryana Districts for over-extraction. It also revealed that Gurgaon extracts three times more groundwater than what is recharged every year.

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The Tribunal by the order dated 20.08.2025, while taking up the matter in suo motu exercise of powers, had impleaded the concerned respondents and had issued notices to them.

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The Respondent No. 1 – Hayana Water Resources Authority (HWRA) in its reply dated 06.02.2026 has stated the steps which have been taken for preventing the over-exploitation of the groundwater. The disclosure so made in the report is as under:

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“xxx……………………………………xxx…………………………………..xxx 5. That in view of the concern relating to the rapid depletion of groundwater in District Gurugram and the limited availability of surface water resources, the Haryana Water Resources Authority has implemented the Integrated Water Resources Action Plan (2023-25) in the State with effect from 01.04.2025, with the objective of conservation and judicious utilization of water resources.

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6. That the said Action Plan is being implemented through the District Water Resources Planning Committee, constituted for each district and chaired by the Deputy Commissioner, with officers of the concerned departments as members.

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7. That the Haryana Water Resources Authority has released funds for water conservation projects implemented by the Education Department and the Irrigation and Water Resources Department, as per the details enumerated hereunder:

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(i) For the financial year 2022-23, an amount of ₹4,30,02,500/(Rupees Four Crore Thirty Lakh Two Thousand Five Hundred only) was released to the Education Department for the construction of 167 roof rainwater harvesting structures in Government schools.

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(ii) For the financial year 2023-24, an amount of ₹60,12,96,061/-(Rupees Sixty Crore Twelve Lakh Ninety-Six Thousand Sixty- One only) was released to the Irrigation and Water Resources Department for 20 schemes/projects relating to groundwater recharge and water conservation activities.

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(iii) For the financial year 2024-25, an amount of ₹38,35,35,122/-(Rupees Thirty-Eight Crore Thirty-Five Lakh Thirty-Five Thousand One Hundred Twenty-Two only) was released to the Irrigation and Water Resources Department for 09 schemes/projects pertaining to groundwater recharge and conservation activities.

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(iv) For the financial year 2025-26, an amount of ₹52,05,96,000/-(Rupees Fifty-Two Crore Five Lakh NinetySix Thousand only) has been released to the Irrigation and Water Resources Department for 19 schemes/projects relating to groundwater recharge and water conservation activities.

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8. That the total amount released by the Haryana Water Resources Authority for the aforesaid water conservation projects comes to ₹1,54,84,29,683/- (Rupees One Hundred Fifty-Four Crore EightyFour Lakh Twenty-Nine Thousand Six Hundred Eighty-Three only).

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9. That it is further submitted that, for the financial year 2025-26, an amount of ₹94.17 crore has been earmarked for 21 water conservation projects of the Department of Irrigation and Water Resources, out of which ₹52.05 crore has already been released for 19 water conservation schemes.

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10. That pursuant to the implementation of the aforesaid Action Plan during the period 2023-25, a total water saving of 15,370 hectare-metres (ha-m) has been reported by the concerned departments of District Gurugram to the Haryana Water Resources Authority. The said water saving has been achieved through various interventions, inter alia, micro-irrigation, crop diversification, conservation tillage, varietal interventions, green manuring, and modernization of channels and watercourses.

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11. That it is further submitted that, under the ongoing Integrated Water Resources Action Plan (2025-27), District Gurugram has reported additional water saving of 3,081 hectare-metres (ha-m) for the period commencing from 01.04.2025 up to 04.02.2026, achieved through similar water conservation and management interventions.”

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The Respondent No. 2 – CGWA has filed the reply affidavit dated 07.11.2025 taking the stand that the enforcement responsibility lies with the State and the CGWB provides only the technical guidance.

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The Respondent No. 3 – HSPCB in its reply affidavit dated 09.02.2026 has taken the stand that it does not have primary statutory authority to grant or regulate ground water extraction and permits/NOCs are issued under the Hayana Water Resources Authority framework that

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function is vested in HWRA by Haryana Water Resources (Conservation, Regulation and Management) Authority, 2020.

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The Respondent No. 4 in its reply affidavit dated 07.11.2025 has taken the following stand:

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“xxx……………………………………xxx…………………………………..xxx

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3. That keeping in view of the gravity of the subject matter and the spirit of the order of this Hon'ble Tribunal, meetings were convened on 01.10.2025, 08.10.2025, 29.10.2025, 31.10.2025 and 04.11.2025 under the chairmanship of the undersigned & Deputy Commissioner, Gurugram with all the concerned departments. During the meetings, all concerned departments, namely, Respondent No. 1 and Respondent No. 3, Municipal Corporation Gurugram (MCG); Gurugram Metropolitan Development Authority (GMDA); District Town Planner (Planning/ Enforcement), Gurugram; and Irrigation & Water Resources Department, Gurugram were directed to coordinate and work towards implementation of this Hon'ble Tribunal orders and to prepare and submit a detailed Action Plan on the following terms:

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i. Current status and actions taken against illegal groundwater extraction;

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ii. Preventive measures and timelines for enforcement; iii. Steps to ensure compliance with the Environment (Protection) Act, 1986; Water (Prevention & Control of Pollution) Act, 1974; and Haryana Groundwater Management & Regulation Act, 2020; and

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iv. Proposals for groundwater recharge within District Gurugram.

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In addition to the above, all concerned departments were also directed categorically in the meeting dated 04.11.2025 to submit the Action Plan within three days to the Regional Officer, Haryana State Pollution Control Board, Gurugram for compilation and further, for submission to this Hon'ble Tribunal before the next date of hearing.

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The Minutes of the Meeting are attached herewith as Annexure R-4/1, and the Directions issued to all concerned departments are attached as Annexure R-4/2.

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4. It is also worthwhile to mention here that Government of Haryana, Irrigation & Water Resources Department order dated 06.12.2021, appointed officers from the Departments of Irrigation & Water Resources, Town & Country

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Planning, and Haryana State Pollution control Board as Enquiry, Enforcement, and Compliance Officers under Sections 19 and 20 of the Haryana Water Resources (Conservation, Regulation & Management) Authority Act, 2020. These officers are authorized to conduct field inspections, summon individuals and request records, enter premises for verification, and submit reports or interim reports to the Haryana Water Resources Authority. Consequently, the

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Department of Town & Country Planning, Respondent No. 3 and the Irrigation & Water Resources Department carry out inspections, with their reports forwarded to Respondent No. 1 for penal actions, such as sealing illegal borewells and imposing environmental compensation.

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Further, these inspection reports are compiled and submitted regularly to the Deputy Commissioner, Gurugram, for onward transmission to the Haryana Water Resources Authority, Panchkula. The ongoing inspections ensure that all industries and establishments operating within Gurugram District adhere to prescribed norms for groundwater extraction and obtain due permission from HWRA to promote sustainable and judicious use of groundwater resources. Copy of order dated 06.12.2021 is attached as Annexure R-4/3.

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5. That keeping in view of the submission made in the preceding Para, it is appropriate to submit here that the principle authority for taking enforcement and penal action against unauthorized groundwater extraction lies with Respondent No. 1, i.e., the Haryana Water Resources Authority on the report of Deputy Commissioner, Gurugram and in view of this fact the concerned authority has already been suggested to submit a comprehensive Action Taken Report to this Hon'ble Tribunal. ”

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None of the above replies reflect the effective action by the authorities at the ground level to check the unauthorised drawal of groundwater by the different entities and project proponents. The news item had clearly mentioned about the unauthorised and illegal extraction of the groundwater by the entities like builders, industries, educational institutions, pharmacy firms, residential societies, etc. Therefore, the respondent authorities are required to take effective action at the ground level to check and prevent illegal extraction of groundwater by each category of such entities.

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Regulatory mechanism is required to be implemented effectively at the ground level. To minimise the use of groundwater, the authorities should encourage the use of STP treated water wherever it is possible. Hence, we dispose of the OA directing the respondent authorities to take following action:

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(i) The Respondent Authorities will inspect each of the construction site in Gurgaon and ascertain the quantity and source of water used therein having due regard to the area and nature of construction and will ensure that these project proponents use the STP treated water. It will be the responsibility of the concerned authorities to ensure providing treated STP water to such construction projects free of cost.

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(ii) There are large number of farm houses in and around Gurgaon. Hence, Respondent Authorities will carry out inspection of these farm houses and ascertain the source of water used for the horticulture purposes such as maintaining the garden and watering the trees and ensure that these farm houses utilise the STP treated water for such purposes. Similar exercise will be done by the respondents in respect of the industries, educational institutions, pharmacy firms, public institutions existing in Gurgaon. The respondents will also ensure that all the residential colonies, farm houses and institutional areas have effectively operating rain water harvesting system.

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(iii) Use of STP treated water instead of extracting the groundwater be ensured and encouraged in the activities such as car washing and servicing and other activities (including dust mitigation measures) where the water is used without human contact and consumption.

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(iv) The Respondent No. 1 will carry out the inspection of all the construction sites/farm houses and find out the illegally operating borewells and take action for sealing those borewells and inform the same to the Respondent No. 3 – HSPCB so that the environmental compensation can be imposed by the

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Respondent No. 3 for past illegal drawal of ground water by them. Wherever illegal borewells are operating, apart from sealing, environmental compensation shall also be imposed by the PCB.

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(v) Wherever groundwater is legally used, the authorities will ensure that piezometers are fixed in order to ascertain the quantity of groundwater used and accordingly charged.

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(vi) Let this exercise be completed and action taken report be filed by each of the respondents separately within six months to the Registrar General of the Tribunal via email at judicial- [email protected], preferably in the form of a searchable PDF/OCRsupported PDF and not in the form of an Image PDF. If deemed necessary, the matter will be listed for consideration before the bench again.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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February 10, 2026 Original Application No. 420/2025 dv

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News Item Titled "Gurgaon a Groundwater ,Dark Zone, But Extraction Over 2 Times the Limit" Appearing in Times of India Dated 05.08.2025 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Gurgaon a Groundwater ,Dark Zone, But Extraction Over 2 Times the Limit" Appearing in Times of India Dated 05.08.2025 vs

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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