In a significant development, ahead of summer when illegal groundwater extraction and tanker supply reaches its peak, the Central ground water authority (CGWA) has directed all state pollution control boards to calculate environment compensation against those illegally extracting groundwater and are selling it for commercial gains.
The CGWA wants pollution boards to initiate such actions through the district collectors or magistrates. The directives came in last week. Directives have come in the country’s first ground water theft case registered in Mumbai in which the final justice is yet to be served.
Mumbai police have raised an initial environment compensation of Rs 38.39 crore against owners of Pandya Mansion in Bomanji Master Lane near Kalbadevi post office for illegal extraction and sale of groundwater allegedly since 1997. State water regulator (MWRRA) had already wanted the state government to notify collectors as responsible towards recovery of such compenstaion so that the regulator can direct collectors to take quick actions. CGWA’s stand now thus endorses the regulator’s view.
Replying to the complaints made by ground water activist Sureshkumar Dhoka over the Pandya Mansion case which he has dug out through RTIs, the CGWA has directed member secretaries of all state pollution control boards to ensure that their regional officers send proposals of environment compensation to concerned district collectors for recovery from offenders and ensure its remittance to the environment relief fund. It wants all pollution authorities to report such matters to it after executing recovery of fines.
“CGWA as per Environment Act has appointed district magistrate, collector, sub divisional magistrate of each revenue district/subdivision as authorised officers who have been delegated powers to seal illegal wells, disconnect electricity supply, launch prosecution and hold grievance redressed etc. Extraction of groundwater for commercial use without valued NOC from appropriate authority is illegal and such entities are liable to pay environment compensation (EC) for the quantum of water extracted,” the CGWA letter said asking for immediate action in the Bomanji master lane case.
In the Bomanji master lane case the police charge sheet has considered a period between 2006 and 2017 to calculate compensation of Rs 38.39 crore while the inspection of documents to calculate the same for an illegal extraction for a period between 1997 and 2005 is still underway.
As per MWRRA such offenders need to be prosecuted under section 55 of the Groundwater Act 2009 but no such action has been taken because the district authority for Mumbai and Mumbai suburban districts have not been notified. “The MWRRA as the ground water authority under the same Act has also requested the government to notify district authority for Mumbai and Mumbai suburban so that it can issue directions to district authority regarding the penal actions against offendors,” an MWRRA letter had indicated.
