₹76 crore penalty for ground water extraction misuse, second notice issued

A joint committee appointed by the National Green Tribunal (NGT) in January 2023, filed a report which identified 41 developers who had extracted groundwater without permission

The Uttar Pradesh Pollution Control Board (UPPCB) on Monday said that it has issued a second notice regarding imposing a penalty of ₹76 crore on 41 realtors for illegally extracting groundwater for construction and other purposes in the city, officials said.

According to officials, as per the NGT’s directive, every developer is required to pay 0.5 percent of the total project cost as a penalty if they extract groundwater without the necessary permission. (Representative Image)

The move comes after an application filed by petitioners Prasoon Pant and Pradeep Kumar, who claimed that developers were illegally extracting groundwater while the authorities failed to address the issue. Both are the residents of Sunpura village of Greater Noida and are actively involved in raising voice against the misuse of groundwater by the realtors in the city.

“The UPPCB, Groundwater authority, Greater Noida authority, and other agencies must rigorously enforce the NGT’s order and committee’s directions to prevent realtors from exploiting the depleting groundwater in the region,” said petitioner Pradip Dahalia.

A joint committee appointed by the National Green Tribunal (NGT) in January 2023, filed a report which identified 41 developers who had extracted groundwater without permission.

“We issued the first notice in March, requesting developers to pay ₹76 crore, and this week we have issued a second notice, instructing them to pay the penalty according to the prescribed procedure. Failure to comply will result in actions being taken as directed by the NGT. The NGT will revisit this case in July 2023. We are implementing strict measures to enforce the NGT’s order,” said Radhe Shyam, the regional officer of UPPCB in Greater Noida.

Out of the 41 developers, the committee found that three had obtained permission for borewell usage and groundwater extraction for their projects, officials said.

“For the remaining developers, the UPPCB sealed the borewells being used for construction or other purposes. However, borewells in many residential complexes, where residents relied on groundwater for daily consumption, could not be sealed. Nonetheless, all developers are liable to pay the penalty,” said Shyam.

According to officials, as per the NGT’s directive, every developer is required to pay 0.5 percent of the total project cost as a penalty if they extract groundwater without the necessary permission.

In July 2022, the NGT instructed a joint team comprising the Central Pollution Control Board, UPPCB, and the Gautam Budh Nagar district magistrate to investigate the allegations of groundwater extraction by developers and submit an action-taken report within two months.

In December 2022, the committee recommended sealing the borewells and calculating environmental compensation based on consumption. Subsequently, in January 2023, the committee determined the environmental compensation to be ₹76 crore.

The confederation of real estate developers association of India (CREDAI), a realtors’ group said that the Greater Noida authority must deliver the water to realty projects for construction and other purposes too.

“The Greater Noida Authority should promptly supply recycled wastewater to preserve groundwater and provide piped drinking water to every household,” said Nikhil Hawelia, Joint Secretary of CREDAI.

The Greater Noida authority officer, requesting anonymity said, “The Greater Noida authority will deliver the recycled waste water to save the ground water soon and also the piped drinking water to every house.”