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Judgment
M.A. No. 16/2023
In M.A. No. 16/2023, the petitioner is aggrieved with the non-implementation of the order dated 15.04.2021 passed by the Tribunal in O.A. No. 94/2021. Therefore, this application is treated to be an Execution Application.
In O.A. No. 94/2021, the petitioner had raised the grievance against use of ground water for maintenance of cricket playgrounds without availing of alternative of using STP treated water and installing rain water harvesting system for restoring and recharging of the ground water.
The Tribunal after taking note of its earlier order passed in O.A. No. 134 of 2015, Friends through its General Secretary v. Ministry of Water Resourceshad disposed of O.A. No. 94/2021 with the following directions:-
“4. There can be no dispute with the proposition that conservation of water is dire need of the environment. Every effort is required to save potable water for drinking. Cricket or other such grounds may be maintained, as far as possible, from the STP of high quality having no pathogens and offensive components. Also rain water harvesting and storage of such water may be ensured.
Accordingly, we direct the Secretary, Ministry of Jal Shakti to hold a joint meeting within one month with the nominees of the Ministry of Youth Affairs and Sports (not below the rank of Joint Secretary), representative of BCCI and CPCB to consider the issue of regulating extraction of ground water for maintenance of Cricket play grounds.If necessary, any other expert may also be coopted. The issues for consideration may inter alia include – i) prohibiting use of ground water for maintenance of the play grounds atleast during the time no match is being actually played and exploring utilization of STP treated water; ii) ensuring that effective rain water harvesting and water storage/recharging systems are installed in all playgrounds to save the ground water; iii) laying down mandatory requirement of engagement of an environmental expert for every cricket stadium for ensuring compliance with the environmental norms, iv) using every sport event with the programme of awareness for environment protection, using a part of profit from commercial activities as a mandatory obligation. The decisions taken in the meeting may be followed up by appropriate statutory orders.
We have not considered it necessary to issue notice as the above order does not involve adjudication of any disputed rights and is being passed in view of undisputed environmental obligation. We hope the concerned Authorities will act with a sense of responsibility and duty to reduce environmental footprint and societal need for conservation of every drop of water.”
Action taken report dated 04.08.2023 on behalf of the Ministry of Jal Shakti (MoJS) in compliance of the directions of the Tribunal has been filed which discloses that out of 26 stadiums, 24 have borewells/tubewells for extraction of ground water, out of which only four stadiums have ground water NOC and that the rain water harvesting structures have been installed in 14 stadiums and the same are under installation in three stadiums and that the Sewage Treatment Plant has been installed in six stadiums and it is under installation in one stadium. The report reveals that show cause notices have been issued to 20 stadiums on 27.06.2023 requiring them to explain the reason for not obtaining NOC from the concerned Department and also for imposing the penalty/Environmental Compensation for illegal withdrawal of ground water. The report discloses the status of compliance by the stadiums as under:-
“16. Following status of compliance has been observed from the inspection of stadiums and subsequent meetings-:
Status
Name of Stadiums
Fully Compliant (RWH, STP/ Treated Water, NOC/ Not using GW)
M. Chinnaswamy Stadium, Bengaluru
VCA Stadium, Jamtha, Nagpur
Narendra Modi Stadium, Motera, Ahmedabad
JSCA International Stadium Complex, Ranchi
Partially Compliant (RWH and STP/ Treated water)
Wankhede Stadium, Mumbai
M.A. Chidambaram Stadium, Chennai
Partially Compliant (only RWH)
ArunJaitley Stadium, Delhi
Ch. Bansi Lal Cricket Stadium, Lehli, Haryana
Rajeev Gandhi International Stadium, Hyderabad
Holkar Stadium, Indore, MP
MCA Cricket Stadium, Gahunje, Pune
Dr. DY Patil Stadium, Mumbai
Saurashtra Cricket Association Stadium
Green Park Stadium, UP
Sh. Atal Bihari Vajpayee Ekana Stadium, UP
VCA Stadium, Civil Lines, Nagpur
Non-coriipliant
Dr. Y.S. Rajasekhara Reddy ACA-VDCA Cricket Stadium, Vizag
ACA Stadium, Barsapara, Assam
Shaheed Veer Narayan Singh International Stadium, Raipur
Eden Gardens, Kolkata
Himachal Pradesh Cricket Association Stadium, Dharamshala
Brabourne Stadium, Cricket Club of India (CCI)
Barabati Stadium, Cuttack, Odisha
I.S. Bindra Cricket Stadium, Mohali
SawaiMansingh Stadium, Jaipur
Sports Hub International Cricket stadium, Trivandrum
According to the report, letter dated 02.08.2023 has been sent to 22 partially/non-compliant stadiums and the stadiums have been directed to comply with the directions and submit ATR within three months.
The report is under the signature of the Chairman, Central Ground Water Authority (CGWA) which is the competent authority to take action against the defaulting stadiums.
In view of the above, we deem it proper to issue notice to the Chairman, CGWA, Department of Water Resources, River Development and Ganga Rejuvenation, at the first instance, requiring him to file further action taken report disclosing the action taken in pursuance to the show cause notice and also the action which is taken against the non-compliant defaulting stadiums. The action taken report will also include the action taken in respect of other directions contained in paragraph 5 of the order of the Tribunal dated 15.04.2021 passed in O.A. No. 94/2021. Let the report be filed by the CGWA within eight weeks by e-mailat [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
Counsel for the applicant submits that with the lapse of time, nothing survives in M.A. No. 17/2023 and M.A. No. 18/2023 which are according dismissed as infructuous.
List this matter on 07.12.2023.