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Judgment
The question for consideration is whether groundwater recharge by Delhi Jal Board (DJB) and Delhi Development Authority (DDA), Public Works Department (PWD) Delhi, New Delhi Municipal Council (NDMC), South Delhi Municipal Corporation (SDMC) through rain water harvesting structures is not scientific and is resulting in contamination of groundwater.
Vide order dated 31.05.2019, this Tribunal constituted a joint Committee of the Central Pollution Control Board (CPCB), the Delhi Pollution Control Committee (DPCC) and the Central Ground Water Board (CGWB) to take samples of groundwater and study the methodology of groundwater recharge undertaken.
Accordingly, report dated 08.07.2019 and additional action taken report dated 13.08.2019 have been filed by the DPCC. The Committee conducted inspections on 01.07.2019, 02.07.2019, 04.07.2019, 11.07.2019, 19.07.2019 and 22.07.2019 in the concerned areas and collected water samples from the Rain Water Harvesting Systems (RWHS) and nearby ground water sources.
The observations of the Committee after considering the reports of the samples are:
"a. In two areas Mehrauli - Gurgaon Road and Samalkha - Dwarka Road, RWHSs were found installed within the Storm Water Drains on sides of the road. The present RWHSs operating agencies i.e. PWD and DDA were not able to take proper measures to prevent pollutants reaching in these Storm Water Drains. The contaminated water was flowing in these drains.
b. In the area Mehrauli - Gurgaon Road, the sewage was found flowing in the storm water drains and thus, sewage is being recharged into ground water through the RWHSs installed in the Storm Water Drain by NHAI and presently maintained by PWD.
c. The RWHSs were found dry at the locations namely 'New Delhi Municipal Council Area from 11 Murthi Statue to Talkatora Stadium (Mother Teresa Crescent Road)', Sarvodya Kanya Vidhyalay Aaya Nagar', 'Mega Housing behind D-6, Vasant Kunj, in front of Tower N-2' and 'Baba Saheb Ambedkar Hospital'.
d. During the inspections, it was observed that most of the RWHSs operating agencies are not doing periodical maintenance of the RWHSs. Thus, the goals of installation of RWHSs are not being fulfilled.
e. The water analysis reports of the samples taken from RWHSs and from nearby ground water sources, wherever available, reveals that in most of the places polluted water is being recharged into ground water through RWHSs. However, the water quality of the samples taken from nearby ground water sources, wherever available, were not found contaminated.
f. The operating agencies of RWHSs, which were inspected, didn't approach DJB for technical assistance regarding design of RWHSs installed."
In the light of above, the Committee has suggested as follows:
"a. Water analysis reports reflect that the samples taken from Rain Water Harvesting Structures (RWHSs) were found contaminated. However, samples taken from nearby ground water sources, wherever available, were found non-contaminated. Therefore, the Committee came to a conclusion that at present there is no evidence of ground water contamination, because of faulty RWHSs.
b. The installation of RWHSs within Storm Water Drains having Contaminants should not be allowed.
c. Rain Water Harvesting by pollutants/contaminated water must be stopped and the owners/owning agencies of RWHSs should properly maintain their RWHSs to prevent recharging by contaminated water.
d. The Committee also suggested that piezometer should be installed near the RWHSs for monitoring of Ground Water Level and Water Quality of recharging water. It was also suggested that proper separators should be installed to separate the pollutants before recharging the RWHSs by polluted water such as surface run-off
e. Depth of recharge bore well should be at least 5m above the Static Water Table of the area. However, it should not be made compulsory considering the geological aspects and static ground water level of the area.
f. The guidelines regarding installation of RWHSs are available at DJB website and these guidelines are required to be strictly followed by the agencies/persons installing/ installed RWHSs in Delhi."
We are satisfied that the suggestions of the Committee need to be accepted for protection of the environment.
Accordingly, we direct that the suggestions of the Committee be acted upon. RWHS may not be installed close to storm water drains to avoid contamination of ground water in the process of recharging the ground water from the RWHS. Piezometers be installed near the RWHS for monitoring of ground water level and water quality of recharged water. Separators be installed to separate pollutants before recharging. Depth of the borewells should be at least 5m above the Static Water Table. Deficient RWHS be closed.
In light of observations of the Committee, the Delhi Jal Board (DJB), Delhi Development Authority (DDA), Public Works Department (PWD), Delhi; New Delhi Municipal Corporation (NDMC) and South Delhi Municipal Corporation (SDMC) are directed to take appropriate remedial measures for mitigation.
The application is accordingly disposed of.