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Judgment
The applicant has sought following directions:-
"(a) For inspection of all the Rainwater Harvesting Systems constructed in all Societies of Dwarka by a Team consisting of Ground Water Cell of Delhi Jal Board, Member from Central Pollution Control Board and the applicant, collection and sending of samples for examination in the Lab.
(b) Direct Dwarka Fenderation of cooperate in the above said inspection, collection of samples.
(c) For making the non-functional Rainwater Harvesting Systems found in the inspection as functional for recharge of only roof top pure rain water in the ground so that ground water is not contaminated.
(d) To modify the recharge borewells constructed in the Rain water Harvesting Systems of all Societies of Dwarka to make it five meter above the ground water level.
(e) To stop inspection and charging of fee of Rs. 40,000/- by the Contractors of the Rainwater Harvesting Systems.
(f) To make responsible the Dwarka Federation for cleaning of Pit of Rainwater Harvesting Systems of all Societies prior to Monsoon i.e. in January, February, March and April and to furnish report to this effect to the Ground Water Cell of Delhi Jal Board through Affidavit, thereafter the Ground Water Cell of Delhi Jal Board may conduct random inspection of the Rainwater Harvesting Systems to ensure that all are functional. In case any Rainwater Harvesting System is found non-functional then to serve notice for making its functional, if even after notice concerned society does not make Rainwater Harvesting System as functional then Ground Water Cell of Delhi Jal Board may recommend to this Hon'ble Tribunal for imposing penalty or Delhi Jal Board may disconnect water supply of that society.
(g) To put rain water of surface area and roads of all Societies into Water Body and the responsibility to clean the Water Body and drain of Storm Water be entrusted to Dwarka Federation.
(h) Not to seal the borewells of all Societies after the Rainwater Harvesting Systems are made functional. To send the sample of ground water from borewells of the Society to lab to make ensure as to which society's ground water is contaminated.
(i) To allow the Society to draw its contaminated ground water for use in horticulture and to impose ban from drawing groundwater of good quality to daily use or in horticulture, to utilize treated water for horticulture by bringing through tankers.
(j) To allow the society to draw the ground water whenever drinking water supply of Delhi Jal Board may fail.
(k) To allow the applicant to provide free of cost service to the Dwarka Federation for saving ground water.
(l) If any person, Institution harvests more than 10 lakh liters rain water of roof, he be allowed to draw the ground water but not to waste the same."
According to the applicant, he has conducted survey of rain water harvesting systems of 40 Societies in Dwarka and found deficiencies. The borewells are deeper, enabling polluted water to mix with the groundwater. This requires joint inspection of rain water systems in all areas of Delhi to ensure proper functional design, level at which the borewell should be installed, use of gravel, coarse, sand in filter media. The DPCC has issued notice to seal the borewells of all the societies and to impose penalty which is not justified. On surface areas of the societies the water is wasted which should be taken to the water bodies. Work should be entrusted to a private body for planning and executing the rain water harvesting project, high fee is being charged by the Delhi Jal Board for inspection of the pit of the rain water harvesting systems from the societies.
The application was earlier considered on 07.07.2021 and to ascertain the factual position of proper functioning of the rain water harvesting system, the Tribunal constituted a joint Committee of DJB, CPCB and DPCC. The Committee was to ascertain the technical efficacy of installed systems, changes, if any, required and the issue of contamination of ground water and action taken report was to be filed before this Tribunal. Relevant extracts from the said order are as follows:
"4. In view of the above, a joint Committee of DJB, CPCB and DPCC may look into the matter and take remedial action in the matter in accordance with law. The Committee may inter-alia ascertain the technical efficacy of installed systems and changes, if any, required and the issue of contamination of ground water.
An action taken report may be furnished to this Tribunal within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The DJB will be the nodal agency for coordination and compliance."
In pursuance of above, the joint Committee has filed its report dated 23.11.2021 as follows:
"The findings of the Joint Inspection Team were deliberated by the Committee which are as under.
· It was apprised that regarding technical efficacy of RWH Systems, the designs of the same have been adopted either from CGWB or DJB which are satisfactory in technical efficacy. The recharge well pipes were taken deep into the static ground water level by the societies due to which contamination was bound to occur. As per the required parameters of the CGWB designs, the depth of recharge well pipes should have been kept 3-5m above the static g round water levels.
· The contamination may occur in the societies due to mixing of the rain water with the waste water from different sources like waste washing area water with detergents having chemicals from balconies other than that of roof top rain water and the waste water from paved /parking areas of the societies.
· Regarding contamination of ground water, it was apprised to the committee that on testing of the 38 Nos. water samples taken from 31 societies. It has been observed that very partial contamination, out of the 27 parameters tested, samples have exceeded the permissible limit in only 2-3 parameters i.e. color, turbidity and ammonia.
· It was further apprised that to avoid contamination of the ground water, only rain water from roof top area be diverted to the rain water harvesting systems.
· The water from other sources entering to RWH System such as balconies, washing areas etc. should be disconnected with immediate effect for which necessary advice has been given to the Societies during inspection.
· As there is water pollution in the above said societies, a letter has been written by DJB (being the Nodal Agency) to DPCC to direct the societies of Dwarka to take all necessary remedial actions in a time bound manner, with regard to rectification of water pollution as per Water & Air Act. A True copy of the Letter Dated 17.11.2027, is annexed herewith and marked as ANNEXURE-E. Since there are around 400 societies in Dwarka area and it is possible to inspect one society per day, it is submitted that to inspect remaining 369 societies, this committee shall require around 369 working days to complete the target."
In view of above, remedial action needs to be taken by the DPCC in exercise of its statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 to prevent contamination of groundwater, in coordination with the DJB or any other authority. There is no justification for proposal to inspect one society per day as it will enable contamination of water to continue at large scale by other societies. In view of the report that out of 31 societies, inspected 22 were non-functional, action needs to be taken forthwith and simultaneously for non-compliances everywhere. DPCC may augment its capacity appropriately so as to discharge its mandatory obligations under the law. It may consider utilizing human resource from Engineering Colleges, if viable, for its assistance. It appears that there is lack of awareness and knowledge of technical knowhow on the subject for which appropriate awareness programmes be undertaken urgently with the representatives of the societies online with the involvement of such experts as resource persons, as considered necessary. Same joint Committee of DJB, CPCB and DPCC may hold its meeting within one month and remedial action plan may be prepared and executed expeditiously, preferably within three months.
We may note that the issue was earlier considered by this Tribunal, alongwith with the related issues of revival of water bodies, preventing illegal extraction of ground water and utilisation of STP treated water for secondary purposes in the light of report of Justice SP Garg, former Judge of Delhi High Court in in OA No. 496/2016, Tribunal on its own motion vs. Govt. of NCT of Delhi & Ors. Vide order dated 03.02.2020, while directing steps for setting up rain water harvesting systems, the Tribunal laid down compensation regime. The relevant direction is reproduced below:
"xxx .................................xxx........................................xxx
Before parting with this order, we are of the view that having regard to significance of issues dealt with that is revival of water bodies in view of their potential for recharge of ground water, which in turn impacts water availability in river Yamuna, preventing illegal extraction of ground water to preserve the ground water table, rain water harvesting systems having impact on ground water table and use of treated water (from STPs) for secondary purposes, to increase availability of potable water, it may be necessary to consider compensation regime with a view to ensure sustainable development and inter-generational equity. Accordingly, we lay down such regime as an interim measure as follows:-
(i)
xxx... xxx
xxx... xxx
(ii)
For failure to install rain water harvesting systems by the institutions responsible for such failure.
As per earlier order dated 16.11.2017 in O.A. No. 217
of 2016 Mahesh Chandra Saxena Vs. The Ministry of Urban Development & Ors. @ Rs. 5 Lakh per institution required to be paid by educational institutions in terms of the said order will apply to all such institutions as may be specified by the Committed and the amount will be payable to and to be recovered by DJB who may notify such institutions within one month about
this direction.
(iii)
xxx xxx
xxx... xxx
(iv)
xxx xxx
xxx... xxx
Thereafter, vide order dated 22.01.2021, further directions were issued as follows:
"xxx .................................xxx........................................xxx
.... We may add that it may be desirable to explore whether a model can be developed as a strategy for augmenting supply of drinking water by linking water collected through RWH systems to the water supply systems on the pattern of schemes for connecting solar energy generated in individual houses with the Grids with requisite incentives to motivate the concerned individuals/ organizations. The Committee has noted the RWH systems in Group Housing societies, Schools, PWD maintained buildings, police stations, DMRC stations, hospitals, dispensaries, DDA buildings etc. However, the network needs to be increased to possibly all buildings by Administrative policies encouraging such efforts by possible business models. Water is scarce and gap in drinking water demand and supply is on the increase. Compensation regime needs to be followed and violators and incentives are required for the contributors.
In view of above, it is not necessary for the matter being kept pending with this Tribunal for indefinite period separately. As already directed, the issue can be further considered in OA 593/2017 and OA 673/2018 dealing with preventing water pollution and maintaining flow in rivers and water bodies. Vide order dated 21.09.2020 in OA 593/2017 and OA 673/2018 and vide order dated 18.11.2020 in OA 325/2015 and other orders mentioned above, the Tribunal has already directed that the issue of restoration of water bodies, use of treated water for secondary purposes, installation of RWH systems and control of illegal extraction of groundwater being part of the water management may be dealt with in a holistic manner at the District level, State level as well as National level by the designated authorities for the purpose at periodical intervals and final consolidated reports may be furnished by the CMC to this Tribunal by e-mail. The said directions cover Delhi also.
Accordingly, the Chief Secretary, Delhi may in coordination with the concerned authorities, including the DJB and the DDA take further action on the subject of restoration of water bodies, installation of RWH systems, utilisation of treated sewage water, extraction of ground water and prevention of contamination of water in the light of the earlier orders referred to above and the report of the Committee. It will be desirable that the matter is monitored by the River Rejuvenation Committee (RRC) atleast once a month and by the Chief Secretary atleast once in every three months. The periodical reports of the steps taken may be furnished by e-mail to the Secretary, MoWR who is chairing the CMC for rejuvenation of polluted rivers and water bodies. Needless to say that rain water harvesting is a component of such rejuvenation. As already observed in para 12 above, the Delhi Government and all other States/UTs as well as the CMC may explore whether a model can be developed as a strategy for augmenting supply of drinking water by linking water collected through RWH systems to the water supply systems on the pattern of schemes for connecting solar energy generated in individual houses with the Grids with requisite incentives to motivate the concerned individuals /organizations."
In the light of experience gained in the present case, it appears that at many places where RWH systems are installed, the same are either not functional or resulting in contamination of ground water which situation needs to be remedied not only in Delhi but pan India. This may be urgently looked into by a joint Committee of CPCB, Ministry of Jal Shakti (MoJS) and Ministry of Urban Development, Government of India. MoJS will be the nodal agency for the purpose. The Secretary, MoJS may call a meeting of stakeholders for further course of action in the light of above observations, followed by issuance of appropriate directions to all the States/UTs.
The application is disposed of.
A copy of this order be forwarded to Secretaries, MoUD and MoJS, , GoI, CPCB, DPCC and DJB by e-mail for compliance.
Copy of the order be also forwarded to the State PCBs/PCCs by e-mail for necessary action.
A copy of this order be also forwarded to Member Secretaries, State Legal Services Authorities by e-mail.