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Judgment
Application under Section 14 of the National Green Tribunal Act, 2010.
The applicant has filed present application under section 14 of the National Green Tribunal Act, 2010 seeking issuance of directions to respondents no. 3 and 5 to decide his legal notice dated 11.03.2022 and to direct the respondents to formulate and implement Ground Water Security Plan for Noorpur Block, District Bijnor.
The applicant has submitted that observing the fact that ground-water of Noorpur Block situated in District Bijnor is depleting at an alarming rate, respondent No.1 declared the same as a notified area under section 9 of the Uttar Pradesh Groundwater (Management and Regulation) Act, 2019 (for short ‘the 2019 Act’) vide notification dated 17.06.2020. Central Ground Water Board in its Block-wise Ground Water Resources Assessment 2017 also declared Noorpur Block of District Bijnor as a critical zone. Since Noorpur Block has been declared notified area, digging of new bore well there is prohibited by Section 12 of the 2019 Act. Respondent no.1 is bound to prepare the Ground Water Security Plan for the above said notified area under Section 13 of the 2019 Act. Respondent No. 6 has applied to respondents No. 1 and 3 for establishing sugar factory in Noorpur area of District Bijnor. Operation of the sugar factory would be dependent on extraction of ground water which would affect ground water table of the area. The applicant sent legal notice cum representation dated 11.03.2022 to the respondents but no action has been taken on the same.
Vide order dated 05.05.2022, notices were ordered to be issued to respondents no.1 to 6 who have been accordingly served.
Replies have been filed on behalf of respondents no. 1 to 5 and respondent no. 6 respectively.
In the reply filed by respondents no. 1 to 5, it has been mentioned that Noorpur Block was declared as notified area under Section 9(1) of the 2019 Act vide Notification no 3031/76-3-2020-13NG dated 17.06.2020 on the basis of the Dynamic Ground Water Resources Assessment 2017 but subsequently the same has been declared to fall in semi-critical category vide Notification no.824/76-3-2022-13NG-2020 dated 14.06.2022 in view of the Dynamic Ground Water Resources Assessment 2020.
In view of the above referred Notification dated 14.06.2022, learned Counsel for the applicant seeks permission to withdraw this original application with liberty to filing of appeal/original application, as the case may be, for seeking appropriate relief.
In view of the above, this original application is dismissed as withdrawn with liberty as aforesaid.