Himachal: NGT asks Centre to regulate industrial use of spring water

The National Green Tribunal (NGT) has directed the Union Ministry of Jal Shakti to reconsider regulating the utilisation of spring water by the industry, including bringing it within the definition of ‘groundwater’. The principal Bench of the NGT, comprising Chairperson Justice Prakash Shrivastava and Expert Member Afroz Ahmad, passed the order on August 21, taking suo motu notice of a news item, “Kasauli Distillery dumps effluent into water source, supply affected”, published in these columns on December 15, 2023.

The case concerns allegations of environmental pollution linked to a distillery in the Kasauli area. A Joint Committee constituted by the NGT to examine the distillery had found that its premises had a borewell and it also used spring water, though no logbook had been maintained for the latter.

The NGT stated that the Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005, already included springs within the definition of groundwater. While Section 7 of the Act mainly deals with permission for sinking a well, the Bench observed that sections 12 and 14 had wider application to the extraction and use of groundwater in notified areas.

The project proponent, though paying royalty for water drawn from a natural spring, had been refused registration of the spring by the authorities under the Act. To examine how compliance with sections 12 and 14 can be ensured in such cases, the NGT impleaded the Himachal Pradesh Ground Water Authority, through its Member Secretary, Jal Shakti Department, Shimla, and issued a notice to appear at the next hearing.

The Central Ground Water Authority, through the Union Ministry of Jal Shakti, had earlier maintained that the regulation of naturally flowing spring water fell outside the existing groundwater extraction guidelines. The ministry has now been asked to file a fresh reply reflecting its decision. The matter is listed for further hearing on November 16.