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National Green Tribunal’s ban on groundwater extraction

CommonFloor Editorial Team

ConstructionThe National Green Tribunal (NGT) has at last started taking some action against the developers violating its ban on usage of groundwater for construction purpose.

The NGT has issued a bailable warrant against a Greater Noida-based builder on September 8th, because he did not appear before NGT in compliance to an earlier order delivered on August 22.

About the ‘Ban’

Following a petition filed by Vikrant Kumar Tongued, an environment enthusiast, the NGT on January 11, 2013, passed an interim order to stop usage of groundwater for construction purposes in Noida and Greater Noida. The petition was filed in November 2012, highlighting the large scale extraction of groundwater by the developers in this region.

What is developers’ reaction?

Regardless of the ban, the construction companies continue to use groundwater for construction. The developers’ claim that water supplied from sewage treatment plants (STP) is not sufficient for their construction activities due to which they have to rely on groundwater as well. While the concerned authorities allege that there is enough STP water to fulfill every need, the builders said that most of the STPs are not functioning in Noida and Greater Noida, owing to which there is no adequate water supply.

Moreover, for a developer to construct a project in riverbeds, he will have to dig deeper for basement, and its depth depends on the number of floors in the project. Several developers have admitted that as they are under constant pressure to deliver their projects in time, they fail to follow the norms.

NGT issued notices to developers

The NGT had appointed a five-member team which found out that 12 developers were drawing groundwater for construction. Following this, on August 22nd, the tribunal issued show cause notices to 12 real estate builders including some of the biggies, namely- DLF, Supertech, Jaypee Greens, BPTP, Wave Infratech, ET Infra Developers, Capital Infra Projects, Paras Season Haven, SDS Infratech in Noida and Greater Noida, 3C Company and Sunworld Residency. It had directed them to appear before the court and explain how much groundwater they would use for construction activities.

The Tribunal had also issued notices to the chief executive officers of the Noida, Greater Noida and Yamuna Expressway authorities and also the district magistrate of Gautam Budh Nagar for not implementing the ban order.

What happened in the court?

On Monday, the NGT directed the 11 realtors who were present to file their replies as to how much water is being used for building a floor of a particular building and submit it before the court in the next hearing of the case that has been fixed on October 9.

Though the developers and their advocates argued that calculating the exact amount of groundwater required for construction of a building is not viable, the NGT judges said that it is mandatory to do so.

Construction techniques to avoid dewatering

Realty experts say that digging out basements is not at all a reliable method for ocean-bed and river-bed projects, even at international levels. The developers have to come up with innovative ways which are environment-friendly rather than looking for the easiest and conventional methods.

Pile foundation method is the only alternative left as it does not require dewatering. But this method involves high cost which the builders would pass on to buyers while the buyers may not afford it.

Another measure which would avoid dewatering the foundation, is elevated parking instead of a basement parking. But this again involves a higher input cost. The construction companies in the West generally follow mixed-use planning. They mostly plan parking entry ramps and lobbies of buildings at the ground level, which is cost-effective.

NGT stops construction in 49 projects

The Tribunal has strictly prohibited construction work in 49 projects around the Okhla bird sanctuary, which is considered as an eco-sensitive zone. It has directed the Noida and Gautam Budh Nagar authorities to ensure the same.

In response to a plea filed by a resident of Noida, the tribunal had asked the Noida Authority to file a report on the 49 construction projects within a 10km-radius of the bird sanctuary and also to mention their source of water, by the next date of hearing. As per the petition, around 55 builders were carrying out construction work around the sanctuary without seeking any prior approvals from the National Board of Wildlife (NBWL) or the State Environment Impact Assessment Authority.

The NGT has also asked the Ministry of Environment and Forests (MoEF) and the NBWL to submit their responses. The next hearing has been scheduled on October 1. It strictly warned both the organisations that if timely response is not filed, then coercive action would be taken against them.

Allied facts

Although only 12 developers have been identified to be using groundwater for construction, real estate experts opine that more than 90 percent of the builders have been following the same method to fulfill their water requirement.

But if the same scenario continues in Noida and Greater Noida, in a few years, there will be no drinking water for the residents. The groundwater is the prime source of drinking water in this region. It is high time that the developers in this region have to find alternate water sources for construction purpose and avoid dewatering issued notices to developers.

Gurgaon water level is at ‘all time low’

The water level in Gurgaon and New Gurgaon has also reduced significantly. While there are thousands of construction sites in Gurgaon, the administration authorities do not have enough manpower and resources to handle this issue. In some suburban areas, the water is easily available by digging a few feets down and the water so obtained is being sold at Rs 600 to Rs 1000 per tanker.

Also in some places, water is obtained when ground is dig for construction, and this is pumped out (dewatering). Even this water is being used for construction purposes.

Irrespective of the availability of water, the ban on using groundwater for constructions should be implemented. The authorities have to take strict action against those who flout the rules, opine residents.

Tags : Ban on groundwater extraction gautam budh nagar Greater Noida-based builder groundwater for construction issued notices to developers Ministry of Environment and Forests (MoEF) National Board of Wildlife (NBWL) National Green Tribunal's NBWL NGT

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