NGT Quashes Rajasthan Groundwater Rules, Upholds Central Safeguards

The matter was heard by Justice Sheo Kumar Singh, Judicial Member, and Dr Afroz Ahmad, Expert Member, on Thursday.

In its judgment, the Tribunal held that the impugned guidelines were not in conformity with the groundwater regulatory framework issued by the Central Ground Water Authority under the Environment (Protection) Act, 1986.

The Tribunal further observed that the state guidelines were inconsistent with the directions issued by the Supreme Court in M.C. Mehta versus Union of India relating to groundwater conservation and environmental protection.

The Bench emphasised that groundwater depletion has become a serious environmental concern nationwide and reiterated that the illegal extraction of groundwater constitutes a punishable offence under environmental law.

The Tribunal observed that states cannot dilute or bypass the safeguards and regulatory mechanisms framed by the Central Groundwater Authority for sustainable groundwater management.

During the proceedings, the Central Ground Water Authority informed the Tribunal that the state of Rajasthan had issued the impugned guidelines without prior consultation with the authority and without obtaining its review and acceptance, as required under the existing regulatory framework.

The Tribunal also took note of the submission made on behalf of the state government that the impugned notifications had already been withdrawn by the Government of Rajasthan.

Accordingly, the National Green Tribunal allowed the appeal and formally quashed the state government's groundwater regulation guidelines.

The judgment is being viewed as an important reaffirmation of the role of statutory environmental safeguards and the need for strict compliance with national groundwater regulation mechanisms aimed at ensuring sustainable use and protection of groundwater resources.

- IANS