NGT quashes '25 groundwater rules, flags depleting reserves
Jaipur, May 15 -- In a setback to the Rajasthan government, the National Green Tribunal (NGT) has quashed the state's 2025 groundwater regulation guidelines, holding that they were inconsistent with the Central Ground Water Authority (CGWA) norms and diluted safeguards meant to control indiscriminate extraction of groundwater.
The order, passed by the Central Zone Bench of the NGT in Bhopal on Thursday in the case Tahir Hussain vs State of Rajasthan and Others, comes amid growing concern over Rajasthan's rapidly depleting groundwater reserves and severe heatwave conditions across the state.
The matter was heard by Justice Sheo Kumar Singh, Judicial Member, and Dr. Afroz Ahmad, Expert Member. The tribunal observed that despite repeated warnings by the Supreme Court and environmental authorities over the last nearly three decades, the groundwater situation in the country - particularly in states like Rajasthan - has continued to deteriorate alarmingly.
The dispute centered around the Rajasthan government's "Guidelines for Ground Water Regulation in the State of Rajasthan" issued in February 2025. The petitioner challenged the notification, alleging that the state had relaxed crucial provisions of the CGWA guidelines and granted exemptions that were not permitted under Central norms.
During the hearing, the Central Ground Water Authority itself opposed the Rajasthan notification, informing the tribunal that the state government had framed the rules without consulting the CGWA, without comparative review of the guidelines, and without taking over pending NOC applications from the central authority.
Facing objections, the Rajasthan government informed the tribunal that it had already suspended and later withdrawn the controversial notifications dated February 5 and February 10, 2025.
The tribunal thereafter formally quashed the guidelines, ruling that they were "not in consonance" with the norms issued by the Union ministry of jal shakti.
Referring to the landmark Supreme Court judgment in the MC Mehta case, the NGT noted that the CGWA had been constituted specifically to regulate indiscriminate boring and extraction of underground water.
The bench said illegal extraction of groundwater by hotels, industries and builders in over-exploited and critical zones was continuing "at large scale", while regulatory authorities had failed to act effectively.
The tribunal also stressed that illegal groundwater extraction amounts to a criminal offence under the Environment Protection Act and called for strict coercive action, including prosecution and environmental compensation against violators.
The order highlighted worrying national data on groundwater depletion and specifically referred to Rajasthan among states lacking an adequate regulatory framework for groundwater management.
The tribunal warned that depletion of groundwater threatens not only drinking water supply but also agriculture, river flows and soil quality.
A major issue before the tribunal was Rajasthan's decision to exempt certain government drinking water supply schemes from obtaining no objection certificates (NOCs) for groundwater extraction.
The petitioner argued that the exemption diluted strict CGWA norms and could allow unchecked extraction even in over-exploited and semi-critical regions of Rajasthan.
The NGT directed authorities to establish an effective mechanism to prevent illegal tube wells and unauthorised groundwater extraction.
It also stressed that responsibility for illegal extraction must be fixed on current property owners and violators should face environmental compensation under the "polluter pays" principle.
The tribunal further called for scientific assessment of groundwater availability, stricter controls in over-exploited zones, and greater use of rainwater harvesting, wastewater recycling and groundwater recharge systems....
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