Motels, banquets near Delhi airport ticked off for noise, air pollution

The tribunal has red-flagged illegal drawing of groundwater, unauthorised construction, noise pollution caused by music and firecrackers and air pollution caused by diesel generator sets among other issues arising from these establishments in their 29-page order published on Monday

Private and commercial farmhouses, banquet halls, hotels, motels and restaurants operating in Mahipalpur and Rajokri near the Delhi airport along NH8 and Jaipur highway have come under the National Green Tribunal’s (NGT) scanner.

The tribunal has red-flagged illegal drawing of groundwater, unauthorised construction, noise pollution caused by music and firecrackers and air pollution caused by diesel generator sets among other issues arising from these establishments in their 29-page order published on Monday.

One of the highlights of the order is that swimming pools in both private and commercial farmhouses and banquet halls cannot use groundwater. “If groundwater is used through tube wells for swimming pools in violation of law, supply of such swimming pools from the tube wells must be forthwith stopped,” read the direction issued by a bench headed by NGT chairperson Adarsh Kumar Goel.

The petition against pollution caused by commercial establishments along Mahipalpur and Rajokri was filed by Westend Green Farms Society, a society of 170 residential farmhouses in Rajokri.

But the NGT also took note of private farms illegally drawing groundwater for swimming pools when the government’s lawyer pointed at it. “Bore wells dug by banquets as well as by farmhouses, including those of the members of the applicant society, are required to be sealed on ascertaining availability of permission from concerned authority and compliance of conditions of recharge and use of water being for domestic or drinking purpose… It is further made clear that re-use of water, after being disinfected as per norms, can be used for swimming pools and such water thereafter may be used for flushing, by installing double piping system, or utilized for plantation or gardening,” the order said.

Abstraction of groundwater in “notified areas”— those identified by the Central Ground Water Authority (CGWA) because of low groundwater table — are not permissible for any purpose other than drinking and domestic use. In case of Delhi, all districts have been “notified” by Delhi Jal Board (DJB), said Somnath Bhattacharya, superintending hydrogeologist, Central Groundwater Board (CGWB).

According to Groundwater Year Book for Delhi 2015-16, most districts in the southern zone of the city, including Rajokri, are in over-exploited category where the groundwater table has fallen to more than 40 metres below ground level compared to 2-5 metres in North Delhi.

The orders of NGT will be monitored by a committee headed by a former Delhi High Court judge.

The Delhi Jal Board had, in a different matter, submitted that the demand for potable water in Delhi was being met from surface water (820 million gallons) and 80 million gallons from groundwater sources. Surface water as well as groundwater are over stressed which is why rain water harvesting system and use of treated water for ground water recharge should be mandatory, they had said.

The CGWA has prepared a plan for artificial recharge of ground water as well as revival and rejuvenation of water bodies through rain water harvesting (RWH) systems. RWH is required for plot of 100 sq metres or more under the municipal bylaws of Delhi. The tribunal had constituted a committee to oversee the implementation of RWH. The same committee will oversee the implementation of this order.

“The committee may submit a report of compliance every three months. First such report may be furnished before the next date of hearing on March 8, 2019. A copy thereof may also be sent to Central Pollution Control Board (CPCB) and union environment ministry,” the order has said.

Once the committee submits its report, NGT has directed CPCB and environment ministry to draw up an action plan and guidelines on action against such violators across the country. The number of over-exploited and critical administrative units are significantly higher (more than 15% of the total assessed units) in Delhi, Haryana, Himachal Pradesh, Karnataka, Punjab, Rajasthan,Tamil Nadu and Uttar Pradesh according to CGWB.

According to an inspection report by DJB submitted to NGT, bore wells are installed by all private farmhouses who are respondents in this case. The order said extraction of groundwater in over-exploited areas has been considered in many legal cases earlier.

On noise pollution by banquet halls, banquets, hotels, motels or other places where functions are organized, noise meters should be installed at the boundary walls NGT has said. “It should be ensured that the noise levels do not exceed the limit of 45 dB or such limit as is statutorily prescribed. DG sets should be noiseless and must comply with the emission norms. Only use of green crackers without any bombs or illuminating firework can be permitted upto a maximum limit of 15 minutes between 10 PM to 6 AM,” the tribunal has said.

NGT office-bearers said the committee will set up a website soon, public complaints against illegal drawing of groundwater or pollution in this stretch can be sent to the committee.

Other issues red-flagged by NGT:

Traffic congestion and air pollution on NH 8

Discharge of untreated waste water by commercial establishments

With regard to sewage connection in the area, DJB has said there is no sewage connection but disposal is by STP for some. Many don’t have STPs.

Absence of water harvesting system in violation of Municipal Bye Laws, 2011

Illegal parking

What did NGT say about celebrations in farmhouses?

“Liberty to enjoy celebrations is welcome but not without any responsibility or accountability for protection of peace and comfort of others. If enjoyment by creating noise pollution, air pollution, water pollution, obstructing free flow of traffic irreversibly damages our limited natural resources in violation of law, such enjoyment has to be checked. Avoiding wasteful expenditure, adversely affecting the health and welfare of fellow citizens, is against the spirit of Fundamental Duties under the Article-51A of the Constitution of India. Enjoyment of few at the cost of happiness of others is neither the culture of this country nor consistent with the constitutional values.”