Date:28/05/2008 URL: http://www.thehindu.com/2008/05/28/stories/2008052854860700.htm

New Delhi

Supreme Court notice to Centre and Haryana

J. Venkatesan

Exploitation of groundwater by builders

NEW DELHI: The Supreme Court on Tuesday issued notice to the Centre and the Haryana Government on a public interest litigation petition filed by a batch of residents’ welfare associations seeking a ban on exploitation of groundwater by builders for construction of shopping malls and commercial complexes in the Gurgaon area near the Capital.

A Bench of Justice C.K. Thakker and Justice L.S. Panta issued notice on a petition from Qutab Enclave Residents’ Welfare Association and five others seeking a direction to arrest a further fall in groundwater levels in Gurgaon and adjoining area.

The petitioners said the PIL involved implementation of the provisions of the Environment Protection Act and Water Policy of India, 2002, with regard to conservation and use of water. The PIL expressed concern over exploitation of groundwater and the ecological and environmental damage being caused due to the construction of mega malls and commercial complexes in Gurgaon.

They said due to mindless development being carried out at breakneck pace despite acute shortage of water and power, they were not getting adequate water and several representations to the authorities had proved futile. They pointed out that within a span of about 15 years more than 10,000 acres of agricultural land had been converted into a modern township comprising state-of-the-art industrial, commercial and residential complexes without any proper planning in line with the available resources.

They said in 2004 Haryana declared Gurgaon a power cut zone and there were power cuts for over 12 hours a day and water was available only for 30 minutes even during winter months. As such, issuance of licences for development of malls and residential colonies was against environmental and development laws. Hence the present petition for a direction to the respondents to stop the use of groundwater for commercial and construction activity and to ensure supply of adequate water to residents of Gurgaon.