Delhi High Court Condemns Illegal Borewells, Calls It a “Sin”: Orders Deterrent Measures

The Delhi High Court has sternly reprimanded the illicit extraction of water through borewells, describing it as “nothing less than a sin” and called for strict measures to prevent such practices. The court emphasized the potential for a severe water crisis in Delhi akin to what Johannesburg experienced a few years ago.

During the proceedings on April 9, a bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela expressed deep concern over the environmental and societal impacts of illegal borewells, especially in the capital city.

Do you know what happened in Johannesburg? A few years ago the city had no water for several months. They faced a major water crisis. Do you want that situation to come up in Delhi also? the bench remarked, highlighting the severity of the issue.

The court was addressing a petition filed by advocate Sunil Kumar Sharma, who alleged the presence of several unauthorized borewells at a construction site on Goenka Road in Roshanara. The petitioner informed that a response to an RTI application revealed discrepancies in the number of borewells reported by the Municipal Corporation of Delhi (MCD) and the Sub-Divisional Magistrate (SDM) of Daryaganj.

According to the RTI response, while the MCD identified six borewells, the SDM noted only three, all of which have been sealed. The court has now ordered a joint survey by senior officials from the MCD, Delhi Jal Board (DJB), and the local police to assess the situation comprehensively.

Having regard to the ever decreasing water level on account of such illegal activities, we direct a survey be conducted of such building by a team of high ranking officials nominated by the MCD commissioner, Delhi Jal Board CEO respectively and the SHO of police station concerned, the order stated. The team is required to complete the survey within 10 days and submit a detailed report.

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The bench also mandated immediate action against any operational illegal borewells discovered during the survey. Moreover, if evidence of previously functional illegal borewells is found, the report must specify the number of such units and the duration of their operation.

Based on the findings, the court will consider imposing environmental compensation on the building owners for the detrimental impact on the water level. The matter has been scheduled for further hearing on July 30.

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