Milan Kanti Das vs State Of Assam - Groundwater Extraction
Summary
The National Green Tribunal (NGT) has admitted a case concerning illegal groundwater extraction by the Barsapara No.1 Water Supply Scheme Management Committee (BWSSMC) in Assam. The NGT noted that the BWSSMC is operating multiple borewells in a semi-critical zone without the required NOC from the Central Ground Water Board (CGWB), leading to groundwater depletion and water scarcity for local residents.
What changed
The National Green Tribunal (NGT) has admitted an application alleging illegal groundwater extraction by the Barsapara No.1 Water Supply Scheme Management Committee (BWSSMC) in Assam. The applicants presented information, obtained via RTI from the Central Ground Water Board (CGWB), indicating that the BWSSMC has not obtained the necessary NOC for operating multiple borewells in a semi-critical zone. The NGT found that substantial questions relating to the environment are made out, noting that the BWSSMC has deviated from its mandate by extracting water for commercial supply, causing severe groundwater depletion and water scarcity for local residents.
The NGT has directed the admission of the application and issued notices to all respondents, returnable within four weeks. The matter is scheduled for further consideration on May 8, 2026. Regulated entities involved in groundwater extraction, particularly in designated semi-critical or critical zones, should ensure they possess all requisite No Objection Certificates (NOCs) from authorities like the CGWB. Failure to comply with groundwater extraction regulations can lead to environmental damage and regulatory action, including potential penalties and orders to cease operations.
What to do next
- Ensure all groundwater extraction activities have the requisite NOCs from the Central Ground Water Board (CGWB).
- Verify that groundwater extraction is compliant with designated zone regulations (e.g., semi-critical zones).
- Review operational mandates to ensure activities align with approved purposes (e.g., drinking water supply vs. commercial use).
Source document (simplified)
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Milan Kanti Das vs State Of Assam on 23 March, 2026
Item No.02 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.57/2026/EZ
Milan Kanti Das & Ors. Applicants
Versus
The State of Assam & Ors. Respondents
Date of hearing: 23.03.2026
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicants: Mr. A. Bhattacharya, Advocate for the applicants (through VC).
ORDER 1. Learned counsel for the applicants has drawn our attention to the
information submitted under RTI by respondent no.5, Central Ground
Water Board (CGWB) which says that no water user committee operating
in Barsapara No. PWSS has obtained any NOC from CGWA as per
available record. This reply dated 06.10.2025, based on this, it is
submitted by the learned counsel for the applicant that respondent no.6-
Barshapara No.1 Water Supply Scheme Management Committee
(BWSSMC) is extracting groundwater from bye lane-2 of the Barshapara
locality which is semi-critical zone. Indiscriminately, the respondent no.6
has drilled multiple borewells at a single project site and thereby is
operating three borewells, continuously for upto 17 hours per day,
causing severe depletion of groundwater levels, leading to acute water
scarcity in the personal borewells of the local residents.
- The respondent no.6 has also extracted this water for commercial
supply, deviating from its original mandate of providing drinking water
supply. No concrete action has been taken against the said respondent by 1 the regulator. This has caused irreparable harm to groundwater
resources.
- On the basis of submission made by the learned counsel for the
applicant, we find that substantial question relating to environment is
made out and therefore, we direct the Registry to admit this application
and issued notices to all the respondents, returnable within four weeks
by all modes.
- From the side of respondent no.1, Ms. Malabika Roy Dey, learned
counsel has put in appearance and therefore, notice is dispensed with.
- Put up this matter for next consideration on 08.05.2026.
.........................................
Dinesh Kumar Singh, JM
..............................
Ishwar Singh, EM
March 23rd, 2026
Original Application No.57/2026/EZ
MN 2
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