Pushkar Kulkarni v. Pune Municipal Corporation - Water Extraction Case

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 1, Cited by 0 ] ### National Green Tribunal

Pushkar Kulkarni vs Pune Municipal Corporation Through Its ... on 16 March, 2026

Item No. 6 (Pune Bench)

             BEFORE THE NATIONAL GREEN TRIBUNAL
                 WESTERN ZONE BENCH, PUNE
          [THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

           ORIGINAL APPLICATION NO. 37/2025 (WZ)

Pushkar Kulkarni
.....Applicant

                                Versus

PMC Pune & Ors.
....Respondents

Date of hearing: 16.03.2026

CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER

Applicant : Ms. Ronita Bhattacharya, Advocate for applicant
Respondents : Mr. Shivshankar Swaminathan, Advocate for R-2
Ms. Swati Pandit, Advocate for R-5/DM Nagpur
Mr. Aniruddha Kulkarni, Advocate for R-6
Ms. Manasi Joshi, Advocate for R-7
Mr. Atul J. Pathak, Advocate for R-9

                             ORDER 1.    The District Collector-respondent no. 5 has filed affidavit dated 10th

March, 2026, stating that Administrative Departments are handling all

functions under their jurisdiction. PMRDA, Zila Parishad, all Nagar

Parishad, all Nagar Panchayats, PCMC, PMC are acting in their

jurisdiction as a local body and regulating all issues, including water

extraction issue. The administrative functions of rural area are under Zila

Parishad and urban area except PMC and PCMC are under the Nagar

Parishad and Nagar Panchayat. In view of this, the communication dated

23.02.2026 has been made to all above administrative departments,

directing them to regulate and control the ground water extraction as per

guilelines issued by Central Ground Water Authority. These authorities Page 1 of 5 have to take care of the issue of water pollution within their respective

jurisdiction.

1. A perusal of this affidavit would indicate that the District Collector

is not discharging its function/mandate, which has been placed under the

Central Ground Water Authority. Para 10.0 (b) of these guidelines provides

as under:

"District Collectors/Deputy Commissioners/District Magistrates are

authorized to take enforcement measures, like sealing of unauthorized

groundwater abstruction structures, disconnection of electricity,

launching of prosecution against those violating the no objection

certificate conditions, and taking action for imposition of environmental

compensation."

1. Further, we find that the same guidelines under 13.0 provide as below:

"Delegation of powers against illegal ground water withdraw. Central

Ground Water Authority has appointed with District

Magistrate/District Collector/Sub Divisional Magistrate of each

revenue district/sub-division, as authorized officer, who have been

delegated the power to see illegal wells, disconnect electricity supply

to the energisd well, launch prosecution against offenders etc.

including grievance redressal related to ground water in their

respective jurisdiction...."

1. We find that these guidelines are not being complied with by the

 District Collector in the case in hand, and they have simply shifted their

 burden on the local body, which is inappropriate.

1. We have also gone through the affidavits of the Central Ground

Water Authority-respondent no. 9, which is filed on 30.07.2025, and it is

submitted that the said authority has been regulating ground water

development and management by way of issuing no objection certificate, Page 2 of 5 for groundwater extraction to industries, infrastructure projects or mining

projects by following the guidelines dated 24.09.2020. As per these

guidelines, all industies/mining/infrastructure projects drawing

groundwater will have to pay ground water abstruction charges based on

quantum of groundwater extraction and category of assessment unit as

per Ground Water Resource Assessment. All projects obtaining No

Objection Certificate (NOC) from the Central Ground Water Authority

CGWA are required to comply with the stipulated guidelines and submit

self-compliance report through the online portal. This office conducts

regular site inspections for fresh, renewal and exempted applications to

verify adherence to these compliance conditions. The site inspection was

also carried out in response to grievance and RTI queries related to illegal

groundwater abstruction. In accordance with the guidelines, penalties are

imposed on project proponents who fail to comply with the conditions of

the NOC. Additionally, environmental compensation charges are imposed

for illegal extraction of groundwater by the industries, infrastructure and

mining projects operating without valid NOC from CGWA.

1. Under Section 4 of the Environment Protection Act, 1986, Central

Ground Water Authority has appointed the District Magistrate/District

Collector/Sub-Divisional Magistrates of each Revenue District/Sub

division as authorized officers, who have been delegated the power to seal

illegal wells, disconnect electricity supply to the energized well, launch

prosecution against offenders etc. including grievance redressal related to

ground water in their respective jurisdiction.

1. In line with above, the office of the answering respondent provides

list of rejected applications, who have not applied for CGWA NOC, and

details of the projects that have failed to apply for renewal of their NOCs,

to the concerned District Magistrate/District Collector of the district,

enabling them to take immediate and effective action. Page 3 of 5

1. Further, in this context, answering respondent vide letter dated

24.07.2025 formally requested the Joint Director (water), Maharashtra

Pollution Control Board (MPCB) to issue strict instructions to all the

industries, infrastructure, mining and dewatering projects to obtain the

NOC from CGWA for ground water extraction before actual

commencement of the project. It is also mentioned that it is advised

therein that a specific condition mandating CGWA NOC be incorporated

into the consent to establish/operate issued by MPCB to ensure

compliance by all project proponents.

1. The office of the answering respondent has also formally requested

through letter dated 24.07.2025 to all the Municipal Commissioner, Pune

Municipal Corporation to direct all the infrastructure projects (residential

apartments/group housing societies, corporate office buildings, petroleum

retail outlets, hospitals, educational institutions, hotels and various

recreational and commercial facilities like malls and sports complexes etc.)

to obtain the NOC from the Central Ground Authority prior to the

commencement of project activities.

1. A perusal of this affidavit would show that the respondent no. 9-

Central Ground Water Authority has set up a system of conducting

regular site inspection for fresh, renewal and exempted application to

verify adherence to the guidelines, but it is acknowledged by the

respondent no. 9, that they have no system put in place for inspection in

such cases. It is only when complaints are received by them, that they

conduct inspection and take appropriate action. The respondent no. 9 has

sought two weeks' time to put a proposal.

1. As regards, the District Collector's reply, we have already noted

that they have shifted their burden to local bodies. As per the guidelines,

it is within the responsibility of the District Collector, to proceed against

the defaulters by initiating prosecution, as well as discontinuing the Page 4 of 5 connections and sealing the well set etc. No such details have given by the

District Collector as to why these actions have not been taken at their end.

We direct the District Collector to file a detail reply within two weeks and

also suggest measures as to how a system can be evolved with respect to

keeping a watch that no illegal abstruction takes place, even if no

complaint is received from any quarter.

1. Learned counsel for the applicant has placed several documents

today, which are taken on record. Having pointed out to these documents,

it is urged by the learned counsel for the applicant that these are several

wells, which are not maintained appropriately. Therefore, a direction

needs to be issued to District Collector for taking appropriate measures for

maintenance of these wells. She acknowledged that there is no specific

SOP for the same. In view of what has been submitted before us, we direct

the learned counsel for the applicant to seek a specific prayer in the

pleadings in respect of the photographes, which has been filed today,

thereafter, we will consider them.

1. Put up this matter for next consideration on 15th April, 2026.

Dinesh Kumar Singh, JM

                                       Dr. Sujit Kumar Bajpayee, EM

March 16, 2026
ORIGINAL APPLICATION NO. 37/2025 (WZ)
F.K Page 5 of 5