Ground water misuse may lead to Rs 1-2 lakh fine or imprisonment

Misuse or illegal extraction of groundwater in Uttar Pradesh is set to be a criminal offence that will attract Rs 1-2 lakh fine or imprisonment up to one year for the first offence. Uttar Pradesh Groundwater (Management and Regulation) draft Bill 2017 has been formulated to act against defaulters who may be from industrial, commercial, infrastructural sectors, or bulk or private users of groundwater.

However, the Bill is yet to be passed by the state legislature but the government could also go for Ordinance in case of end of the ongoing budget session of the legislature. UP never had a law to conserve and protect groundwater. With the new bill, UP Groundwater Conservation, Protection and Development (Management, Control and Regulation) (draft) Bill 2010, which was pending since 2005, will be null and void. An official said here today that quantum of punishment to offenders will double in case of repeated offence and the defaulter's authorisation/NOC to use groundwater would be cancelled. Those extracting groundwater from Groundwater Regulatory Zone (over-exploited, critical and semi-critical areas or areas that have recorded more than 2 cm-per-year fall in groundwater level in last five years) would face six months imprisonment, which could be extended to three years, and pay fine up to Rs 10 lakh.

Contamination of groundwater by domestic effluent or sewage, rainwater from open land/fields going into aquifers or industrial and aquaculture waste disposal would will be a criminal offence and invite penal action. Imprisonment in such a case would be for at least two years which could be extended to three years and/or fine realised would be Rs 3 lakh to Rs 5 lakh. In case contamination continues, imprisonment could go up from five to 10 years and Rs 5,000 would be charged as fine everyday. Besides, cost of repair will be recovered as arrears of land revenue. Supplier of groundwater, even government agencies, who fail to meet quality standard prescribed under the law would be fined Rs 1 lakh.

A fine of Rs 1 lakh would be slapped on owner of premises or building for not installing rainwater harvesting system. Officials said that the draft bill has been sent to various departments to seek suggestions. After incorporating suggestions from departments, it will be put in public domain to invite opinion. In all possibilities, the final draft bill will be presented to the cabinet by September, official hinted. The 17-member UP State Ground Water Management and Regulatory Authority headed by chief secretary would be the highest authority.

Block panchayat groundwater management committee will implement law at village level while in urban areas it would be the municipal groundwater management committee. District groundwater management council will co-ordinate with block panchayat and municipal level committees and state authority at the state level. All users in blocks where groundwater is under stress will have to get registered to use the resource. Even digging a well would need official permission. Besides, an abstraction limit would be fixed for users in both notified (stressed) and non-notified (other than stressed) areas. Government agencies sanctioning or approving building plans will have to ensure that houses built on 100 square metre have installed rooftop rainwater harvesting and group housing/colonies install combined recharge system.

Departments concerned will have to check water-logging to prevent contamination of groundwater. A grievance redressal officer will be appointed in every district to resolve disputes, if any. A groundwater fund will be created in which receipts by way of fine, registration fees, extraction fee and others will be credited. Provisions of this Act will have precedence and overriding effect over any other law.