How to handle groundwater extraction in India

Don’t assume water below your property is yours alone

Groundwater extraction refers to pulling water up from under the surface through any borewell, tubewell, dug well, active pumping setup, construction site dewatering arrangement or other device. For legal purposes, does the groundwater extractor own the land often become secondary points.

The main questions are whether the user has permission to extract, whether the actual extraction is lawful, and whether the user is harming public water resources or violating applicable conditions through bulk extraction.

Central Ground Water Authority (CGWA) or the relevant State Ground Water Authority approves such permission in most cases. For cities with local groundwater boards, district authority, pollution control board, municipal body and development authority may also matter.

Simply having possession of land is not a guaranteed defence for groundwater extraction without permission, registering the borewell, adhering to digital meter conditions and following state-level rules when the groundwater is extracted for commercial or bulk purposes.

The user needs to first understand what category they fall under. Is it domestic use, industrial, infrastructure projects use, mining use, commercial use, construction use or bulk usage for residential purposes. Often Advocate BK Singh & Advocate Sadhna Singh starts with checking user category, site location, relevant authority, permissions available and other documents before advising on the possible legal approach.

Why are groundwater extraction cases sharper in India in 20

Groundwater cases have gotten sharper for Indian cities because on construction boom, water scarcity in cities has increased, tanker culture persists while local monitoring remains weaker in most towns. From Delhi NCR to many emerging towns and cities, residents tend to suspect illegal groundwater extraction when they spot tankers visiting every day, drilling machines at night, waterlogging near basement projects, continuous pumping from basements and commercial movement of water through tanker trucks.

The legal consequences are not limited to industries or large-scale water buyers anymore. Hotels, banquet halls, restaurants, cafés, hospitals, schools, medicine camps, water purifier (RO) plants, malls, apartment complexes, builders during construction, warehouses storing goods and goods vehicle washing areas can also be questioned if groundwater is being extracted without permission.

Even owners of residential societies can get stuck into verification if the society is using a borewell for common water supply.

If you are the complainant, proof will be asked for. If someone is “stealing water” from a borewell is a legally weak complaint without solid evidence.

Authorities will want to know from where on the site, photos of the location, borewell position, tanker numbers and frequency, electricity connection used, borewell admission from owner or worker, tanker invoices, inspection order and specific environmental harm caused.

If you are on the receiving end as a user or accused party, casually replying to the notice or inspection invitation doesn’t help. “Everyone is doing it” or “we have been using this borewell for decades” is not a solution to the legal problem. Just because an activity is old, inherited from a landlord or common in your area doesn’t mean it can’t be regulated. Old also needs to be registered and shown as valid by law now.

Customers have successfully used Legals365 help in resolving groundwater-linked cases across multiple Indian states. You can begin at this page if you need similar support based on strong documentation and lawful handling.

Key facts about handling groundwater extraction in India

1. Fact 1: Groundwater extraction for industrial, infrastructure projects use, mining activity, commercial purposes or residential bulk usage purposes may require NOC, registration or permission from state government.
2. Fact 2: CGWA controls groundwater extraction activities in Maharashtra, Gujarat, Chattisgarh, Goa, Dadra and Nagar Haveli and Daman & Diu, Assam, Jammu and Kashmir, Puducherry and Jharkhand. State Ground Water Authority regulates groundwater extraction in all other States and UTs.
3. Fact 3: Illegal borewells can be ordered to be sealed by authorities. Environmental compensation or environmental penalty can be imposed.
4. Fact 4: NGT has jurisdiction to hear groundwater-related matters if a substantial question relating to environment is involved.
5. Fact 5: Gathering evidence matters more than being angry. Compile photographs, requested inspections, maps marking illegal extraction site location and official complaint documents.
6. Fact 6: Businesses should avoid continuing groundwater extraction simply because the application is pending with an authority unless the law clearly allows such extraction during application.
7. Fact 7: Groundwater extraction matters based out of Delhi NCR and Uttar Pradesh often require a separate verification of state act/rules, district magistrate orders and local authority practices.

Which law apply to control groundwater extraction in India?

Both central and state government control groundwater extraction in India through environmental laws, administration and compliance orders. There is no one-fits-all answer for groundwater users because India follows a dual control model where states make their own groundwater laws while CGWA regulates groundwater extraction based on central environmental law.

The Environment Protection Act, 1986 becomes relevant because CGWA takes its regulatory powers from this central law. Further, through CGWA guidelines and conditions for groundwater extraction, users must today adhere to certain central requirements.

NOC issued by CGWA is now a standard requirement for many eligible use categories. For industrial, infrastructure projects, mining activities and commercial users of groundwater, the Ministry of Jal Shakti guidelines dated 24 September 20 became central requirements with state governments having powers to update conditions too. Users can expect:

• Online application for NOC from CGWA using user credentials.
• Assessment of user category and applicable fees by CGWA.
• Disclosure of estimated quantity to determine condition of approval.
• Imposition of water audit compliance and mandatory groundwater recharge conditions.
• Requirement to install meters and adhere to self-monitoring compliance.
• Regular reporting to CGWA or state authority by users.
• Periodic renewal of NOC upon satisfaction of conditions.

The same September 2020 guideline mentions State Ground Water Authorities (SGWAs) have been given powers to decide:

• Approved list of industries, borewells and groundwater extraction activity that come under the State Groundwater Authority.
• Category of permissible groundwater use in the State.
• Condition that need to be followed for groundwater extraction.
• Depth of groundwater that can be extracted.
• Procedure for deciding compensatory recharge volume.
• Procedure and conditions for deciding sanctions on restrictions of further extraction of groundwater.

States can have stricter rules too. Uttar Pradesh followed its own Groundwater Act. Cities like Ghaziabad, Noida, Greater Noida, Meerut, Hapur, Lucknow and Kanpur can involve state level application portals, district authorities involvement, state permission documents and local act compliance. Since Delhi has its own DWB rules too, matters based in Delhi might involve Delhi district administration orders, DJB related notices, South Delhi Municipal Corporation/ North Delhi Municipal Corporation/ East Delhi Municipal Corporation/ New Delhi Municipal Council/ Municipal Committee Notices, Delhi pollution- control board and NGT orders depending on specific grounds.

In cases where groundwater extraction causes environmental harm or violates a legally enforceable environmental duty, a person can consider NGT as an option for resolving disputes. You may visit Legals365’ guide and compilation of NGT lawyers in India for better understanding of tribunal linked environmental litigation.

Who can take action before a groundwater/seepage dispute escalates to a legal case?

Citizens should take action if they notice repeat tanker movement to specific plot/building, night-time underground water pumping in neighbourhood, drilling machines appearing at odd hours in water-stressed areas, water being sold for commercial purposes, water table depleting suddenly due to outside pumping activity near their plot or foundation damages around premises due to neighbor’s extraction. Waiting too long only makes your complaint weaker because drilling machines come and go, plastic pipes get buried deep and tanker schedules can change over weeks.

RWAs and housing societies should act if they realise a builder, water tanker agency, maintenance agency or commercial establishment is using groundwater without disclosing permission from society members. Verbal assurance of “don’t worry we will get permission later” is not enough. Ask for NOC copy, renewal documents, installed water meter existence proof, recharge structure validation, compliance inspections and necessary documents wherever applicable.

Businesses should act quickly before receiving a notice. If your factory, guest house, hotel restaurant, event venue, school, health centre, food processing unit, warehouse or commercial construction project uses groundwater, check whether you have the permission in writing and follow conditions strictly. Reacting to non-compliance orders during government inspections is much harder than voluntary improvement in attitude.

Builders and infrastructure projects should be cautious about extraction details if groundwater is used during construction. It is normal to use groundwater for construction dewatering, borewell during foundation work, tanker trucks for construction purposes and groundwater for curing purposes. But water-stressed cities have seen local authorities and environmental lawyers increasingly questioning large groundwater use where abuse is suspected.

BK Singh & Associates advise clients to view the groundwater-related documents like life and death of compliance. Proper boring records can prevent a routine authority visit from turning into a permanent NGT case or expensive penalty matter.

What should you do when someone is illegally extracting groundwater?

Stay calm and gather proofs. Speak to the authority who can take action. Do not argue at the site. Create a police case only if there is assault, trespass or vandalism.

Record the address, nearby landmarks, date and timings as accurately as possible. Note down tanker numbers if visible. Is the machinery being used for domestic use or commercial use? Are they constructing a basement or filling up a tank on ground? Photos and video evidence help but should be lawfully captured. Do not trespass into someone’s land or engage in unsafe practices just to click a photo or video.

Try to understand who can take action. If drilling or extraction is ongoing many matters can go to DM/SDM, State Ground Water Authority, CGWA, Pollution Control Board, Municipal Corporation, Municipality, Development Authority or District Industry Centre.

If the matter is not attended to despite causing environmental degradation, NGT can become relevant.

File a proper complaint that focuses on the illegal activity, site address, who you suspect is doing it, purpose of use category, environmental harm caused, whether a complaint was previously filed, inspection order requested and documents you want the authority to collect.

A sample complaint for illegal groundwater extraction can help clients organise their thoughts better.

Clients can reach out to Advocate BK Singh & Advocate Sadhna Singh for help drafting a complaint against illegal groundwater extraction.

What is the safe way to handle groundwater extraction issues for business?

Stop. Do not continue extraction if you are not sure. Conduct a compliance self-audit first.

Does your business or project category fall under CGWA NOC requirement? Do you need state registration or state-level permission for groundwater extraction? Is your existing permission due for renewal? Does your business have a digital water meter installed on premises? Is there a recharge structure mandated by CGWA or state authority? When was the last ground water quality tested? Do you maintain extraction and groundwater level data? Did you submit a Self Compliance Report to authorities last year?

If permission is absent, do not file fake documents within your office to justify past wrongdoing. That will eventually worsen the matter in case the authority investigates. The safer approach is to stop extraction (if condition mandated by authority), record what is happening now, seek legal advice to understand if your business is even eligible for permission and reply to any notice legally instead of panicking.

If permission exists but conditions are violated, the improvement plan should focus on how to become complaint.

Common conditions breached during groundwater extraction include –

• Extracting more water than permitted.
• Not installing a digital water meter on property.
• Not maintaining recharge structure on property.
• Failure to submit quarterly water data to authority.
• Showing wrong user category.
• Extracting groundwater from a different point rather than mentioned in permission.
• Operating after permit expiry.

Construction and construction-linked projects should be careful about matching groundwater-related sanctions during construction. A contractor misusing groundwater does not absolve the project owner of liability if records are not maintained.

BK Singh & Associates generally recommend a comprehensive written compliance report be created before even replying to the first notice. The report should briefly mention facts of usage, present use case, permissions available and plans to get compliance now and in future without making negligent statements.

Groundwater related documents and evidence

Documents become critical during groundwater extraction complaints or defence. Following are documents which can help citizens, complainants, businesses and defendants.

Important documents for complainant or person making a groundwater extraction complaint:

• Photographs
• Video recording
• Site address
• Map/sketch highlighting alleged illegal extraction point
• Tanker numbers and frequency
• Drilling machine arrival time and activities
• Discharge point of water
• Primarily domestic use or suspected commercial activity or construction-related usage
• Prior complaints references/copies
• RTI replies if any
• Municipal or council correspondence
• Send copies to pollution control board if groundwater contamination is involved.

Contents of legitimate groundwater use file for business:

• CGWA NOC
• State government NOC
• Registration certificate
• Renewal papers
• Application acknowledgment
• Water flow meter reading copies
• Recharge structure proof
• Groundwater quality testing report
• Hydrogeological report of site if conducted
• Consents issued by appropriate industries
• Building or construction sanction order
• Any correspondence with authorities over groundwater use

RWAs should especially keep the below documents in file:

• RWA meeting minutes.
• Water bill invoices.
• Borewell ownership, installation company detail and pump service records.
• Tanker invoices if society uses tankers.
• Complaints received from RWA members about ground water extraction depleting water table.
• Any communication from local authority or court on groundwater related matters.
• Correspondence with builder if dispute is between society and builder over groundwater extraction.

Easy table format for clients to first gather documents before meeting an Advocate.

Customers confused about drafting an environmental complaint can visit this page to learn more about how Indian citizens can use environmental law to their benefit.

The real trick with timelines in groundwater cases

Handle groundwater disputes early because conditions around a drilling site can change overnight. Hours before a complaint, there could be visible drilling equipment on site. Hours after filing, the machinery could be gone. If somebody is illegally extracting groundwater and you see pumping in progress or tankers leaving regularly, complain that day or week.

Authorities have their own timelines. Once a complaint is submitted, things will move at the pace of that office. It may send an inspection team, prepare a report, issue notice to the alleged extractor, ask for a reply, hold a hearing, pass sealing orders and demand penalty payment or environmental compensation. Often the complainant must write to the same office later for status updates because ground water inspections and enforcement do not top priority lists in most cities.

NGT has different deadlines. A petition before NGT requires drafting skills. It must mention the legal jurisdiction of NGT, details of respondent and relief which can be provided under environmental laws. NGT is not the first step for every groundwater dispute. It becomes relevant if illegal groundwater extraction causes a substantial question of environment or if authorities are refusing to take justified enforcement action.

Businesses and handling groundwater extraction wisely

Businesses and commercial water users should take corrective action before receiving a notice. Once a notice is issued under the applicable law, the response and future conduct needs careful handling. Sending an indefinite “we will comply” kind of reply will lead to harsher action. A detailed but lawful reply asking for a fair hearing can help the business raise defences, show bona fide intentions and keep opponents to evidence-led discussions.

Advocate BK Singh & Associates recommend clients avoid the sealing stage as much as possible. Once a property gets sealed for groundwater violations or authorities demand environmental compensation, the legal challenges multiply. Getting documents in order, handling inspections wisely and speaking legally become much harder at this stage.

3 Biggest mistakes that make groundwater complaints weaker

Groundwater complaints are weakened in three ways by citizens.

1. Filing one-page complaints with courts or authority offices without map/address details, supporting photographs, date and names of officer.
2. Trying to get everyone in the neighbourhood punished without knowing the exact location and extracting user.
3. Accusing the building next door based on hearsay without any proof.

The biggest mistakes in handling groundwater defence by businesses includes.

• Thinking old is always legal.
• Relying on oral permissions from clerks.
• Confusing domestic use category with commercial use or construction use.
• Continuing the same activity after having received a show cause notice from the authority.
• Misusing groundwater when authorities have already sent a notice.
• Thinking police will solve your groundwater issue.

Penalty of ignoring groundwater-related rules?

Ignoring groundwater extraction rules can have short-term benefits for businesses who don’t plan to operate long-term in that location. It can create unfair benefit to opponents who don’t share tanker water equally in RWAs. Society members can get angry. Your neighbours may get water connections you can’t. Tenants may overdraw water and cause depletion without your knowledge. Environmental harm can worsen by not taking local action.

Customers and home buyers who ignore groundwater problems during buying process may face larger possession and maintenance disagreements with builders later. Groundwater can become a small problem planted by builders during legal disputes to justify slow office action or illegal construction allegations.

Landlords who ignore tenant activity can get caught during inspection if a tenant digs up a borewell or extracts groundwater without permission. Tenant agreements should cover compliance roles and responsibilities of both parties wherever practical.

Guide to handling groundwater extraction cases concludes with this question:

When should you contact a lawyer for groundwater/seepage extraction issues?

Seek legal advice when groundwater is being used by –

• Commercial establishments.
• Bulk users like restaurants serving water to members.
• Users accused of having illegal borewell.
• Project entities who have received a notice from authorities.
• Builders or projects facing sealing orders.
• Projects which have been directed to pay environmental compensation.
• Projects which are already in NGT or face a possible NGT complaint involving groundwater extraction.
• When water extraction complaint involves builder or neighbouring society differences, or RWA who are filing complaint against building.
• Projects related to industrial setup, mining activities needing expertise in handling industrial project clearances or mining laws.
• Infrastructure projects where groundwater is used for construction and may fall under rigid regulations by some states.
• Projects with construction dewatering issues where pumps were used to lower water table to basement level.
• Repeat offenders where local authorities have taken no action on your previous complaints.
• Customers not sure about which authority has jurisdiction over groundwater extraction complaints.
• Clients who have sent multiple complaints to CGWA, State authority or district magistrate without any action.

If you are the complainant, legal advice can help structure suspicion into a well-documented evidence based complaint.

If you are a business or project entity, a legal review can prevent mistake admissions and incomplete replies to authority notices.

If you are an RWA, legal advice can help handle member complaints efficiently and shield office bearers from allegations of harassment or bias.

Advocate BK Singh & Advocate Sadhna Singh assist groundwater related clients with focus on –

• Documents. Documents mean proofs and record of communications.
• Authority route. Sometimes complaints go to wrong offices in India due to entry level inspection officer’s bias.
• Self compliance audit. Are you even following the rules your complaint is based upon?
• Practical relief. Clients have the option to settle disputes where possible.

Advocate BK Singh & Associates handles groundwater extraction related queries by advising citizens, RWAs, builders at dispute with homeowners, buyers and societies, industries receiving false tanker theft complaints, hotels and multiplexes paying unfair water charges, schools providing water to children during summer, commercial establishments exploiting groundwater resources, property owners causing depletion during construction, and small businesses by offering legal advice based on strong documentation and lawful handling of each matter.

Clients looking to handle groundwater extraction cases in India can begin at this page.