Full Text
HIGH COURT OF DELHI
R.K. KAPOOR ..... Petitioner
Through: Petitioner in person.
Through: Ms. Hetu Arora Sethi, ASC with Ms. Saumya Tandon, Advocate for R-1.
Mr. Siddhant Nath and Mr. Akshay Pratap, Advocates for DDA.
Mr. Ajay Vikram Singh, Advocate for Delhi Jal Board.
Ms. Puja Kalra, Standing Counsel for MCD/ NDMC.
Ms. Beenashaw Soni, Standing Counsel with Ms. Mansi Jain and Ms. Aun Joseph, Advocates for SDMC.
HON'BLE MR. JUSTICE SANJEEV NARULA
JUDGMENT
1. The current Public Interest Litigation (PIL) revolves around the pressing concern of water conservation in the National Capital Territory (NCT) of Delhi, specifically focusing on implementation of rainwater harvesting initiatives. The petition outlines a series of remedies aimed at fostering a comprehensive approach to address the issue of rainwater harvesting.
2. The Petitioner asserts that Delhi experiences an average annual rainfall of approximately 611 mm, with a significant 80% of this precipitation occurring within a short span of three months (July to September). The city encounters only 20 to 30 days of substantial rainfall – each involving more than or equal to 2.[5] mm of rainfall. Given this limited and erratic rainfall pattern, there arises a critical need to institute water conservation measures, pertinently, rainwater harvesting, to replenish the depleting natural aquifers. Rapid urbanization and a burgeoning population have led to the accelerated exhaustion of Delhi's existing water reservoirs. As far back as 2000, the city faced a demand for 3,324 million litres of water per day (MLD), while only an estimated 2,034 MLD was available. Today, this demand-supply gap has exponentially widened, underscoring the urgency of the situation. This widening gap has spurred the extensive extraction of groundwater, further compounding the water crisis.
3. The Petitioner further contends that Delhi relies on three primary sources of water: (i) surface water, including the Yamuna river, Ganga canal, and Bhakra canal, with 60% of the supply originating from the Yamuna river;
(ii) sub-surface water, drawn from wells and tube wells, which is replenished by rainfall; and (iii) groundwater reserves. The data alarmingly reveals that the rate of ground water withdrawals currently outpaces the rate of natural replenishment in various parts of the city. The Petitioner relies on a report by the Central Ground Water Board (CGWB) which highlights that Delhi's groundwater levels have plummeted by 8 meters over the last two decades, descending at an average rate of 10 feet per year. Equally concerning is the deteriorating quality of groundwater, rendering it unsuitable for human consumption in several Delhi localities. Adding to these woes, unequal distribution of water resources across different areas is exacerbated by deficient sewage systems and clogged drains that obstruct the natural restoration of the water table.
4. In light of the aforementioned challenges, the Petitioner strongly advocates for widespread adoption of rainwater harvesting practices, urging authorities to implement them rigorously across government and private buildings, as well as infrastructure installations. Furthermore, he emphasizes the necessity of making rainwater harvesting mandatory for all new construction projects as a crucial step towards water conservation. The advantages of rainwater harvesting are manifold, encompassing a reduced reliance on water imports from other regions and a decreased dependency on groundwater resources. Notably, the cost-effectiveness of rainwater harvesting systems adds to their appeal, as they incorporate simple components such as storage tanks and pipes. The Petitioner also points out successful implementation of rainwater harvesting practices in various states within India, including Tamil Nadu, Rajasthan, and Maharashtra, as well as in other countries like Sri Lanka, the United Kingdom, and Israel, underscoring the viability of this approach.
5. It has also been highlighted that Delhi's management of water resources and wastewater falls under the jurisdiction of the Delhi Jal Board (DJB), which has identified potential new water sources such as Tehri, Renukal, Kishau Lahawar dams, and has even planned the establishment of sewage treatment plants (STPs) to enhance the capacity for wastewater treatment. While DJB has acknowledged the importance of rainwater harvesting, its practical implementation has seen limited impact on the ground. The petition also cites media reports indicating that resident welfare associations were willing to engage in rainwater harvesting initiatives yet were discouraged by the absence of a centralized authority empowered to grant final approval for such projects. Recognizing the crucial role of private individuals involved in new construction projects, the Petitioner emphasizes the necessity of their active participation and contribution to rainwater harvesting efforts to ensure successful execution.
6. This PIL was set in motion back in 2014, and during the hearing on 20th August of the same year, the representative of the Delhi Jal Board (DJB) presented a detailed note containing the multifaceted measures taken to foster the adoption of rainwater harvesting. These measures included implementing rainwater harvesting in 151 DJB installations, extending financial support for 172 cases in the institutional category, offering technical guidance through the Rain Water Harvesting Cell established by DJB, providing rebates on water tariffs to encourage rainwater harvesting and waste water recycling systems, and mandating the installation of rainwater harvesting systems in plots of 500 sq.m. or more, as per the Delhi Water & Sewer (Tariff and Metering) Regulations, 2012. Furthermore, DJB engaged NGOs to enhance public awareness and encourage community participation in rainwater harvesting initiatives. DJB supported these claims with an affidavit. Subsequently, on 04th February, 2015, the Court concluded that broader publicity and further efforts were essential to implement rainwater harvesting in government buildings, wherever it was feasible. DJB informed the Court that it was considering proposals to implement rainwater harvesting not only in government structures but also in private buildings. Additionally, DJB submitted another report detailing a comprehensive media plan aimed at raising awareness about rainwater harvesting and the status of wastewater recycling. On 12th August, 2015, the Court directed DJB to provide a comprehensive status report while specifying the challenges encountered during implementation. DJB complied by submitting a report that contained correspondence with other government departments to advance the implementation of rainwater harvesting systems. The report indicated that teams were assembled by various departments and civic agencies to inspect rainwater harvesting systems in hospitals, hotels, malls, commercial complexes, and flyovers. DJB had imposed penalties on 11,679 users during the August-September billing cycle of 2015 for non-compliance with regulations regarding rainwater harvesting in plots measuring 500 sq.m. and more. Furthermore, the report referenced a notification dated 28th July, 2001[1] issued by the Ministry of Urban Development and Poverty Alleviation, Government of India [hereinafter “2001 Notification”], which introduced amendments to the Building Bye-Laws of 1983. This notification mandated the incorporation of rainwater harvesting systems in all new buildings on plots of 100 sq. m. and above, and required buildings with a daily minimum discharge of 10,000 litres or more to include wastewater recycling systems for horticultural purposes. The relevant portion of the 2001 Notification reads as under: “MODIFICATIONS
1. Clause 22.[4] Part-III (Structural Safety and Services) of the Building Byelaws 1983.
2. 22.4.[1] Water harvesting through storing of water runoff including rain water in all new buildings on plot of 100 sq. mtrs. and above will be mandatory. The plan submitted to the local bodies shall indicate the system Notification No. N-11011/9/98-DDVI (Pt.)/DDIB. of storm water drainage along with points of collection of rain water in surface reservoirs or in recharge wells. These provisions will be applicable as per the public Notice (s) of Central Ground Water Authority issued from time to time.
3. 22.4.[2] All building having a minimum discharge of 10,000 litres and above per day shall incorporate waste water recycling systems. The re-cycled water should be used for horticultural purposes.”
7. Expanding on this, the report highlighted that civic agencies/ bodies responsible for approving building plans were taking measures against individuals who did not adhere to the Building Bye-Laws stipulation of constructing rainwater harvesting structures in buildings situated on plots measuring 100 sq.m. and above. The report further noted that the implementation of rainwater harvesting systems faced challenges due to the prevalence of smaller plots, and haphazard development and construction in unauthorized colonies.
8. On 04th May, 2016, the South Delhi Municipal Corporation (Respondent No. 3) along with the East Delhi Municipal Corporation, North Delhi Municipal Corporation, and Delhi Pollution Control Committee were impleaded as parties (Respondents No. 5, 6 and 7, respectively). Subsequently, on 13th July, 2016, the New Delhi Municipal Council and Central Ground Water Authority were also included as parties in the proceedings (Respondents No. 8 and 9, respectively). These newly added respondents were instructed to submit affidavits detailing their efforts in implementing rainwater harvesting. In response, the Municipal Corporations filed action reports and counter-affidavits, asserting their active engagement in monitoring and implementing rainwater harvesting measures on plots of 100 sq.m. and above, as outlined in the 2001 Notification. The affidavit from the North Delhi Municipal Corporation highlighted the “Green Building” norms applicable to plots larger than 105 sq.m. as prescribed in Chapter 10 of the Unified Building Bye Laws for Delhi 2016, notified by the DDA. These norms encompass various measures, including rainwater harvesting, waste water recycling, solar energy utilization, and waste management. The Central Ground Water Authority's affidavit emphasized that while DJB remained the central water management authority in Delhi, directions had been issued to all states to adopt measures for artificial groundwater recharge, promote rainwater harvesting, and implement schemes for groundwater recharge from rainfall runoff.[2] The New Delhi Municipal Council submitted a short reply, revealing the presence of 219 rainwater harvesting pits within their jurisdiction, with plans for an additional 218 pits, of which construction contract for 97 pits had already been awarded. These pits, employing the CGWB-recommended ‘modular type rainwater harvesting system’, were situated along roads, in parks, and within buildings. The response further noted that completion certificates were being granted exclusively upon verification of compliance with building bye-laws concerning rainwater harvesting implementation.
9. On 23rd August, 2017, while noting DJB’s strategy of resorting to random inspections and imposing fines for non-compliance, the Court observed the absence of an effective monitoring mechanism to assess the tangible results of existing rainwater harvesting systems. Consequently, the Government of NCT of Delhi (GNCTD) was directed to convene a joint meeting involving relevant agencies, such as the Municipal Corporations, New Delhi Municipal Council, Cantonment Board, DDA, Land & Direction No. 32-1/CGWA/2005-219, dated 08th August, 2006; Direction No. 26-1/CGWA/D1/09-744 dated 08th October, 2009. Development Office (Central Government), and Railways. The purpose of the meeting was to formulate guidelines for the implementation of rainwater harvesting programs across different categories of properties and to establish robust monitoring mechanisms. In alignment with this directive, the Principal Secretary (Urban Development) of GNCTD formed a Sub-Committee headed by Chief Engineer (Planning Water) DJB, with Superintendent Engineer (Planning) of DJB serving as the Member Secretary. This Sub-Committee, also comprising of members from other agencies[3], submitted a comprehensive report on 30th January, 2018 [hereinafter “Sub-Committee Report”]. In Paragraph 5 of the Sub-Committee Report, 12 key recommendations and decisions were presented, including:
10. On 31st January, 2018, while taking the Sub-Committee Report onrecord, the Court directed the Secretary (Urban Development) of GNCTD to submit an affidavit outlining a clear schedule and mechanisms for the execution of the recommendations mentioned in the said report. In response, GNCTD filed an affidavit on 13th March, 2018, which contained GNCTD’s correspondences with various agencies specifying the suggested timelines for implementation of the Sub-Committee’s recommendations. Since no comprehensive details on the actual implementation of the recommendations were provided, on 14th March, 2018, the Court took a proactive stance. On this date, it directed all Municipal Corporations to issue notices to all properties listed, which had not adhered to the established norms for implementing rainwater harvesting measures. On 09th May, 2018, the Court was informed that East Delhi Municipal Corporation had dispatched more than 700 notices with specified compliance timelines and in view thereof, other Municipal Corporations were also directed to file similar reports. South Delhi Municipal Corporation also submitted an action report thereafter, revealing that they had sent out 344 such notices to property owners spanning various zones.
11. Subsequently, on 25th July, 2018, the Court directed the Sub- Committee to explore the feasibility of rainwater harvesting through the utilization of rain and storm water drains. In response thereto, the Department of Urban Development, GNCTD, submitted an affidavit dated 14th September, 2018, disclosing that although South Delhi Municipal Corporation and Irrigation and Flood Control Department, GNCTD were undertaking implementation of Paragraph 5(iv) of the Sub-Committee’s Report, however, other authorities[4] were yet to initiate action concerning the same. In response, the Court took definitive steps on 20th September, 2018, by directing the Chairperson of the New Delhi Municipal Council, the Chairman of DDA, and the Chief Executive Officer of DJB to nominate officers accountable for ensuring compliance with Paragraph 5(iv) and other recommendations from the Sub-Committee. Furthermore, these authorities were tasked with identifying suitable locations for installing rainwater harvesting systems that would harness storm water drains. The appointed officers were also entrusted with the responsibility of monitoring the execution of these initiatives. Additionally, the Court mandated civic agencies and authorities to prevent the discharge of sewage or contaminated water into Namely, East Delhi Municipal Corporation, Public Works Department, North Delhi Municipal Corporation, Delhi Development Authority and New Delhi Municipal Council. storm water drains.
12. In response to this order, New Delhi Municipal Council, DDA, and DJB filed affidavits detailing the designated nodal officers along with the progress made in implementing rainwater harvesting systems.
GNCTD also submitted a brief affidavit indicating that all civic agencies were actively taking steps to implement the recommendations of the Sub-Committee. A status report from the Public Works Department (PWD) was submitted in line with the order dated 20th September, 2018. The report comprehensively outlines the implementation status of rainwater harvesting systems in various buildings maintained by PWD in Delhi. It also underscores that implementing rainwater harvesting systems in storm water drains will be contingent upon establishing measures to prevent the mixture of sewage effluents in these drains. An additional affidavit was presented by DJB, emphasizing that Municipal Corporations, DDA, and other land-owning bodies were independently pursuing measures to halt the flow of untreated sewage into drains. DJB’s efforts include the establishment of ‘interceptor drains’ to address this issue. The affidavit clarifies that DJB's sewage network is not intended to discharge into storm water drains, and collaborative efforts are being made to enhance sewage management in areas under the jurisdiction of various agencies. DJB’s affidavit also highlights the incorporation of a wastewater recycling system in the building bye-laws of Delhi, in line with the 2001 Notification, specifically for properties with a daily discharge of 10,000 litres or more. Furthermore, individuals with decentralized STPs, who utilize suitably treated water for non-potable purposes, are eligible for a 90% rebate on sewer maintenance charges, in addition to a 15% rebate on water bills for properties featuring both, rainwater harvesting systems and decentralized STPs.
13. The Petitioner, on 27th November, 2019, provided a copy of the rainwater harvesting scheme implemented in Chennai, a copy whereof was handed over to the learned counsel representing the Respondents for review. The Petitioner emphasized the need to establish rainwater harvesting systems as a mandatory practice in all schools and government buildings throughout Delhi. Responding to this, counsel for GNCTD highlighted that the building bye-laws mandate rainwater harvesting for all new constructions on plots measuring 100 sq.m. or more. Additionally, it was pointed out that due to the relatively limited duration of rainfall in Delhi, occurring over approximately 45 days a year, some individuals are hesitant to invest substantial amounts in a system that would yield benefits for only a brief period. Nevertheless, concerted efforts were underway to enhance public awareness regarding the advantages of rainwater harvesting, and multiple locations were earmarked for the creation of water bodies for storage of water. The counsel for the New Delhi Municipal Council, also drew attention to the uneven withdrawal of groundwater across different localities in Delhi. This phenomenon resulted in certain areas having under-exploited underground water tables, while others suffered from over-exploitation. Consequently, water was being drawn from areas with under-exploited groundwater and channelled to the nearest water treatment plant for further use, which illustrates the complex dynamics of water management in the city.
14. Following this, the Department of Urban Development, GNCTD, and DJB filed separate status reports on 10th January, 2020. These reports provide a comprehensive overview of various aspects, including a comparison between rainwater harvesting systems in Chennai and Delhi, the current status of rainwater harvesting system installations in schools, colleges, and government buildings, ongoing public awareness initiatives, and efforts related to water body restoration. It was identified that distinct rainfall patterns exist in Chennai and Delhi, leading to the conclusion that Delhi's existing rainwater harvesting system, based on a ‘simple modular design technique’, is the most suitable for its conditions. The monitoring of rainwater harvesting system implementation in schools and colleges within NCT of Delhi is being conducted in accordance with directions from the Hon'ble National Green Tribunal in O.A. 217/2016.[5] A committee, led by the Member (Water Supply) of Delhi Jal Board, has been tasked with overseeing this effort. Out of a total of 4805 schools and colleges, rainwater harvesting systems have been implemented in 3595, while construction is underway in 489, and initiation of construction is planned in 519 institutions.
15. Concerning government buildings, DJB has been entrusted with installing rainwater harvesting systems in buildings not managed by the PWD. PWD, on the other hand, is responsible for installing these systems in buildings under its care. The reports acknowledge that urbanization has led to the deterioration of several water bodies in Delhi. As a response, DJB and the Irrigation and Flood Control Department have initiated the revival and rejuvenation of 250 water bodies in total (155 by DJB and 95 by the Irrigation and Flood Control Department). Notably, DJB envisions the creation of water bodies on vacant lands in areas such as Dwarka, Pappan Kalan, Nilothi, Rohini, and Timarpur. In addition, DJB is actively conducting public awareness campaigns through various means such as print media, workshops, Mahesh Chandra Saxena v. Ministry of Urban Development and Ors. exhibitions, and seminars to promote information dissemination about rainwater harvesting programs.
16. The Respondents have provided a comprehensive update on the substantial measures taken to address the concerns raised in this PIL. The Sub- Committee Report, in conjunction with subsequent affidavits and status reports, reveals an array of actions aimed at promoting rainwater harvesting and alleviating water scarcity concerns. The combined efforts of DJB and GNCTD, marked by installation of rainwater harvesting systems across both private and public structures, along with reinvigoration of water bodies are appreciable. The development of manuals by CGWB and CPWD, offering guidance on artificial groundwater recharge structures and enabling individuals to seek necessary approvals, also represents a valuable stepforward. The inclusion of rainwater harvesting mandates within building byelaws further underscores the commitment to water conservation. DJB's introduction of water tariff rebates as incentives for rainwater harvesting and wastewater recycling systems serves as demonstration of their commitment to the cause. Importantly, the civic agencies and municipal corporations responsible for approving building plans have taken on the role of ensuring adherence to these mandatory provisions. This comprehensive framework, establishing the implementation of rainwater harvesting systems as a standard practice throughout Delhi, underscores the keenness of the State and Central Government to mandate implementation of rainwater harvesting systems, wherever feasible.
17. The aforementioned advancements lead us to contemplate the culmination of the current proceedings, with few reflections and directives. The urgency of water conservation has never been more paramount than in the dynamic urban landscapes of the present era. As cities grow with burgeoning populations and expanding infrastructure, the need for water escalates in tandem. The symbiotic relationship between urban development and water resources is evident; the very growth that drives progress necessitates measures to safeguard the finite and indispensable resource of water. Urbanization, characterized by sprawling constructions, impermeable surfaces, and increased water consumption, strains existing water sources, leading to concerns about scarcity and depletion. In this context, the significance of rainwater harvesting as a viable solution cannot be overstated. Integrating rainwater harvesting systems into urban planning represents a sustainable response to the challenges posed by modern urbanization. By harnessing rainwater, which would otherwise go underutilized or contribute to flooding, cities can augment their water supply, alleviate stress on conventional sources, and mitigate the environmental repercussions of urban expansion. Rainwater harvesting not only presents a pragmatic response to water scarcity but also embodies a harmonious co-existence between urban growth and ecological integrity, where development harmonizes with the conservation of vital natural resources.
18. The discussion on this subject would be incomplete, without acknowledging the unprecedented recent weather events of 2023 in Delhi. This year, the northern regions of India encountered heavy and sporadic rainfall that led to flooding across several states, including certain parts of Delhi. The deluge that inundated Delhi, magnifies the relevance of proactively anticipating and preparing for extreme weather events, which are becoming increasingly commonplace due to climate change. This recent occurrence underscores the critical need for continued vigilance, preparedness and strict-monitoring and implementation of recommendations outlined in the Sub-Committee Report referred above. It is equally crucial for the authorities to explore innovative strategies for water conservation, especially given the unpredictable and evolving weather patterns. The challenge now lies in harnessing the potential of rainwater harvesting systems and aligning sewer, drainage, and water storage systems to maximize the efficiency of rainwater utilization, regardless of the nature of the precipitation—be it excessive or intermittent. This integrated approach is indispensable to bolstering water conservation efforts.
19. Thus, while substantial progress has undoubtedly been made, the evolving landscape of the Delhi, where urbanization and climate change intersect, amplifies the urgency of water conservation. The unwavering commitment of concerned authorities, to this cause, is thus imperative. Rainwater harvesting should be seamlessly integrated into the city's climate resilience planning. To achieve this, the authorities must continually explore innovative strategies, adapt to evolving conditions, and proactively confront emerging challenges. A persistent focus on educating the public and resident welfare associations about the advantages of rainwater harvesting, coupled with practical implementation guidance, can catalyze a cultural shift towards sustainable water practices. Respondents must periodically review empirical data on implementation of rain water harvesting measures to ascertain whether their efforts are producing tangible results and take corrective measures, if so required.
20. This Court acknowledges the commendable efforts of the Petitioner in bringing the crucial matter of rainwater harvesting to the forefront.
21. Disposed of.
SANJEEV NARULA, J SATISH CHANDRA SHARMA, CJ AUGUST 18, 2023 d.negi