Rs.25 Crore Fine imposed by NGT on Coca-Cola and Pepsi for illegal extraction of Ground Water, Read Order: The National Green Tribunal has imposed a hefty fine of ₹25 crore as environmental compensation on two companies/bottlers manufacturing products namely, Coca-Cola and PepsiCo, know as Moon Beverages and Varun Beverages for exploiting groundwater for bottling plants in Uttar Pradesh. The NGT's Bench comprising of Justice Adarsh Kumar Goel (Chairperson), Sudhir Agarwal and Brijesh Sethi (judicial members), and Prof A. Senthil Vel and Dr. Afroz Ahmad (expert members) ruled that the bottling plants were functioning without the required NOC (No Objection Certificate) to extract the groundwater in violation of of the environment law of CGWA (Central Ground Water Authority). Recognition of owner’s right to use ground water, we find in Section 7 of Indian Easement Act, 1882 wherein Illustration (g) provides that land owners have the right to collect and dispose of all water under the land within their own limits. Availability of water vis a vis population and activities, was enough. Hence owners right on water was given recognition without any restriction or regulation. Habitation was village centric. It is 20th century urbanization which made drastic change in the life of common man creating various scarcities, most important whereof is water including ground water. In the context of environment, it has been held from time to time that a clean and healthy environment is part of Fundamental Right of life, conferred by Article 21 of Constitution. the Court stated.referring to SUBHASH KUMAR vs. STATE OF BIHAR, 2020 Latest Caselaw 606 SC. The Court also mentioned Narmada Bachao Andolan Vs. Union of India and others, 2017 Latest Caselaw 115 SC, M.C. Mehta Vs. Union of India, 2021 Latest Caselaw 196 SC. The Court also enlisted various statutes in different States that concerns around reservation and management of water as a resource. The Companies, in the present mater have also been found guilty of breaking one of the terms of their licenses as they failed to meet their requirements to recharge groundwater. The Tribunal in the judgement opined that that PPs [Project Proponents] will have to pay environmental compensation for the abstraction of groundwater after the expiry of NOCs and failing to recharge groundwater as per the condition of NOCs. In furtherance of the matter, the Tribunal constituted a joint Committee comprising of CPCB, CGWA, UPGWD, and UPPCB to conduct a survey in the State of U.P. and prepare data of various categories drawing groundwater for commercial purposes, study impact assessment, suggest ways and modes reduce groundwater extraction in OCS areas, and how groundwater level can be improved. The Committee may induct any other expert as it may find necessary. The District Magistrate of the concerned district where the Committee would visit, shall also be a member of the Committee. UPPCB shall be the nodal authority.
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