Legal Implications of Violating CGWA Guidelines

CGWA performs several regulatory functions for regulations of groundwater development in India as per the Legal Implications of Violating CGWA Guidelines, that is compulsory in India to apply for NOC (no objection certificate). If you are drawing over 10 cubic meters of groundwater, especially for industrial usage. Apart from this to overcome the groundwater extraction in the country in supersession of all the earlier guidelines issued by Central Ground Water Authority, Ministry of Jal Shakti, they prepared an SOP that will act as a guiding document for workflow and fast-tracking the process of issuance of NOC.

SOP involves the workflow and fast-tracking of the process, various chapters describe the procedures for processing the applications, Legal Implications of Violating CGWA Guidelines, eligibility, timeline, various charges, and a checklist of mandatory documents required for existing/ fresh and renewal applications. Moreover, in the SoP an attempt has also been made to elaborate the procedure to be adopted for the imposition of Environmental Compensation and Penalty for illegal groundwater withdrawal. 

Application Fee

Generally, the processing amount payable as fees for NOC issuance remains Rs. 100. The current application fee launched by CGWA for Legal Implications of Violating : 

Penalties and Fines 2024

Groundwater abstraction is the procedure of taking water from a ground source, either temporarily or permanently. Usually. water is used for irrigation or treatment to produce drinking water. Moreover, Central Ground Water Authority Compliance gave Guidelines Legal Implications of Violating if a person doesn’t follow these instructions they may face penalties and fines: 

• Residential apartments, group housing, and government water supply agencies need to pay charges for using groundwater in urban areas. 
• In safe, semi-critical, and critical areas, industries, mining, and infrastructure areas must pay charges based on the amount of groundwater they extract and the assessment unit's category.
• Industries, mining, infrasturtires, and new projects in over-exploited areas also have to pay restoration charges.
• Those in safe locations, who gave NOC before the specified date and implemented 50% or more of annual groundwater withdrawal as recharge, may get a 50% rebate.

• Users not able to adopt recharge measures due to shallow groundwater won't pay a penalty but won't be eligible for rebates
• Users who adopted recharge measures as per guidelines but failed to manage them must pay a penalty of Rs. 1 lakh. Aside from that they still claim rebates during renewals.
• NOC Users who obtained NOC before 24.09.2020 but failed to follow past recharge guidelines must pay a penalty fee of Rs. 1 lakh and won't qualify for rebates.

Prosecution

As per Legal Implications of Violating CGWA Guidelines 2024, a serious violation may lead to legal actions that can result in court proceedings and a person can suffer from extra charges and potential imprisonment.

• Seal illegal wells
• Disconnect the electricity supply to the energized well
• Grievance redressal related to groundwater.  
• Launch prosecution against offenders etc.

Cancellation of Permits and Licenses:

Any permits or licenses granted for groundwater extraction valid term of 2 years for all the assessments. If you want to obtain CGWA NOC the  Mandatory Processing Fee - is Rs. 10,000  for Fresh NOC. The unit may be canceled or revoked in cases of non-compliance with CGWA guidelines and if your permit validity is expired the renewal charge is Rs. 5,000/.

Rules to Get NOC from CGWA?

If you use more than 10mcubic cubic for industry usage then you have to apply for NOC. furthermore, you might require to install the loT-based groundwater monitoring system which may cost you as much as 2 Lakhs or more.

Infrastructure Projects Are Not Eligible For Seeking An NOS

Legal Implications of Violating CGWA Guidelines are not implemented in 7 major industries or areas that are:

• Special Economic Zone
• Metro Stations/ Railway Stations/ Bus Depots
• Hospitals & Nursing Homes
• Educational Institutions including schools, colleges, universities, coaching institutes, training centers/ skill development centers 
• Airport, Seaport, Logistics, Cargo & Warehouse
• Highway Infrastructure
• Fire Station

Process To Apply for an NOC application

Here are the documents you are required to apply for NOC applications moreover you strictly follow the Legal Implications of Violating CGWA Guidelines to run a business smoothie with penalties and charges.

• Application in Form 28
• Certified copy of the certificate of registration
• Certified copy of the certificate of insurance
• Evidence of payment of motor vehicle tax up-to-date
• Pollution under control certificate
• Chassis & Engine Pencil Print
• Signature Identification of the owner