In an interim relief, the Delhi High Court has directed de-sealing of one of the four bore wells of Delhi Gymkhana Club that had been sealed by the authorities for being placed at a distance of less than 150 metres from each other.
The club, as per its petition, has been operating five bore wells in two clusters, one having three and another situated 200 metres away having two.
Justice Vibhu Bakhru said that since the Sub Divisional Magistrate (SDM), Chanakyapuri, had allowed one bore well from the first cluster to operate, one from the second can also be permitted to be used for the club's water requirements.
"It is clarified that the aforesaid direction is only an ad interim measure and would not preclude the petitioner from seeking further relief on the next date of hearing," the court said and listed the matter on November 13.
The court also issued notice to and sought response of the Delhi Pollution Control Committee (DPCC) and North MCD on the club's plea challenging the SDM's November 1 order directing sealing of four of its five bore wells being operated since 1970.
The club, in its petition filed through advocate Shri Venkatesh, has contended that the SDM's order and decision to seal the bore wells was without jurisdiction as the authority for the same vests in the North MCD.
It has also contended that the SDM's decision is also in violation of a recent order of the National Green Tribunal (NGT) which had directed the competent authority to decide the club's application for operating bore wells.
The SDM had passed the order while deciding the application of the club seeking permission for operating its bore wells.
On September 24, the National Green Tribunal had directed the club to submit the application for obtaining permission to operate the bore wells within two weeks.
NGT had also directed the club to pay Rs 10 lakhs to North MCD for operating five bore wells in its premises.
