Notify river conservation zones and prevent illegal constructions on river banks: PIL in Supreme Court

The Supreme Court on Monday (October 14) issued a notice in a petition filed under Section 32 against illegal constructions and encroachments on floodplains and catchment areas.

The PIL highlights the serious consequences of these illegal constructions, including widespread devastation, loss of life and property damage caused by flooding. It also highlights the collapse of vital infrastructure such as roads and bridges due to these unauthorized developments.

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to look into the matter.

The petitioner mainly argued that there is an alleged failure of the central government, particularly the Ministry of Environment, Forests and Climate Change and the Ministry of Jal Shakti, to protect the rivers from illegal constructions and encroachments. . The petition argues that these ministries have failed to take necessary steps under the Environment (Protection) Act, 1986, to safeguard river ecosystems.

He pointed out that there was a significant delay in the notification of River Conservation Zone (RCZ) or River Regulation Zone (RRZ). This notification has been pending for nine years, since 2015, although the first draft was issued in 2011. The petitioners claim that this delay has contributed to the uncontrolled growth of illegal constructions along the rivers.

“The issuance of River Conservation Zone (RCZ)/River Regulation Zone (RRZ) notification has been pending for nine years, since 2015. The first proposed River Regulation Zone (RRZ) has was published in 2011.”

Concerns have been raised over the impact of these illegal constructions and encroachments on the country’s rivers. Several water bodies are disappearing and facing pollution and loss of groundwater and biodiversity

“Several rivers, across the country, are seriously affected and threatened and are on the verge of disappearing due to unregulated and uncontrolled illegal constructions and encroachments on and along their beds, floodplains and catchment areas, which among others, cause water pollution, obstruct and eliminate groundwater recharge, reduce vital ecological flows necessary for the maintenance and preservation of the river ecosystem, destroy river biodiversity (and the entire food web/ food chain that is there).”

The drying up of rivers and their tributaries has led to severe water shortage, threatening the country’s water security and the survival of future generations. The PIL cites a 2018 report by the Niti Aayog and various government ministries, according to which India is facing the worst water crisis in its history.

“According to the Composite Water Management Index report, jointly prepared by the Niti Aayog, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Ministry of Drinking Water and Sanitation and the Ministry of Rural Development in 2018, India is suffering from the worst water crisis in its history.

The petition adds that according to a reply dated 23.03.2023, presented by the Minister of State for Jal Shakti in the Lok Sabha, the per capita availability of water in the country is rapidly decreasing due to the increase in population.

The PIL points out that these illegal constructions and encroachments on river beds, flood plains and catchment areas of rivers like the Beas and its tributaries directly violate Section 24 (1) (b) of the River Water Act, 1974. water (pollution prevention and control). This law aims to prevent and control water pollution, making such encroachments a serious offense.

Furthermore, he noted that most of these unauthorized constructions were carried out without obtaining the mandatory establishment and operation permits. These consents are made mandatory under section 25 of the Water (Prevention and Control of Pollution) Act 1974.

The urgency of the issues raised in the petition is highlighted by recent instances of natural disasters. Like the disastrous situations observed in 2023, the ongoing monsoon season in 2024 has been marked by numerous catastrophic incidents. Reports of infrastructure collapses have emerged in states like Himachal Pradesh, Bihar and Uttarakhand, highlighting the potential dangers posed by these illegal constructions.

The petitioners requested the following reliefs:

(i) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents, demolishing all illegal and/or unauthorized constructions and encroachments on the river beds, flood plains and watersheds of all rivers, watercourses and water channels, including its tributaries and sub-tributaries, as well as rainwater, and restore them to their original forms;

(ii) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents, granting legal protection to rivers, streams and water channels, including their tributaries and sub-tributaries;

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to notify the River Conservation Zones (RCZ) Regulations, Draft Notification 2015, without further delay;

(iv) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to direct the States/UTs to demarcate the flood plains of all rivers, streams and water channels, including their tributaries and sub-tributaries, after notification of the Regulation on River Conservation Zones (RCZ), within a limited period, not exceeding three months;

(v) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to take urgent action under section 3 of the Environment (Protection) Act, 1986 and issue directions under Article 5, thereunder, not to permit further illegal and/or unauthorized constructions and encroachments on river beds, flood plains and catchment areas of all rivers, watercourses and water channels, including their tributaries and sub-tributaries, as well as storm sewers;

(vi) Issuing a writ of mandamus or other appropriate writ, order or direction to Defendants to launch, as a matter of urgency, satellite, drone or other aerial surveillance and any other mechanism for continuous real-time surveillance online with rooms dedicated controls and appeals. mechanism to prevent and control illegal and/or unauthorized constructions and encroachments on river beds, flood plains and catchment areas of all rivers, streams, water channels and islands and take criminal action against offenders and other affected persons;

(vii) Issue a writ of mandamus or other appropriate writ, order or direction to the defendants to secure the right of passage of every flowing river or body of water, such as a water channel, watercourses , a stream, a canal, rainwater. drain, islands, etc. ; establish an effective monitoring/control system to ensure that no dumping of excavated material or dumping of construction and demolition waste or any other waste is carried out on rivers, canals and watercourses, including including their tributaries, as well as their floodplains; ensure that the same flow takes place without any obstruction/obstacle;

(viii) Issue a writ of mandamus or other appropriate writ, order or direction, constituting a River Watch Committee, to be headed by a former Judge of this Honorable Court, as a permanent and functioning regulatory body, with a multiple committee. a multi-level structural and functional framework for monitoring all activities on or along rivers, streams and water channels, including their tributaries and sub-tributaries;

(ix) Pass such other orders or directions as this Court deems appropriate having regard to the facts and circumstances of this case.

Advisors for the applicants: Mr. Akash Vashishtha, Mr. Rishi Sehgal, AOR and Mr. Midhun Aggarwal

Case Details: ASHOK KUMAR RAGHAV v. UNION OF INDIA AND ORS. WP(C) No. 621/2024