Unauthorised constructions on riverbed: Supreme Court notice to 3 ministries, CPCB, CWC

The Supreme Court on Monday issued notices to the Ministry of Environment, Forest and Climate Change, Ministry of Jal Shakti, Ministry of Earth Sciences, Central Water Commission, and Central Pollution Control Board (CPCB) on a PIL highlighting unauthorised constructions on riverbed and their adverse impacts on environment, ecology and public health.

A bench led by CJI DY Chandrachud asked the respondent ministries, departments/commissions/boards to respond in three weeks to the PIL filed by Ashok Kumar Raghav, a former Director General of Police, Uttarakhand, who wanted the court to ban all unauthorised constructions and encroachments on riverbeds, floodplains and catchment areas of all rivers.

Citing news reports linking illegal mining, flash floods and landslides in Himachal Pradesh and Punjab to illegal encroachments on riverbeds, Raghav has sought directions to demolish all unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers, water courses and water channels, including the tributaries and restore them to their original forms.

On behalf of Raghav, advocate Akash Vashishtha submitted that increasing illegal and unauthorised constructions/encroachments on floodplains and catchment areas of rivers and water courses have become the biggest cause of devastation across India.

The PIL sought directions to notify the 2015 draft of the River Conservation Zone (RCZ) Regulation without any further delay and demarcation of the floodplains of all rivers, water courses and water channels within a time-bound period not exceeding three months. The draft RRZ proposes to establish River Conservation Zones (RCZs) to prevent encroachments on rivers and floodplains.

Citing the Composite Water Management Index report of the Niti Aayog, the petitioner stated that India was suffering from the worst water crisis in its history.

“According to a reply tendered by the Minister of State for Jal Shakti in Lok Sabha on March 23 last year, the per capita water availability in the country is fast reducing due to increasing population,” the PIL pointed out.

A PhD on Environmental Impact Assessment (EIA) of Magnesite mining in Central Indian Himalayas, Raghav is a fellow of the Royal Geographical Society of London and the Bioved Research Society and had been the Vice-Chancellor of APG Shimla University, Shimla.  He was conferred with Green Award of Doon Ratna Series ‘Shivalik Ratan’ under the aegis of Uttarakhand Citizen Council jointly by the Governor, Chief Minister and Lokayukta of Uttarakhand for research work on the degradation of the Himalayan environment.

Raghav urged the top court to intervene and grant legal protection to all rivers, including tributaries, as well as water courses and water channels, and floodplains and catchments thereof to ensure water and ecological security for the people of India.