National Green Tribunal
Drupad Malik vs Secretary Urban Improvement Trust Kota on 14 February, 2024
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.130/2023(CZ)
(I.A.No.03/2024)
Drupad Malik & Ors. Applicant(s)
Vs
Secretary, Urban Improvement Trust, Respondent(s)
Kota (Rajasthan) & Ors.
Date of Hearing: 14.02.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Mr. Drupad Malik and
Mr. Giriraj Agarwal
(Applicant in Person)
For Respondent(s) : Mr. Rohit Sharma, Adv.
Mr. Shoeb Hasan Khan, Adv.
Mr. Swadeep Singh Hora, Adv.
ORDER
1. By means of filing this application the complainant/applicant has raised the following issues :
i. "The Chambal River Front Project, Kota (Raj.) is situated in the close proximity to the National Chambal Ghariyal Sanctuary for which mandatory Environment Clearance has not been obtained under Section 7 of Environment (Protection) Act,1986.
ii. The said project poses a significant threat to the critically endangered species residing in the sanctuary, thereby contravening section 29 and 35 of the Wild Life Protection Act, 1972.1
iii. The respondents have commercialized the river bank, obstructing the natural flow or the river, and thereby violating Section 24(I)(b) of the Water (Prevention and Control of Pollution) ACT, 1974.
iv. The installation of high intensity lights and fountains along the river banks can adversely impact the river's ecosystem.
v. The said project raises public safety concerns due to its proximity to the Kota Barrage.
vi. The further contention of the applicant is that the project
has effect of erosion of natural buffer zone,
commercialization at the expense of the conservation, encroachment beyond the high flood level and the obstruction of the natural stream of the river and curtailment to the natural width of the river.
2. Introduction:-
The Chambal River is main tributary of Yamuna River in Central India.
The Chambal River originates from Mahu in the northern ranges of Vindhyachal in Madhya Pradesh and flows about 360 Km in Madhya Pradesh and enters Rajasthan at Chaurasigarh around 96 Km south-
east from Kota. The River flows 965 Km north-northeast through Madhya Pradesh, Rajasthan and Uttar Pradesh. The series of Chambal Valley Projects such as Gandhi Sagar Dam, RanaPratap Sagar Dam.
Jawahar Sagar Dam and Kota Barrage are constructed across the river for power generation and irrigation purposes. The Kota Barrage is the fourth in the series Chambal Valley Projects, located about 0.8 Km upstream of Kota city in Rajasthan to create storage 99 IVICM. This 305m long barrage has height 37m, operates 19 gates to control flow of flood during monsoon_ The downstream tail channel of the barrage has stable high banks. To create 3km long small reservoir immediate 2 downstream of the barrage, a causeway is constructed for recreation purpose. This river flows through prominent Kota city having historical significance, the Urban Improvement Trust Kota, Rajasthan desired river front developments works along both the banks downstream of the barrage up to the existing causeway.
The gates of the barrage are operated during monsoon each year.
During monsoon in the year 2019 the maximum flood 7.2 lass cusec was released. This downstream reach has three numbers of bridges up to the causeway_ The Urban Improvement Trust (UIT) Kota has proposed an Anicut (weir) about 300 m upstream of existing causeway. With the river front development works on the bank and proposed an Anicut (weir) it is required to predict the water levels and velocity in this reach to assess any adverse effect on existing bridges and performance of barrage and appurtenant works. The Urban Improvement Trust (UIT) Kota has proposed to conduct the composite (3D) model study of proposed river front development works to GERI Vide letter no, F.9/EE(P)/2020- 211137, dt.15107/2020. The relevant topographical data were furnished to GERI along with the terms of reference of model study.
This is the only perennial river of Rajasthan, has deep gorge, stable banks and clean water flows through Kota city. The Rajasthan government is planning to take up unique river front development works along the banks of Chambal river downstream of Kota Barrage to promote ecotourisiiri_ This includes creation of 3 Km_ long reservoir within the banks. The reservoir will be created by constructing an Anicut (weir) at the downstream end, and development works on the banks all along the length. The present report covers the studies for calibration/validation of the model, studies of hydraulic parameters in exiting condition of river (without the training walls, development works 3 and an Anicut) and studies with the training walls. Development works and an Anicut to assess the impact of proposed development works on performance of barrage structure and exiting bridges.
3. Terms of Reference:-
Following terms of reference for conducting the hydraulic model study of Kota Barrage with the river front development works were submitted by Executive Engineer Project, the Urban Improvement Trust Kota, Rajasthan Vide letter no. F,9EE-(P)12020- 21/152, dt.08/09/2020 through email.
4. Salient features of Kota Barrage and development works:-
Kota Barrage is constructed in the year 1960 to create 112.06 MCM gross storage for irrigation, water supply, power and other benefits to industries and thermal power plant. Following Salient were furnish by the Urban Improvement Trust Kota (UIT) (obtain from water resource department of Rajasthan Government) along with the proposal to conduct the physical model study.
1. Latitude : 25° 10 N
2. Longitude : 75° 50' E
3. Length of Dam : 551.68 m
4. Overflow length : 304,80 m
5. Non overflow : 246.88 m length
6. Top of Dam : 262.90 m
7. Maximum water : 260.90 m level
8. Full reservoir level : 260.30 m
9. Spillway crest level : 247.50 m
10. Sill level of : 235.36 m reservoir 11 Lowest river bed : 227.38 m level 4 (7.49 lacs cusec), revised
12.Design spillway 2123 m3/s cusec),revised 24953 m3fs discharge (8.81 lacs cusec)
13. No and size of spillway gates: Radial gates 19 no. size 12.2 m x 12.8 m
14. Top bank level (TBL) 262.90 m
15. Tail water level : 238.11 m
16. Length of river front 3000 m
17. Location of Anicut (weir) : 2700 m - D'S of barrage
18.Top level of Anicut (weir) : 235.00
5. The Kota city was facing the flood problems and thus the District Administration/State Government considered to take remedial measures and referred the matter to Gujrat Engineering Research Institute, Narmada Water Resources, Water Supply and Kalpsar Department for study and report vide letter by Urban Improvement Trust, Kota (Rajasthan) and to report on the following points :
1. Maximum flood discharge 881000 cusecs should be passed smoothly & there should be no adverse impact on Kota Barrage.
2. There should be no erosion on both the banks of the Chambal River at the downstream of Kota Barrage while releasing of flood water.
3. Tail water level was RL 249.70 m at the time passing of maximum discharge 709050 cusecs in last year.
4. At maximum flood discharge there should be no adverse effect on existing bridges at ch.0.0 m & 2610 m.
6. The agency examined the matter and submitted the report with recommendation to take remedial measures and accordingly the State Administration / District Administration have taken suitable measures to control the flood. The work was completed and after inauguration the present Original Application has been filed challenging the very construction of the river on the ground that it is a violative of environmental rules and Wildlife (Protection) Act, 1972. It is further 5 contended that the project is situated in close proximity to the National Chambal Gharial Sanctuary and constructed without any Environmental Impact Assessment (EIA).
7. The matter was taken up by this Tribunal on 10.10.2023 and a committee consisting one representative from the CPCB, one representative from the Water Resources Department and one representative from the Rajasthan State Bio Diversity Board was constituted with a direction to visit the site and submit the factual and action taken report.
8. The Members of the Committee visited the site and submitted the report with the facts as follows and the points as raised by the applicant has been replied :-
"Site Visit and Observations:
In order to scrutinize the contentions presented by the applicants, the committee representatives conducted a site visit to the project site on the 8th and 9th of November 2023. During this visit, a thorough examination of the Detailed Project Report was undertaken, with a specific focus on environmental and wildlife conservation considerations, aligning with the provisions of the Wildlife (Protection) Act, 1972. Additionally, the committee took into account the concept of the Eco-Sensitive Zone. The point wise observations/ views of the committee are as below.
a) The Chambal River Front Project, Kota (Rai.) is situated in the close proximity to the National Chambal Ghariyal Sanctuary, for which mandatory Environment Clearance has not been obtained under Section 7 of Environment (Protection) Act 1986.
• As per records made available to the members of joint committee vide UIT, Kota letter No. F9/2023-241314 dated 20.10.2023, the total developed area of the said Chambal River Front is 39.5489 Ha and 19,218.15 sq, meter area is the total built mtrs require prior Environmental Clearance. 6 As per submissions of UIT, Kota, the total developed area of Chambal River Front project is 39.5489 Ha and 19,218.15 sq. meter area is the total built up area, indicating that Environmental Clearance is not required for the project. Further, the UIT has mentioned in their letter dated 20.10.2023 that, they had uploaded the data on Parivesh Portal in the "Know your proposal‟ section, the Portal is showing that no Environmental Clearance is required for the project. (A copy of letter dated 20/10/2023 of UIT, Kota is annexed herewith and marked as Annexure I)
b) The project poses a significant threat to the critically endangered species residing) in the sanctuary, thereby contravening section 29 and 35 of the Wild Life Protection Act, 1972.
Section 29 of Wild Life (Protection) Act,1972 pertains to destruction in a Sanctuary; whereas, Section 35 of Wild Life (Protection) Act.1972 pertains to National Park. Therefore, violations of sections 29 and 35 of Wild Life (Protection) Act,1972 are not tenable. Besides, the project situated outside of sanctuary. It was also learnt that in this particular patch of Chambal River, Ghariyal has never been found. The movement of Ghariyal is generally restricted upto Kesorai patan patch and downstream. Other aquatic fauna such as water birds (River tern, Cormorants, Black winged Stilt, Egret, Heron etc.) were seen in this patch during visit.
c) The respondents have commercialized the river bank, obstructing the natural flow of the river, and thereby violating Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974.
In terms of the unhindered movement of both macro and micro fauna, it remains unaffected, as the flow and continuity of river water persist without any impediment. Consequently, the construction of the safety wall (implemented in steps) and the development of the riverfront have not disrupted the natural flow of the river, thereby ensuring compliance with Section 7 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974.
The Secretary of UIT, Kota, in his letter numbered F- 9/A.A.Project/2020-21/124 dated 03/06/2020, formally requested the Chief Engineer of the Water Resources Zone in Kota for a No Objection Certificate (NOC) to construct a safety wall (in steps) along the stretch from Kota Barrage to Nayapura Bridge on both sides of the river. The purpose of this endeavour was to provide relief to the city from the annual flood occurrences, Prior to granting the NOC, the Water Resources Department suggested conducting a hydraulic model study of the Kota Barrage in conjunction with the River Front development efforts. This study, proposed to be conducted by institutions such as Water Resources Bodhi, Bhopal, or any other recognised institute, aimed to visualize the potential impact of the riverfront project on both the Kota Barrage and the downstream Chambal River. Consequently, the task of conducting this crucial study was entrusted to the Gujarat Engineering Research Institute (GERI).
GERI diligently carried out the study and submitted its comprehensive report to UIT, Kota. Subsequently, the UIT Secretary forwarded the report to the Water Resources Department (WRD) through letter number 277 dated 18.03.2021. On the basis of report of the hydraulic model study presented by GERI, the WRD issued the No Objection Certificate (NOC) to UIT, Kota, vide letter number 4832 dated 12.04.2021. This decision was based on the finding that there were no adverse effects on the functionality of the Kota Barrage and no significant alterations in the water levels downstream of the Chambal River. (A copy of GERI report is enclosed herewith and marked as Annexure-V)
d) The installation of high intensity lights and fountains along the river banks can adversely impact the river‟s ecosystem.
During committee visit some lights were observed at the site 8 and information related to this was asked from UIT. UIT vide their letter dated 19/12/2023 has submitted following details:
The night illumination done at Chambal riverfront is carried out to illuminate the facade wall and pedestrian walk ways which are above reduced level (RL) 250 m from the river.
Further, there is a substantial distance of around 35-40m between light poles and the edges of water on the bank of river which ensures that there is no impact of these artificial lights on the aquatic species. Moreover, energy saving LED lights in the said Project having no glare are installed for illumination on the pathways of the River Front, which do not impact the marine ecosystem. Hence, the artificial lights at night does not disrupts the natural light cycles of the marine species.
These lights are shutdown during night keeping bare minimum illumination required for security purpose only.
e) The said project raises public safety concerns due to its proximity to the Kota Barrage.
The construction of safety wall (in steps) has prevented the nearby habitat from flooding.
f) The further contention of the applicant is that the project has effect of erosion of natural buffer zone, commercialization at the expense of the conservation, encroachment beyond the high flood level and the obstruction of the natural stream of the river and curtailment to the natural width of the river.
The Secretary of UIT, Kota, in his letter numbered F- 9/A.A.Project/2020-21/124 dated 03/06/2020, formally requested the Chief Engineer of the Water Resources Zone in Kota for a No Objection Certificate (NOC) to construct a safety wall (in steps) along the stretch from Kota Barrage to Navapura Bridge on both sides of the river. The purpose of this endeavour was to 9 provide relief to the city from the annual flood occurrences. Prior to granting the NOC, the Water Resources Department suggested conducting a hydraulic model study of the Kota Barrage in conjunction with the River Front development efforts. This study, proposed to be conducted by institutions such as Water Resources Bodhi, Bhopal, or any other accredited institute, aimed to visualize the potential impact of the riverfront project on both the Kota Barrage and the downstream Chambal River. Consequently, the task of conducting this crucial study was entrusted to the Gujarat Engineering Research Institute (GERI). GERI diligently carried out the study and submitted its comprehensive report to UIT, Kota. Subsequently, the UIT Secretary forwarded the report to the Water Resources Department (WRD) through letter number 277 dated 18.03.2021. On the basis of report of the hydraulic model study presented by GERI, the WRD issued the No Objection Certificate (NOC) to UIT, Kota, vide letter number 4832 dated 12.04.2021, This decision was based on the finding that there were no adverse effects on the functionality of the Kota Barrage and no significant alterations in the water levels downstream of the Chambal River. In addition, previous incidents have been noted, specifically on September 15, 2019, when Kota Barrage released a historic discharge of 709,050 Cusecs and the Highest Flood Level (HFL) marked at Nayapura over bridge was recorded at 247.12 meters, the Central Water Commission (CWC), Middle Chambal Sub Division, Kota initiated gauging at Nayapura over bridge in August 2021. This gauging was based on the discharge released from Kota Barrage and the levels achieved from August 2021 to October 2023. The CWC Middle Chambal Sub Division developed a comprehensive General Discharge (GD) Curve.
Based on this curve, the discharge of 709,050 cusecs was calculated, resulting in a level of 247.10 meters. Remarkably, this aligns with the HFL recorded in 2019, confirming the absence of any obstruction in the river flow.
10
On August 23, 2022, Kota Barrage released 520,339.00 Cusecs, and the achieved level was 245.80 meters. Importantly, no flooding occurred on either side of the river from the Barrage to Nayapura bridge after the implementation of the safety wall. In contrast, both sides were subject to flooding before the constriction of the safety wall, Consequently, the construction of the state wall (implemented in steps) and the development of the riverfront have not impeded the river flow, thereby ensuring compliance with Section 24(1 (b) of the Water (Prevention and Control of Pollution} Act. 1974, The safety wail, constructed in steps has effectively prevented nearby habitats from flooding, which was a prevalent issue before its construction. Neither the flow of the river nor catchment has been obstructed.
9. In addition to above, this Tribunal also issued notice to the respondents.
Respondent no. 1 & 2, Secretary Urban Improvement Trust, Kota and Collector Kota have filed the reply. The learned counsel for the State has argued that the said Project is a public project of great importance and was initiated by the answering Respondents to combat the severe water pollution in the Chambal River, immersion of harmful effluents in the Chambal River comprising of 35 Sewage Nallas. The region was also facing the problem of recurring floods in the region on account of the depreciable state of the river banks and old ghats and constructions around the river bank - the health of Chambal river and embankments was in a deprecating state. As a result, the UIT Kota came up with the said Project. The said Project was commenced on 28.05.2020 and it was completed and inaugurated on 12.09.2023. The answering Respondents have given a paragraph wise reply to each of the allegations and submitted additional facts and information that show that the said Project has in fact resulted in environmental upgradation of the Chambal River and has achieved the aforesaid objectives. Application has been filed with unexplained and huge delay. The said Project was highly publicized and commenced on 28.05.2020 and was completed on 12.09.2023. The captioned Original 11 Application has been filed on 23.09.2023 with mala fide intent just after the inauguration of the said Project. The captioned Application thus has not only been filed at a grossly belated stage with unexplained delay and laches but the timing of filing shows oblique motives to hamper a public project constructed after incurring significant cost for extraneous reasons and shows that extraneous considerations are at play.
10. It is further argued that the concerned Chambal River stretch where the said Project is carried out had densely inhabited houses, establishments and settlements towards embankments comprising of rocky strata, with Ghats on the West side and inhabitation with Stone Pitching and Ghats on the East Side of the river. The concerned stretch does not form part of the ravines which is misdescribed in the captioned Application. There are no tributaries or any alluvial basin in the project area and the concerned Chambal River stretch where the said Project carried out comprised of 35 Sewage Nallas and was severely polluted with water quality measuring at BOD 104.52 and COD 402.4 that has now substantially reduced. The crocodile population exists in upstream area of the Kota barrage dam and there were never any crocodiles inhabiting in the part of the stretch where the Project has come up, which is in downstream of the Kota barrage dam. The reports showing before and after water quality of the concerned Chambal River stretch where the said Project is carried out and photographs showing condition of the Chambal River Stretch prior to the said Project is carried out are annexed herewith.
11. Vide Notification dated 20.07.1983, the State of Rajasthan declared a specified area of the Chambal river in Rajasthan as National Gavial Sanctuary (hereinafter "said Sanctuary') for the purpose of protecting, propagating, and developing the species of Gharial (Gavialis). It is pertinent to mention here that the specified area of the said Sanctuary included the downward; terrain of Chambal River starting from Jawahar 12 Sagar Dam to Kota Barrage Dam in Kota. Notably, the said Project is situated on the downstream of the Kota Barrage Dam and therefore, is not at all a part of the said Sanctuary. The construction under said Project is carried out on the pre-existing ghats on the banks of Chambal River, which are outside the drainage basin of the river. The specific contentions of the Petitioners are replied herein below:
a. Erosion of Natural Buffer Zone-
i. That the banks of Chambal River stretch where the said Project is carried out already had pucca public ghats on both sides comprising of solid strata and inhabitation before commencement of the said Project. However, major parts of these ghats were in a broken and dilapidated condition that they in fact posed a threat of soil erosion and consequent risk to the existing residential settlements on the banks of the river. The Respondents state that proper construction of embankments and construction of concrete ghats have in fact prevented soil erosion and increased the width of the Chambal river.
ii. It is further pertinent to note that prior to the said Project, the nearby area/banks of the river experienced severe floods in the year 2019. The river recorded a Highest Flood Level of 249.2 m. Therefore, on public demand and in order to ensure that the said situation does not arise again in future, both banks of the river are constructed with RCC walls which acts as a permanent safeguard to the adjoining inhabitation.
b. Commercialization at the expense of conservation-
i. The Applicants are wrongly characterizing the said Project is a public project centered around conservation of Chambal river while also providing infrastructure to ensure better and cleaner river eco- system and ensure better aesthetics while attracting tourism, as commercialization of the 13 protected area and prioritizing commercialization over conservation. The said phrase is totally misguiding in nature. The said Project have been developed with conservation protection of Chambal river as the guiding factor.
ii. The main purpose of the said Project was to improve the pathetic condition of the quality of water in the Chambal river stretch, its beautification and to prevent flood situations from arising again as they have in the past.
iii. The Project is carried out on the pre-existing ghats on the banks of Chambal River, which are outside the drainage basin of the river. Prior to the said Project, the land was either private property or part of the ruins caused by floods. The Respondents state that concrete steps have been constructed near the drainage basin and some space has been earmarked for food stalls/water/other utilities in order to facilitate movement of residents on the banks of river and to make the river front aesthetic. The said construction is far from the drainage basin of Chambal River and it has been constructed by completely ensuring that it does not disturb the ecological balance in the precincts of the river.
c. Encroachments Beyond the High Flood Level (HFL) i. That the HFL of the River has not been altered on account of the said Project and the same is confirmed in a Model Study conducted by the Gujarat Engineering and Research Institute Vadodara (GERI), a Government Organisation, projecting that construction of the said Project may increase the water level of the river by maximum 0.30-0.40 meter. Moreover, it is pertinent to mention here that post commencement of construction of the said Project, Central Water Commission Middle Chambal Sub-Division, Kota (hereinafter referred to as the "CWC‟) regularly gauged the water level of the river from August 2021 to October 2023 and therefore even after the highest discharge of 709050 14 cusecs water from the Kota Barrage Dam the HFL of the Chambal river was marked at 247.10 meters, which was similar to the HFL marked in 2019 i.e. before commencement of construction of the said Project. The GERI Model Study clearly concluded stating that the "the flow pattern in the river channel was improved with the provision of retaining wall and anicut in position". In fact, the construction of the embankments protects the inhabitants from potential perils contrary to the allegations made in the paragraph in reference.
d. Constriction of the Natural Stream-
i. After completion of the construction of the said Project, width of the Chambal River on the downstream of the Kota Barrage Dam was measured along with Geo-Coordinates by the answering Respondents. It was observed in the said measurements that the average perennial water flow width of the Chambal River has been substantially increased than the erstwhile width before commencement of the said project. The matrix reflecting the said measurements is reproduced herein below for ready reference:
S.N 2020 CORDINATES 2023 CORDINATES
1. 229.60 25:11‟33.21"N 262 25:11‟33.25"N
75:50‟20.40"E 75:50‟19.43"
25:11‟25.68"N 25:11‟27.91"N
75:50‟26.27"E 75:50‟26.87"E
2 238.55 25:11‟25.68"N 265.76 25:11‟28.11"N
75:50‟13.61"E 75:50‟14.85"E
25:11‟21.68"N 25:11‟23.64"N
75:50‟20.89"E 75:50‟22.89"E
3 200.63 25:11‟25.64"N 248.17 25:11‟12.49"N
75:50‟04.96"E 75:50‟03.44"E
25:11‟08.97"N 25:11‟08.50"N
75:50‟10.89" 75:50‟11.16"
4 239.70 25:11‟12.49"N 282.92 25:11‟09.11"N
75:50‟03.44"E 75:50‟00.11"E
25:11‟08.50"N 25:11‟04.14"N
75:50‟11.16" 75:50‟08.62" E
15
5 210.85 25:11‟00.30"N 374.79 25:11‟01.06"N
75:49‟50.84"E 75:49‟50.26"E
25:11‟56.14"N 25:10‟53.61"N
75:49‟56.74" 75:50‟00.86" E
6 416.47 25:11‟52.10"N 402.92 25:10‟55.35"N
75:49‟41.22"E 75:49‟44.03"E
25:10‟43.89"N 25:10‟47.23"N
75:49‟53.06"E 75:49‟55.28"E
7 234.59 25:10‟47.06"N 261.40 25:10‟48.08"N
75:49‟36.49"E 75:49‟36.24"E
25:10‟42.74"N 25:10‟42.72"N
75:49‟43.41"E 75:49‟43.27"E
8 294.82 25:10‟41.99"N 294.82 25:10‟42.08"N
75:49‟30.02"E 75:49‟29.94"E
25:10‟35.70"N 25:10‟35.98"N
75:49‟37.95"E 75:49‟38.01"E
The above chart clearly reveals that the width increased at all cross-sections instead of constricting the natural stream. Therefore, the answering Respondents submit that there is no constriction of the Natural Stream of the Chambal Reiver. In fact, on the contrary the river flow has improved as has been confirmed by the CWC and GERI Model Study.
ii. Further the Google Images for the year 2020 and 2023 also clearly show an increase in the breadth of the water flow where the said Project is carried out.
iii. Construction under the said Project has been carried out either on the land belonging to the government or to private individuals and no part of the construction is carried out on land earmarked as „Gair Mumkin Nadi‟. It is pertinent to mention here that under the said Project, large number of inhabitants residing on the precincts of Chambal river have been resettled by the answering Respondents-UIT. Notably, construction activities under the said Project were carried out on either the already existing ghats on the banks of the Chambal river or on the property belonging to the state 16 government or of erstwhile inhabitants resettled under the said Project. Moreover, as already stated above, construction of the said Project has not obstructed flow of the Chambal river, which was subsequently corroborated by the CWC in its report by observing that the water level of the river after commencement of the said Project is similar to pre- commencement of the said Project. The results of model study carried out by GERI further revealed that the flow pattern in the tail channel downstream of spillway was almost same in the existing condition of bank. Had there been any obstruction in the flow of the river, the water level and flow of the river must have changed. The averments made by Applicants are totally misconceived and based on wrong information and thereby there is no violation of Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974.
iv. The Ministry of Environment and Forest, vide notification dated 14.09.2006, listed out certain specific activities/projects which requires environment clearance from either the State Government or the Central Government. According to clause 8(a) of the schedule of the said notification, only the construction activities having built up area of more than 20,000 Sq. meters or area under development of more than 50 hectares are required to obtain environment clearance from the State Government. In the case at hand, according to the report dated 16.10.2023 of verification of built-up area of Chambal River front by the Rajasthan Technical University, the built-up area of the construction carried out at Chambal River admeasures 19218.50 Sq. meters. The area under development of the said Project also admeasure 39 hectares. The built-up area of the said project is within the permissible limit prescribed under law and hence, the question of obtaining environment clearance does not arise in the first place and the present application deserves to be dismissed in limine. Pertinently, when the answering Respondents applied for obtaining NOCs/Approvals on the "Parivesh" portal maintained by the Ministry of Environment, Forest and Climate Change and inserted project data, the website showed that no environment clearance is required for the said 17 Project. Copy of the report of verification of built-up area of the said Project by the Rajasthan Technical University and screengrab of the "Parivesh" portal are annexed herewith and marked respectively.
v. The said Project was undertaken under the National Mission for Clean Ganga initiated by the Ministry of Jal Shakti, Government of India, for which administrative and financial approval was granted by the Union Government vide letter dated 25.02.2021, with the primary objective to clean Chambal river, wastewater management, solid waste management, and river front development. Before commencement of the said Project, retaining walls were present near the banks of the river to prevent flooding of the residential units in the precincts of the river but owing to their dilapidated condition, the residential houses near the river were often flooded. Multiple ghats and nallahs were constructed by the locals which were flowing directly in to the river through the channels constructed by the local residents on the ghats. Under the said Project, concrete steps on ghats, embankments, retaining walls were constructed and water treatment plants, sewerage lines were laid to improve the health of the Chambal river and remedy the frequently occurring problem of flood water entering into the residential houses in the precincts of the river. No submerged area has been filled under construction of the said Project. The said Project neither disrupts the course of the river nor does it lead to loss of natural habitat in the drainage basin. Further, all construction under the said Project has been carried out in consonance of the HFL mark and no construction has been raised within the flood plains identified based upon the data of last 50 to 100 years. Consequently, the said Project is neither in violation of Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 nor of the Urban and Regional Development Plans Formulation and Implementation (URDPFI) Guidelines, 2014 vi. According to the observation made by the CWC the HFL mark recorded since August 2021 to October 2023 i.e., after 18 commencement of the said Project was similar to the HFL marked before commencement of the said Project. Further, according to the URDPFI Guidelines, 2014 and River Centric Urban Planning Guidelines, no construction can be carried out in the flood plains as per the data of last 50-100 years. In the case at hand, construction for food/water stalls are carried out beyond the flood plains and after keeping the HFL intact.
vii. That it was observed in the model study carried out by GERI that construction of retaining wall and anicut under the said Project has improved the flow of water in the Chambal river. The relevant portion of the said report is reproduced herein below for ready reference "5. From the model observations, it was predicated that the velocities were decreased with the provision of retaining wail all along the length as compared with the velocities observed in existing condition. These observations indicated that the flow pattern in the river channel was improved with the provision of retaining wall and anicut in position."
12. The Water Resources Department had submitted the reply with the facts that the Secretary of UIT, Kota, in his 9/A.A.Project/2020-21/124 formally letter dated requested numbered F- 03/06/2020, the Chief Engineer of the Water Resources Zone in Koza for a No Objection Certificate (NOC) to construct a safety wall (in steps) along the stretch from Kota Barrage to Nayapura Bridge on both sides of the river. The purpose of this Endeavour was to provide relief to the city from the annual flood occurrences. Prior to granting the NOC, the Water Resources Department suggested conducting a hydraulic model study of the Kota Barrage in conjunction with the River Front development efforts. This study, proposed to be conducted by institutions such as Water Resources Bodhi, Bhopal, any other accredited institute, aimed to visualize the potential impact of the riverfront project on both the Kota Barrage and the downstream Chambal River. 19 Consequently, the task of conducting this crucial study was entrusted to the Gujarat Engineering Research Institute (GERI).
13. GERI diligently carried out the study and submitted its comprehensive report to UIT, Kota. Subsequently, the UIT Secretary forwarded the report to the Water Resources Department (WRD) through letter number 277 dated 18.03.2021, on the basis of report of the hydraulic model study presented by GERI, the WRD issued the No Objection Certificate (NOC) to UIT, Kota, vide letter number 4832 dated 12.04.2021. This decision was based on the finding that there were no adverse effects on the functionality of the Kota Barrage and no significant alterations in the water downstream of the Chambal River Levels. In addition, previous incidents have been notes. specifically on September 15, 2019, etten Keta Barrage released a historic discharge of 709,252 Cusecs and the Highest Flood Level (HEL) marked at Nayapura over bridge was recorded at 24.12 meters, the Central Water Commission (CWC), Middle Chambal Sub Division, Kota initiated gauging at Nayapura over bridge in August 2001. This gauging was based on the discharge released from Kota Barrage and the levels achieved from August 2021 to October 2023, The CWC Middle Chambal Sub Division developed a comprehensive General Discharge (GD) Curve.
14. Based on this curve, the discharge of 709,050 cusecs was calculated, resulting in a level of 247.10 meters. Remarkably, this aligns with the HFL recorded in 2019, confirming the absence of obstruction in the river flow. On August 23, 2022, Kota Barrage released 520,339.00 Cusecs, and the achieved level was 245.80 meters. Importantly, no flooding occurred on either side of the river from the Barrage to Nayapura Bridge after the implementation of the safety wall. In contrast, both sides were subject to flooding before the construction of the safety wall. Consequently, the construction of the safety wall (implemented in steps) and the development of the riverfront have not impeded the river flow, thereby ensuring 20 compliance with Section 24 (1) (b) of the Water (Prevention and Control of Pollution) Act, 1974. The safety wall, constructed in steps, has effectively prevented nearby habitats from flooding, which was prevalent issue before its construction.
15. We have examined the reply submitted by the respondent and the report of the Joint Committee in light of the study report. The study reveals the conclusion as follows : -
1. The water level difference in existing condition of bank and with the provision of development works (Retaining wall and Anicut) was marginal 0,3 m to 0.4 m from low to higher discharge 7.2 lacs cusec all along the river reach.
2. The water level variation was 0.4 m along the flow in 2 km river reach, from RL 249.60 m to RL 249.20 m (from ch. 300 m to ch.
2200 m) upstream side of Anicut, at 7.2 lacs cusec discharge against the top level retaining wall at RL 250.00 m. This was the bank full discharge,
3. At the maximum discharge 8.81 lacs cusec (24953 m³/s) the water level varied from RL. 250.00 m to RL 251.50 m all along the length of retaining wall. The water level was 1.5 m above the top of the proposed retaining wall. The spillover all along the length of retaining wall was observed on model at the Probable Maximum Flood.
4. The reservoir level at maximum discharge 8.81 lacs cusec (24320 m³/s) was at RL 262.10 m which was 0.7 m higher than the mathematically derived value RL 261.35 m (design note on flood routing study, Kota). The reservoir level at 7.2 lacs cusec was at RL 260.00 m against the top level of dam at RL 262.90 m.
5. From the model observations, it was predicated that the velocities were decreased with the provision of retaining wall all along the length as compared with the velocities observed in existing condition. These observations indicated that the flow 21 pattern in the river channel was improved with the provision of retaining wall and anicut in position.
6. The velocities along the left bank side were higher than the right bank side for all range of discharges. At the maximum flood 8.81 lacs cusec the velocities varied from 5,61 m/s to 7.43 m/s all along the retaining wall.
7. Higher velocities accrued at ch. 300 m at center and left bank side in spite of river section is relatively wide. This was due to the shooting flow on rock outcrop present on left bank side. The variation of higher velocities was 8 m/s to 10 m/s.
8. At the maximum discharge 8.81 lacs cusec (24320 m³/s) the water levels were below the top level of pier for all three existing bridges at ch. 300 m, ch. 2550 and ch. 2610 m. The encroachment of free board at these bridges was not observed on model. The provision of retaining wall and Anicut was not giving adverse effect on performance of existing bridges. 9. The flow pattern in the tail channel downstream of spillway was almost same in the existing condition of bank & with retaining wall except marginal rise (0.4 m) in water level downstream of spillway in both the cases for all range of discharges 10. At higher floods from 6 lacs cusec to 8.81 lacs cusec, shooting flow with high velocity was observed on the downstream side of Anicut, resulting formation of hydraulic jump. The velocity of flow varied from 8 m/s to 11 m/s in the downstream portion of Anicut. These were the higher velocities immediate downstream of Anicut. Suitable apron is required to be designed considering these velocities of flow.
16. Learned Counsel for the applicant has argued that in the reply and the Joint Committee Report, the construction has been admitted thus remedial actions and measures should be taken by this Tribunal. The contention of the Learned Counsel for the respondent are that the necessary permissions from the competent authorities have been taken by the respondents and the project was constructed in accordance with the parameters laid down by the statutory authorities and environmental 22 rules. The application has been filed with unexplained delay while the project was started in the year 2020 and was completed and inaugurated on 12.09.2023. The said project was highly published in the news papers and after completion it was filed with mala fide intent for extraneous consideration. It is further contended that the challenge to this project and filing of application is influenced by local and internal dispute of Parshad in Ajmer Municipal Corporation and there are criminal offences registered against the aggrieved. The area is densely inhabited houses and being affected by the flood. Thus, remedial actions have been taken by the authorities concerned, so that the flow of the river be maintained and the residential building should not be adversely affected. It is further argued that major part of the ghat were in broken, dilapidated condition which possess a threat of soil erosion and consequent risk to the existing residents of settlement on the bank of river and thus the project is in the interest of public and due care have been taken by the authorities after calling the report from the expert bodies under Narmada Water Resources Department i.e. Gujarat Engineering Research Institute, Govt. of Gujarat and after it has been uploaded on the website of MoEF &CC and necessary permissions from the authorities concerned have been taken according to rules. The study and conclusion reveals that no flooding occurred on either side of the river from the barrage to Nyaypura Bridge after the implementation of the safety wall. The version of the Water Resources Department is that Secretary of UIT has formerly requested the Chief Engineer of the Water Resources Department to take necessary steps and to issue NOC for construction of safety wall and necessary study have been taken by the concerned institute and after due diligence the Water Resources Department had issued NOC vide letter no. 4832 dated 12.04.2021. It is further argued that the alignment which was designated by the Institute resulting in high flow of water and there was no 23 obstruction in the free flow of the water. The construction of the safety wall and the development of the river front have not impeded the river flow and thereby compliance of Section 24 (1) (b) of the Water (Prevention & Control of Pollution) Act, 1981 has been strictly complied. It is further argued that the safety wall has effectively prevented nearby habitats from flooding which was a prevalent issue before its construction.
17. In view of the above facts and report submitted by the Joint Committee in light of the study report conducted by the Gujrat Engineering Research Institute there are no violation of environmental rules or there are no violation of Water (Prevention and Control of Pollution) Act, 1981. Accordingly, no interference in the matter is required by this Tribunal. This Original Application No. 130/2023 alongwith I.A. No. 03/2024 have no merits and deserves to be dismissed and dismissed accordingly.
Sheo Kumar Singh, JM \ Dr. Afroz Ahmad, EM 14th February, 2024 O.A. No. 130/2023 (CZ) PN 24