Uttarakhand High Court
Himadri Jan Kalyan Sansthan vs State Of Uttarakhand And Others on 11 June, 2018
Author: Rajiv Sharma
Bench: Rajiv Sharma, Lok Pal Singh
WPPIL No.116/15 Hon'ble Rajiv Sharma, J.
Hon'ble Lok Pal Singh, J.
Mr. Kartikey Hari Gupta, Advocate, for the petitioner.
Mr. S.S. Chauhan, D.A.G., for the State. Mr. Lalit Sharma, Advocate, for the respondent no.4.
Ms. Menka Tripathi, Advocate, for the respondent no.5.
Mr. Piyush Garg, Advocate, for the respondent no.6.
Mr. D.S. Patni, Advocate, for the respondent no.7.
A question of grave public importance has been raised in this petition. A startling revelation has been made that the respondent nos.5, 6 and 7 are dumping muck in an unscientific manner directly into the rivers. The identified sites were washed away in the floods in the year 2013. Dumping of muck and excavated material has changed the course of rivers causing immense loss to life and property.
The scope of the writ petition was enlarged with the consent of parties.
The Ministry of Environment, Forest and Climate Change, Govt. of India and Uttarakhand Environment Protection and Pollution Control Board have sanctioned the sites but the muck was not disposed of at these sites.
Petitioner, which is a registered society, has sought information from the revenue agencies. The revenue agencies have highlighted that the muck was not disposed of in a scientific manner on the identified muck sites. In the agreement entered into between the State Government and the respondent nos.5, 6 and 7, there was a specific clause that the disposal of muck/excavated material would be disposed of in a scientific manner after approval from the Ministry of Environment, Forest and Climate Change, Govt. of India and the Uttarakhand Environment Protection and Pollution Control Board.
The muck and excavated material is dumped into the river directly to save the cost of transportation. The free flow of rivers is impeded. The pollution has been caused by the muck and excavated material. It has caused immense damage to the rivers' ecology and surrounding areas. The need of the hour is sustainable development. The companies involved in hydro-electric projects and developers cannot be permitted to use the rivers as dumping sites. The dumping sites are to be specifically provided for and the muck and excavated material can only be stacked/stored away from the river banks. The rivers have an inherent and natural right to flow in length as well as in width. The Court can take judicial notice of the fact that the dumping of muck and excavated material has caused flash floods. The level of river bed has increased. The Alaknanda and Mandakini are important tributaries of River Ganges. 50% of the Indian population is dependent on the waters of Ganga and Yamuna Rivers for potable water as well as for irrigation purposes. The width of the mighty Rivers Ganga and Yamuna has been reduced to less than 50 meters. The rivers cannot sustain themselves if the sufficient quantity of water is not released from the Dams. It is the duty cast upon the authorities concerned to ensure that at least 15% of the stored water is released downstream into the rivers to sustain themselves. The aquatic life is also dependent on the rivers. The other cause of concern is unscientific and illegal mining operations in the rivers causing immense damage to the fragile ecology of the area.
The National Green Tribunal has also issued the directions to the authorities from time to time not to throw the muck/ excavated material directly into the rivers but the directions till date have not been complied with.
Accordingly, the petition is disposed of with the following mandatory directions:-
A. The Ministry of Environment, Forest and Climate Change, Govt. of India, Uttarakhand Environment Protection & Pollution Control Board and Revenue Agencies, are directed to identify suitable muck disposal sites 500 meters away from the river banks for disposal of muck and excavated material within three weeks from today on utmost urgent basis. The muck shall be deposited/stacked only on the identified muck sites by putting up sign boards. Till the disposal sites are identified and become operational, till then, all construction activities/widening of roads on the river banks in the State shall remain stayed. B. The District Magistrates throughout the State of Uttarakhand are directed to ensure that no muck, debris or excavated material is dumped directly into the rivers by any hydro-electric company, developers and the authorities responsible for construction of roads. C. The State authorities and private operators are directed to ensure minimum 15% flow of water immediately downstream of the weir/barrage/dam for downstream requirement of the riparian owners.
D. The State Govt. is further directed to ensure that in the environment clearance including forest clearance, the provision is made for providing muck disposal sites in all the existing and new projects coming up on the river banks.
E. The State Government is directed to take suitable action and coercive steps against the persons including companies, government authorities, involved in the dumping of muck/excavating material into the rivers directly in an indiscriminate manner, forthwith.
All pending applications stand disposed of accordingly.
(Lok Pal Singh, J.) (Rajiv Sharma, J.) 11.06.2018 Rdang