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2) The Temple constructed is situated in 'Active Flood Plain Area' 'No Development Zone' of River Mahanadi.

Flood plain area is 'prohibited activity' zone. The Flood Plain areas are the important component of 'River Ecosystem'. They play multiple roles such as helping absorption of excess water during flood, act as filter improving water quality, habitat for Wild life and also as hollow channel of water course. Encroachment in these areas may lead to diversion in the flow of water le ading to flood in adjacent villages in near future. The incidences of flood in Kerala, Jammu & Kashmir and in Pune last year are due to indiscriminate encroachment of the Flood Plain Area.

"3. From the above, it is clear that the Committee has found violations of law in raising construction in the active flood plain area or no development zone of the river. However, there is no action taken report. If the State authorities have found violations, it is for them to take remedial measures to enforce the law. During the hearing, it has also transpired that such encroachments may be taking place at other locations on the flood plains of the river, including near the Cuttack Medical College or near the Bali Yatra Ground.

to regulate and prohibit activities in the floodplains. There are guidelines by some other States also.2 There are also norms for no development zone, restricted zone in the floodplains of the rivers in Gujarat as referred to in order of this Tribunal dated 21.09.2020 in OA 50/2018(WZ), Nav Yuva Sanghatan & Ors. vs. The Secretary, Narmada, Water Resources, Water Supply & Kalpsar Department & Ors.

9. The Wetlands (Conservation and Management) Rules, 2017 prohibit any permanent constructions within 50 meters of the Wetlands, from the mean high flood level in the past 10 years from the commencement of the rules. There are also similar restrictions in certain Master Plans like the Revised Master Plan of Bangalore referred to in Mantri Techzone Pvt. Ltd. vs. Forward Foundation & Ors. (2019) SCC Online SC 322.restricting constructions in catchment area of the lakes. We are also not aware of the legislative and administrative measures in the State of Odisha on the subject of regulating and prohibiting activities in the floodplain zones of the rivers in the State , but such an exercise appears to be necessary to give effect to the precautionery principle of environmental law, required to be enforced by this Tribunal under section 20 of the NGT Act, 2010.

14. Vide judgement dated 13.07.2017 in OA No. 200/2014, M.C. Mehta vs. Union of India & Ors. reported in 2017 NGTR (3) PB 1 in the context of river Ganga, it was observed:

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142. Being an integral part of the river, floodplain of the river requires protection. Floodplains play significant role in maintaining the bio-diversity and aquatic life of the river. It's significance cannot be overlooked, in terms of environment and ecology. There are numerous dimensions involved while identifying the floodplains. It is required to categorize it into different zones, namely, No Development Zone, Regulated Zone and a Free Zone for development. The principle of Sustainable Development itself justifies the classification of floodplains into such zones for protecting the river. This Tribunal in the case of Manoj Misra (supra) had the occasion to deal with the concept of floodplain, its zoning and management."