Indian Kanoon - Search engine for Indian Law

37. Miscellaneous Application No. 1094 of 14 and 27 of 2015 had been filed in Original Application No. 10 of 2015, to contend that there were serious encroachments and construction activities were going on not only within 500 meters but even at the flood plain of the river. Reference has also been made to the fact that in U.S.A the sensitive areas are protected by such demarcation and area within 500 meter of the flood plain has been identified as 'no construction zone'. It is also the contention raised before the Tribunal that the natural calamity in Uttarakhand has largely contributed to huge loss of property and human beings which particularly was immense on the river bank and other ecologically fragile areas. It is submitted that while invoking 'Precautionary Principle' and the 'Doctrine of Public Trust', the Tribunal should put restrictions and Panchayat should not be permitted to grant permissions for indiscriminate construction in these areas. Invocation of the 'Precautionary Principle' is even more necessary keeping in view the impacts of Global Warming on these areas. The Tribunal had prohibited constructions on the flood plains vide order dated 2nd July, 2015. Such restrictions are stated to be necessary even to protect rare or endangered species of Wildlife and Biodiversity, both terrestrial and aquatic.