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Observations and Directions

23. In view of the above, further steps in the light of earlier orders of the Tribunal, including the order dated 18.12.2019 need to be taken and monitored at the level of Chief Secretaries of the States. In terms of order of this Tribunal in OA 673/2018, River Rejuvenation Committees (RRCs) have been constituted in all States having polluted river stretches. Their working is to be monitored by the Chief Secretaries periodically. There is also monitoring by the Ministry of Jal Shakti. As reported by the Oversight Committee constituted by this Tribunal for U.P., such monitoring is essential but is not taking place. The position is not clear for the States of Jharkhand, Bihar and W.B. It is difficult to say that the monitoring at level of Chief Secretaries is taking place in the said States. This needs to be ensured. There is no appearance before this Tribunal for the said States which obstructs this Tribunal from verifying important information. We wish the States had taken the matter with more seriousness instead of neglecting it in this manner. We also feel that there should be periodic joint meetings of the Chief Secretaries of the concerned States to consider vital issues like pooling of human resources and sharing best practices for rejuvenation of Ganga, particularly preventing discharge of sewage and other pollutants therein directly or in its tributaries or drains connected thereto. There is need to take a holistic approach of treating river Ganga as a single entity and eco-system which requires pooling of fiscal resources by different stakeholders. Project of making Ganga pollution free needs serious attention of all States at highest levels. Joint meetings of concerned Chief Secretaries can be convened by the NMCG and Secretary Jal Shakti. Already, this Tribunal has directed interaction by the Ministry of Jal Shakti (MoJS) and CPCB with all States on the subject of pollution of rivers and ensuring that no pollutants are discharged in river bodies. NMCG also can join such monitoring. There are operative action plans prepared by RRCs. The action plans supposedly aim at achieving norms of water quality upto bathing standards by suitably reducing the levels of BOD and Faecal Coliform and taking other steps. The RRCs may consider availing of CSR schemes by involving the willing corporate entities and entrusting particular stretches to particular entities to the extent viable. As already directed, the specified flood plain zones need to be handed over to the Forest Department for plantations for which CAMPA funds can also be utilised. The Forest Department may also explore community involvement in restoration and development projects, including raising of plantations, developing bio-diversity parks and artificial wetlands. Utilisation of MGNREGA funds also need to be considered, apart from other sources of funding. We direct the NMCG and Secretary Jal Shakti to convene a meeting of concerned Chief Secretaries after clearly identifying action points needing focus under relevant heads and notifying to the Chief Secretaries within two weeks. NMCG can be the nodal agency and CPCB may also join. The Chief Secretaries may compile their respective feedback and have an effective interaction and joint discussion. First meeting may be held within one month preferably by 25.09.2020 on such date as MoJS, NMCG and CPCB may fix. Thereafter such meetings may be held atleast once in three months with specific targets. This Tribunal has involved four former Chief Secretaries in monitoring of river cleaning projects in Delhi, Punjab, Haryana and U.P. DDA has adopted certain measures in Yamuna cleaning which may be found worth consideration in dealing with Ganga cleaning. It will be open to the NMCG/Secretary Jal Shakti/CPCB to invite the said four retired Chief Secretaries and the Vice Chairman DDA as special invitees for inputs which may be of relevance for Ganga cleaning. Meetings can be virtual so long as physical meetings are not viable or necessary. A Joint Committee of NMCG, MoJS and CPCB may look into the issue of flood plains demarcation and protection in the State of Bihar and interact with the State of Bihar.

(e) West Bengal: The river Ganga is perennial river of Bengal. The environmental flow is maintained in the river Ganga through the release of water from Farakka Barrage throughout the year.

11.6 Flood plain demarcation: That the Flood Plain demarcation/ Zoning is required to be done by the State Governments concerned. In this regard the provisions of the Authority's Order, 2016 also mandate the State Government to identify and demarcate the flood plains in the concerned State. This Hon'ble Tribunal in its various orders has also directed that till the action is taken by the State Government, the criterion of 1 in 25 years HLF shall be taken into consideration for flood plain demarcation/zoning. As per the information furnished to NMCG, the action taken by the State Government with respect to demarcation, protection and management of floodplain area of the river Ganga is as following:

NMCG has suggested the Govt. of U. P. for geo-tagging of stone pillars delineating flood plain area of the rivers. This will guard against physical damages to the pillars as geo- tagged pillar locations can always be accurately traced by simple dGPS tools and remain unaffected by physical damages.

(c) Bihar: That the State of Bihar in its report has submitted that considering the densely populated northern plain terrain and embanked river in the State, the directions pertaining to flood plain zonation is not applicable in case of Bihar and the State Government is contemplating to approach the Hon'ble NGT in this regard.