NGT Orders The Constitution Of Joint Committee To Analyse The Damage To Riverine Ecology Due To Illegal Constructions On Floodplains Of Mahanadi River

The Joint Committee will comprise of the representatives from the following:

• Central Water Commission (CWC)
• Nominees of Ministry of Environment, Forest and Climate Change
• Central Pollution Control Board
• National Institute of Hydrology, Roorkee
• State Pollution Control Board

BACKGROUND

NGT in an earlier order dated 16.03.2020 sought a report from a Committee comprising of representatives of the State Water Department on the issue of illegal construction activities on Mahanadi river. These activities comprised of construction of Hanuman Temple, graveyard, market complex etc. in view of the same, the Committee filed a joint inspection report on 24.07.2020 wherein it observed that the construction of temple and other establishments in 'No Development Zone' and 'Active Flood Plain Area' is illegal and its construction should not be allowed by the Administration. The report also suggested that the floodplain area falls under a prohibited activity zone as it comprises of the most important component of river ecosystem and also act as filter improving water quality providing habitat to wildlife.

When the matter came up for consideration before the NGT on 20.08.2020, it was found during the hearing that such constructions and illegal encroachments might be taking place at other floodplain locations of Mahanadi river which included the proposed construction of SCB Medial College. A report was then filed by the Committee on 11.12.2020 where it was found that some of the areas were encroached by slum dwellers and other shopkeepers.

The applicant in the case had then filed a response to the report indicating the potential damages done to the river ecology of Mahanad and Kathjodi rivers due to the proposed construction projects in their floodplain zones. The applicant in the response has stated that the said Medical College will reclaim 25 acres of land from the Mahanadi River and that the official twitter handles of District Administration show that it had already began the beautification of the Riverfront in the name of 'BARFI Project' wherein the sand which is being dredged from the river was filled in the river area close to embankment which in turn led to the elevation in height of the riverbed.

The applicant mentioned that the continuous incidents of encroachment in the form of construction of temples, parking areas, markets and other OTDC river infrastructure projects had led to the elevation of river bed due to the dumping of debris and solid waste into the river.

The bench while noting the response filed by the applicant said that "The response filed by the applicant shows that new campus of SCB medical college is proposed on 25 acres of land reclaimed from the river. The Mahanadi River Front project involves change of nature of the river land. Encroachment of Kathajodi and Mahanadi rivers and constructions in floodplain area may adversely affect the riverine ecology."

OBSERVATIONS OF THE BENCH

The bench observed that due to the lack of any central legislation to regulate the prohibition of construction activities on river floodplains, there is an urgent requirement to take precautionary measures to ensure the safety of river ecology. The bench also took note of the model bill of 1975 circulated by the Ministry of Water Resources which could never be formulated into a law. The Bench however observed the legislations of other Indian States which regulate the construction activities on the floodplains including the states of Maharashtra, Manipur and Uttarakhand.

The bench relied on the observations of the Apex Court in the case of Mantri Techzone Pvt. Ltd. vs. Forward Foundation & Ors. (2019) wherein restrictions were imposed in the construction activities of Revised Master Plan of Banglore in catchment areas of the lakes. It also relied on the case of M.C. Mehta vs. Union of India & Ors (2017) wherein the NGT was of the view that "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."

It was observed that even if there is an absence of any proper legislative and administrative measure by the State of Odisha on the subject, the NGT is obligated to give effect to the precautionary principle in environment law under sec. 20 of NGT Act, 2010. The bench also took note of some articles of 2018 wherein the incidents of damage to the floodplains harming the riverine ecosystem due to the lack of legislative measures had been published.

The bench had also directed the Committee to identify the extent of floodplain zone from the edge of the Mahanadi river and also ordered the CPCB to be the nodal agency for compliance of the order.

"The Committee may complete its exercise within four months. The members of the Committee are free to interact by video conferencing or otherwise. If any grievance with regard to violation of environmental norms survives, the applicant will be free to take any further remedies as per law." The bench ordered.

Case Name: Dilip Kumar Samantaray v. State of Odisha Board & Ors.