Notify River Conservation Zones, Prevent Illegal Constructions On River Banks : PIL In Supreme Court

The Supreme Court on Monday (October 14) issued notice in a writ petition filed under Article 32 against the illegal constructions and encroachments on flood plains and catchment areas. 

The PIL highlights the severe consequences of these illegal constructions, including widespread devastation, loss of lives, and damage to property caused by floods. It also points out the collapse of vital infrastructure such as roads and bridges due to these unauthorized developments.

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to consider the issue. 

The Petitioner has mainly contended that there is an alleged failure of the Central Government, particularly the Ministry of Environment, Forest & Climate Change and the Ministry of Jal Shakti, to protect rivers from illegal constructions and encroachments. The petition argues that these ministries have not taken necessary actions under the Environment (Protection) Act, 1986, to safeguard river ecosystems.

It stressed that there has been a significant delay in notifying the River Conservation Zone (RCZ) or River Regulation Zone (RRZ). This notification has been pending for nine years, since 2015, despite the first draft being issued in 2011. The petitioners argue that this delay has contributed to the unchecked growth of illegal constructions along rivers.

"The issuance of the River Conservation Zone (RCZ)/River Regulation Zone (RRZ) Notification is pending for last nine years, since 2015. The first draft River Regulation Zone (RRZ) was issued in 2011." 

Concerns were raised about the impact of such illegal constructions and encroachments on the rivers of the Country. Several water bodies are disappearing and facing pollution and loss of ground water and biodiversity

"several rivers, across the country, are critically impacted and threatened and are on the brink of disappearance due to the unregulated and unchecked illegal constructions and encroachments on and along their riverbeds, floodplains and catchments, which inter alia, causes water pollution, obstructs and eliminates ground water recharge, reduces the vital ecological flows necessary to maintain and preserve the river ecosystem, destroys the riverine biodiversity (and the entire food-web/food-chain therein)."

The drying up of rivers and their tributaries has led to serious water scarcity, posing a threat to the nation's water security and the survival of future generations. The PIL cites a 2018 report by the Niti Aayog and various government ministries, which states that India is facing its worst water crisis in history.

"According to the Composite Water Management Index report, prepared conjunctively by the Niti Aayog, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Ministry of Drinking Water & Sanitation and the Ministry of Rural Development in 2018, India is suffering from the worst water crisis in its history."

The petition adds that as per  a Reply, dated: 23.03.2023, tendered by the Minister of State for Jal Shakti in the Lok Sabha, the per capita water availability in the country is fast reducing due to increasing population. 

The PIL highlights that these illegal constructions and encroachments on riverbeds, floodplains, and catchments of rivers like Beas and its tributaries directly violate Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974. This Act aims to prevent and control water pollution, making such encroachments a serious legal offense.

Furthermore, it  noted that most of these unauthorized constructions have been carried out without obtaining the mandatory Consents to Establish and Operate. These consents are mandated under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974. 

The urgency of the issues raised in the petition are evidenced by recent instances of natural calamities. Similar to the disastrous situations witnessed in 2023, the ongoing monsoon season of 2024 has seen numerous catastrophic incidents. Reports of infrastructure collapses have emerged from states like Himachal Pradesh, Bihar, and Uttarakhand, highlighting the potential dangers posed by these illegal constructions.

The petitioners has sought for the following reliefs : 

(i) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents, demolishing all illegal and/or unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers, water courses and water channels, including the tributaries and sub-tributaries, thereof, and the storm water drains, and restore the same to their original forms;

(ii) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents, granting legal protection to the rivers, water courses and water channels, including the tributaries and sub-tributaries, thereof;

(iii) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents to notify the River Conservation Zone (RCZ) Regulation, 2015 Draft Notification, without any further delay;

(iv) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents to direct the States/UTs to demarcate the floodplains of all rivers, water courses and water channels, including the tributaries and sub-tributaries, thereof, after the notification of the River Conservation Zone (RCZ) Regulation, within a time-bound period, not exceeding three months;

(v) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents to take urgent measures under Section 3 of the Environment (Protection) Act, 1986 and issue directions under Section 5, thereunder, not to allow any further illegal and/or unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers, water courses and water channels, including the tributaries and sub-tributaries, thereof, and the storm water drains;

(vi) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents to launch, on urgent basis, satellite, drone or other aerial surveillance and other continuous real-time, online monitoring mechanism with dedicated control rooms and redressal mechanism for preventing and checking the illegal and/or unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers, water courses, water channels and islands and initiate criminal prosecution against the offenders and other persons concerned;

(vii) Issue a writ of mandamus or any other appropriate writ, Order or direction to the Respondents to ensure the Right to Way of every river or a flowing water body, such as a water channel, water courses, stream, canal, storm water drain, islands etc.; set up an effective surveillance/monitoring system to ensure that no muck dumping or dumping of Construction & Demolition Wastes or any other wastes is being carried out on rivers, water channels and water courses, including tributaries, thereof, as well as their floodplains; ensure that the same flow without any obstructions/impediments;

(viii) Issue a writ of mandamus or any other appropriate writ, Order or direction, constituting a River Monitoring Committee, to be headed by a Former Judge of this Hon'ble Court, as a permanent, working regulatory body, with a multi-tier structural and functional framework to monitor all activities on or along the rivers, water courses and water channels, including the tributaries and sub-tributaries, thereof;

(ix) Pass any other or further Order(s) or direction(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case.

Counsel for the Petitioners : Mr. Akash Vashishtha, Mr. Rishi Sehgal, AOR and Mr. Midhun Aggarwal

Case Details : ASHOK KUMAR RAGHAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 621/2024

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