State Has Constitutional Duty To Protect & Restore Water Bodies: Supreme Court

The Supreme Court on Tuesday (July 16) observed that the State has the constitutional duty to not only protect water bodies within the state but also to restore those water bodies which have been illegally filled in.

A bench of Justice Abhay S Oka and Justice Augustine George Masih ordered the State of Uttar Pradesh to constitute a committee of senior officials to investigate instances where water bodies have been illegally filled in Tehsil Nagina, District Bijnor, UP.

“We must record here with a great deal of emphasis that it is the paramount duty of the State not only to protect the ponds/lakes/water bodies in the State but also to ensure that ponds/lakes/water bodies, which have been illegally filled in, are restored. It is the Constitutional duty of the State to do so. The Committee appointed by the Secretary, Ministry of Environment, will make a note of this obligation on the part of the State”, the court stated.

The court was dealing with an appeal by one Mirza Abid Beg against and order of the National Green Tribunal (NGT). Before the NGT, the appellant had highlighted instances where ponds, lakes, and water bodies in Tehsil Nagina, District Bijnor, Uttar Pradesh, were being filled with garbage and subsequently encroached upon for illegal constructions. The NGT, in its brief order, acknowledged the veracity of these claims in at least one instance, recording that that a portion of the garbage dumped in the pond has been removed.

Expressing dissatisfaction with the NGT's handling, the Supreme Court opined that the NGT should have kept the application pending for further scrutiny. Subsequently, the Court directed the Secretary of the Ministry of Environment, Uttar Pradesh, to constitute a committee within three weeks.

This committee, comprising senior officials from the Revenue Department, Environment Department, and State Pollution Control Board, is tasked with investigating the appellant's grievances comprehensively.

The committee's mandate includes examining old revenue records to verify the existence of the ponds, lakes, and water bodies mentioned in the appellant's application. It is also instructed to conduct onsite visits to these locations and propose measures for their restoration. Initially focused on Tehsil Nagina, the committee's scope may later expand to cover additional districts.

The Court further ordered that copies of the committee's reports be submitted to it through the State of Uttar Pradesh, with the first report due by November 15, 2024.

The Court mandated that the appellant be given advance notice of inspection dates, allowing his presence during site visits. However, this permission is strictly limited to the appellant alone, without accompaniment by any other persons.

The Supreme Court scheduled the next hearing on November 22, 2024 to consider the committee's findings and progress in the matter.

Case no. – Civil Appeal No(s). 1904/2020

Case Title – Mirza Abid Beg v. State of UP & Ors.

Citation : 2024 LiveLaw (SC) 488

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