On October 14, the Supreme Court issued a notice in a Public Interest Litigation (PIL) filed under Article 32 of the Constitution, addressing illegal constructions and encroachments on floodplains and catchment areas. The PIL highlights the dire consequences of such unauthorized developments, including extensive devastation, loss of life, and damage to properties due to floods, alongside the collapse of essential infrastructure like roads and bridges.
The bench, consisting of Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, has agreed to examine the issue raised in the petition. The petitioner primarily argues that the Central Government, particularly the Ministry of Environment, Forest & Climate Change and the Ministry of Jal Shakti, has failed to take necessary actions to protect rivers from illegal constructions and encroachments under the Environment (Protection) Act, 1986.
One of the key concerns raised in the petition is the significant delay in notifying the River Conservation Zone (RCZ) or River Regulation Zone (RRZ), a notification that has been pending for nine years, dating back to 2015. The first draft was released in 2011, yet the long-awaited formal notification has not been issued. The petitioners contend that this delay has facilitated unchecked illegal constructions along rivers.
“The issuance of the River Conservation Zone (RCZ)/River Regulation Zone (RRZ) Notification has been pending for the last nine years, since 2015. The first draft River Regulation Zone (RRZ) was issued in 2011,” the petition asserts.
The petition raises alarm over the impact of such illegal constructions on rivers nationwide, pointing out that many water bodies are disappearing and facing severe pollution, which threatens groundwater resources and biodiversity. “Several rivers across the country are critically impacted and threatened, teetering on the brink of disappearance due to unregulated and unchecked illegal constructions and encroachments along their riverbeds, floodplains, and catchments,” it states. Such actions have led to water pollution, obstructed groundwater recharge, and diminished the ecological flows necessary to sustain river ecosystems.
The document further highlights that the drying up of rivers and their tributaries has led to alarming water scarcity, posing a significant threat to national water security and the survival of future generations. Citing a 2018 report by Niti Aayog, the PIL warns that India is currently facing its worst water crisis in history.
“According to the Composite Water Management Index report prepared by various government ministries in 2018, India is suffering from the worst water crisis in its history,” it states. The petition also notes that the per capita water availability in the country is rapidly diminishing due to increasing population pressures, as indicated in a reply from the Minister of State for Jal Shakti in the Lok Sabha.
The PIL specifically points out that illegal constructions and encroachments on riverbeds, floodplains, and catchments of rivers such as the Beas and its tributaries directly violate Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974, aimed at preventing and controlling water pollution. Most of these unauthorized constructions have been established without obtaining the mandatory Consents to Establish and Operate required under Section 25 of the same Act.
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The urgency of the issues raised in the petition is underscored 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, with reports of infrastructure collapses emerging from states like Himachal Pradesh, Bihar, and Uttarakhand, further demonstrating the potential dangers posed by these illegal constructions.
In light of these concerns, the petitioners are seeking several reliefs from the Supreme Court, including:
- A writ directing the demolition of all illegal and unauthorized constructions on riverbeds, floodplains, and catchments.
- Legal protection for rivers and associated water bodies.
- Prompt notification of the River Conservation Zone (RCZ) Regulation.
- Demarcation of floodplains by States/UTs within a specified timeframe.
- Urgent measures to prevent further illegal constructions.
- Continuous monitoring of riverbeds and floodplains using satellite and aerial surveillance.
- Establishment of a River Monitoring Committee to oversee all river-related activities.
The Supreme Court’s attention to this critical issue reflects a growing awareness of the need for effective governance and regulation to protect India’s rivers and ensure the ecological balance essential for sustainable development. As the nation grapples with water crises, the court’s deliberations on this PIL could play a pivotal role in safeguarding these vital natural resources.
