‘Greed over development’: NGT orders demolition of constructions encroaching on Rajasthan’s historic lake

The bench lamented that the elite class and its greed, in the name of development, has already destroyed cities and is now moving towards the areas rich in natural flora and fauna including forests, lakes, rivers, streams, i.e., different types of water bodies and wetlands.

“Commercial or residential construction projects do not need vicinity of wetlands or water bodies etc., as a necessity but Promoters/PPs/Developers normally choose such sites so as to increase salability and commercial value of their projects/constructions,” the tribunal noted.

It directed the state government and the collector concerned to ensure that all such constructions/encroachments are removed.

“We deem it apposite to direct the state government and the concerned collector to ensure that all such constructions/encroachments are removed. The official respondents shall remove such constructions and encroachments and file a compliance report,” the bench directed.

Observations

• Article 21 of the Constitution of India protects not only the human rights hut also casts an obligation on human beings to protect and preserve ·a specie becoming extinct, conservation and protection of environment is an inseparable part of right to life.
• India is endowed with extraordinarily diverse and distinctive traditional water bodies found in different parts of the country, commonly known as ponds, tanks, lakes, vayalgam, ahars, bawdis, talabs and others.
• They play an important role in maintaining and restoring the ecological balance. They act as sources of drinking water, recharge groundwater, control floods, support biodiversity, and provide livelihood opportunities to a large number of people.
• In the last few decades, waterbodies have been under continuous and unrelenting stress, caused primarily by rapid urbanisation and unplanned growth. Encroachment of waterbodies has been identified as a major cause of flash floods in Mumbai (2005), Uttarakhand (2013), Jammu and Kashmir (2014) and Chennai (2015).
• Waterbodies are being polluted by untreated effluents and sewage that are continuously being dumped into them.
• Although there are sufficient policies and acts for protection and restoration of waterbodies, they remain insufficient and ineffective.
• Pollution of rivers, water bodies and streams also causes increasing damage to the country’s economy.
• Under our constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself.
• Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law.
• The municipal corporation is not justified in taking the decision to construct the commercial shops on the periphery of the pond.
• In view of settled legal position this tribunal has scintilla of doubt that the corporation has exceeded its authority while passing such resolution.
• The right to the people to live in the healthy environment with minimum disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agriculture land and undue affection of air, water and environment.
• These constructions near water bodies or forest areas etc. are not as a necessity to provide shelter to homeless needy people or development to economy in general but virtually a part of luxury life for those who can afford.

Background

• The tribunal was dealing with a plea highlighting the continuous encroachment, industrial waste discharge and pollution by the textile units over the Chandlai lake.
• It was stated that the state government had declared Chandlai lake as wetland in 2023.
• The lake is an over 140 year old inland water body with historical and cultural significance. The dam was constructed somewhere in the year 1872 and this lake is home to 100 of migratory birds.
• The counsel for the applicant argued that the problem of pollution of rivers, water bodies and streams assumed considerable importance and urgency in recent years as a result of the growth of industries and the increasing tendency to urbanisation.

Directions

• The district administration shall ensure that there will not be any encroachment on wetland, construction activities discharge of untreated water or dumping of the garbage/solid waste/plastic waste in the lake.
• The constructions raised during the pendency of this application and already raised previous to this in violation of Section 4 of the wetland rules must be demolished immediately on the cost of municipal corporation.
• Municipal corporation concerned shall prepare a detailed time bound action plan for the restoration of the site that shall be examined by the State PCB and approved by state wetland authority and the state PCB is directed to realise the environmental compensation according to rules and that the amount of compensation must be utilised for the improvement of lake under the supervision of the wetland authority and local administration headed by the collector.
• A time targeted action plan shall be prepared and submitted to regional office, state PCB regarding demolition of pillars and other civil structure constructed inside the lake.
• The guidelines on environment management of construction and demolition Waste, March 2017 issued by Central Pollution Control Board may be adopted and applied.
• Sign boards and caution boards should be installed at suitable place regarding restricted zone.
• Immediate actions shall be taken by municipal corporation for performing cleaning of the lake and its boundary should be identified, demarcated and fenced to restrain any unauthorised dumping of solid/ plastic waste.
• There must be a provision of treatment plant to treat the water and municipal corporation shall ensure installation of STP/CETP and also proper functioning of STP or engage the experts to maintain the existing CETP already installed and process be completed as soon as possible i.e., within three months.