NGT flays ‘greedy elite class’ on alarming ruin of water bodies, wetlands; ‘Aravallis destroyed, Bengaluru lakes vanishing’

Justice Sheo Kumar Singh (judicial member) and Sudhir Kumar Chaturvedi (expert member) of the NGT were hearing a plea by a temple council in Rajasthan over the alleged pollution of a “sacred pond”.

“It is a concerted effort by greedy elite class to cause destruction of nature in un-probed areas, which have remained untouched till date, but now are being frequently occupied by them,” the NGT stated on February 9.

Constitution and Bhagwan

• This universe and living beings are creations of the almighty called “Bhagwan” which means and includes “Chiti, Jal, Pawak, Gagan, Sameera, Panch Rachit Yah Adham Sareera,” the tribunal said.
• These words signify the five elements of life – Bha-Bhumi, Ga-Gagan, Wa-Vayu, Aa-Agni, Na-Neer.
• When the natural cycle of all five is disturbed due to the mixing of poisonous or harmful material, it is the nature of pollution.
• Article 51A(g) of the Constitution places a fundamental duty on every citizen to protect and improve the natural environment, including ponds and water bodies.
• This is not only an environmental issue but also a violation of constitutional provisions.
• According to the provisions of Article 21 (Protection of Life and Personal Liberty), read with Article 48 (A) of the Directive Principles of State Policy, the Right to Life includes the right to have fresh air and a healthy environment.
• Article 48 (A) directs the states to protect and improve the environment and safeguard forests and wildlife. Nobody has the right to create pollution endangering the life of others.

Sacred pond turned into sewage sink

• The case was filed by Shri Kalyan Rai Ji Mandir Samiti, highlighting the deterioration of the sacred pond adjoining the historic temple in Jhalawar.
• According to the plea, the pond, once a pristine source of water for religious rituals and a habitat for migratory birds and aquatic biodiversity had become severely polluted due to the discharge of untreated domestic sewage, dairy waste, and municipal effluents.
• Rapid population growth, unregulated urbanisation, and unplanned construction of drains (nalas) have resulted in the direct discharge of waste into the pond, causing ecological imbalance, loss of biodiversity, and public health hazards, the plea by the temple council said.

When law protectors become violators

• In one of the most striking passages of the order, the NGT cautioned public authorities, asking, “When the law protector becomes the law violator, how will the law be protected?”
• The bench criticised the statutory authorities for being “liberal in allowing activities” near water bodies instead of adopting stringent protection measures.
• It warned that arbitrary state action violates the Public Trust Doctrine, under which natural resources are held in trust for the public and cannot be alienated or degraded for private or commercial gains.

Aravallis, Bengaluru lakes: A national pattern

• We can see the destruction of the Aravalli Hills in the National Capital Delhi itself, and disappearance of several small chains of hills in many states.
• When we come to the garden city of Bengaluru, the facts have already been noted that in the past, there were hundreds of lakes in the city which are now reduced to just two figures.
• Most of the lakes have been reclaimed, encroached or otherwise usurped by so-called development activities.
• Resourceful people are now resorting to other areas on the outskirts or near such cities where they can enjoy proximity with nature.
• This attempt or desire is nothing but costing heavy to nature.
• These constructions near water bodies or forest areas, etc., are not a necessity to provide shelter to homeless needy people or development to the economy in general, but virtually a part of luxury life for those who can afford.
• The elite class and its greed, in the name of development, have 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.
• In the name of staying in the lap of nature, in reality, they are causing damage and destroying nature.
• In fact, commercial or residential construction projects do not need the vicinity of wetlands or water bodies etc, as a necessity.
• Promoters/developers normally choose such sites so as to increase saleability and commercial value of their projects/constructions.
• Various statutory authorities constituted to serve as a watchdog for the protection of these places, rich in natural flora and fauna, are not very sincere and serious in protection but are working only technically.
• They are liberal in allowing these activities instead of adopting strict and stringent measures necessary for protection.

Final directions and way forward

• While noting that corrective work has begun, the NGT stressed that restoration of water bodies must follow an integrated and sustainable approach.
• These include long-term maintenance plans, including community involvement, ecological mapping and demarcation, and strict enforcement against encroachments.
• The authorities have been directed to expedite compliance and ensure restoration of the pond to its original ecological condition.

Environmental issues a global phenomenon

• Irresponsible and unmindful development has proved an enemy to the environment, the NGT noted.
• It has increased pollution everywhere, compelling global leaders to take recourse.
• If necessary, they should protect the environment by framing strict and stringent provisions.
• The fact remains that the condition of the environment today is extremely alarming.
• The NGT referred to international commitments and emphasised that wetlands must be conserved in accordance with the Wetlands (Conservation and Management) Rules, 2017.
• These rules prohibit solid waste dumping, discharge of untreated effluents, and permanent construction within 50 metres of flood levels.

Sobering warning

• Nature has lost its place, and a healthy and clean environment has been compromised in the name of development.
• The consequences are air pollution, scarcity of drinking water, extreme heat and cold, lack of rain etc, comfortable life in such cities earlier has become a nightmare.
• No one can deny the importance of water. It cannot be doubted that water covers three-fourths of the Earth.
• Still, drinking and potable water is in great scarcity.
• We know and can take judicial cognisance of the fact that the entire country is facing a tremendous scarcity of drinking and potable water almost everywhere and, in fact, it is a global phenomenon.
• This requires regulators/statutory authorities to act responsibly for the protection of environment and ecology and in particular, wetlands/water bodies.
• They are expected to function in a more responsible and accountable manner, and deeper study ought to have been made, before allowing any construction activities in vicinity of a wetland/water body, more so when project site is abutting the wetland itself.
• Man-made ventures are the basic cause for this situation.
• Protection of wetlands assumed international importance at a very late stage.
• However, a serious concern at the global level is writ large from the fact that in 1991, the Ramsar Convention was held only to discuss the protection of wetlands.
• Some important wetlands across the world were identified and signatory countries vowed to protect wetlands by taking all necessary measures, including stringent actions.
• This is a matter of common knowledge that people residing in urban areas had turned cities into jungles of concrete.

Civic body’s pious duty

• It is the “pious” duty of the municipal corporation to make a plan – including town planning, planning for economic and social development, roads and bridges, water supply for domestic, industrial and commercial purposes.
• The municipal body’s duty is to plan for public health, sanitation, conservancy and solid waste management, urban forestry, and protection of the environment.
• It must promote ecological aspects, slum improvement and upgradation, and urban poverty alleviation.
• Provisions of urban amenities and facilities, such as parks, gardens, and playgrounds, promote cultural, educational and aesthetic aspects.