Order of the National Green Tribunal regarding constructions of residential apartments and discharge of waste in river Ganga, Haridwar, Uttarakhand, 10/01/2025
Order of the National Green Tribunal in the matter of Neeraj Chhachhar & Others Vs State of Uttarakhand & Others dated 10/01/2025.
The Original Application was registered on a letter petition complaining that constructions of residential apartments have been made in violation of environmental norms and polluting material is being discharged directly in river Ganga.
The NGT noted that various orders have been passed from time to time which included directions to the authorities concerned for demarcation of flood plain area/flood plain zone to ascertain whether construction has been raised in prohibited areas or not. District Magistrate, Haridwar has submitted its reply stating that flood plain area has been demarcated and concerned construction in question is beyond demarcated flood plain area. However, no copy of such demarcation order has been placed on record.
The Tribunal stated that River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 does not define the "active flood plain area" and instead it defines "flood plain" as under “flood plain means such area of River Ganga or its tributaries which comes under water on either side of it due to floods corresponding to its greatest flow or with a flood of frequency once in hundred years". Counsel for National Mission for Clean Ganga (NMCG) stated that the phrase "active flood plain" has not been defined, but could not explain as to how and to what extent and in what respect, the prohibition contained in Para 6(3) of River Ganga Order, 2016 shall apply and what shall be construed as “active flood plain area” of river Ganga or its tributaries.
The NGT directed the Director General, NMCG to appear on the next date of hearing, February 14, 2025 and explain as to what does the phrase "active flood plain area" of river Ganga or its tributaries as mentioned in Para 6(3) of River Ganga Order, 2016 mean? The District Magistrate, Haridwar shall also place on record the copy of the demarcation of “Flood Plain” in the area in question.