(MOREPIC1) Face2News/New Delhi/Chandigarh
National Green Tribunal directed Chief Secretary Punjab to file compliance status report on mapping of flood plain zone of RiverSatluj.
A petition (Original Application No. 303/2023) filed by Karnvir Thamm an, Environment lover and Social Activist from Banur in National Green Tribunal New Delhi, seeking to demarcate the flood plains of River Sutlej within a stipulated time frame, and to ensure complete protection to the riverbed/flood plains by ordering to demolish the illegal encroachments and restoring the riverbed/flood plains, to
direct the respondents to pay the compensation for the damage caused to the riverbed/flood plains due to the illegal encroachments/ activities in 47 km stretch of Districts Ferozepur, Tarn Taran.
It was categorically mentioned by the petitioner Karnvir Thamman, who appeared in person that the land of River Sutlej is being looted and is being encroached upon by unauthorized encroachers in 47 km stretch of Districts Ferozepur, Tarn Taran.
The collusion of the government officials is being said in this 'loot'. With the alleged help of the officials, a large number of people are cultivating the dry area of Sutlej by occupying it. It is surprising that these encroachments are on thousands of acres of River Sutlej land have not yet come in the knowledge of the concerned officials/administrators/ administration.
The lack of protection of river floodplains from damaging impacts like encroachment and diversion is a tragedy that affects both the river as well as those who encroach it adversely. .
Petitioner Karnvir Thamman has also averred that the Sutlej River is intercepted at the Ferozepur headworks itself.
From there, this water is released in the canals going to Rajasthan. In this way, the 47 km stretch of the river remains dry. The farmers have occupied this land with the connivance of the authorities. They farm here. Motors have also been installed by boring in the ground of the river for irrigation.
These encroachments are not new but the surprising thing is that they have not yet come to the knowledge of the administration or the authorities have not allowed them to come. It’s really a pity and alarming condition with regard to the encroachments upon Sutlej river land, water ways and land of the Sutlej floodplain (land adjacent to river).
During the time of monsoon in recent years, heavy rainfall caused the river Satluj to surge and caused River to spread to the flood plains. Illegal mining and encroachment of riverbeds lead to massive flooding in Punjab” Chandigarh: Large-scale Illegal mining, the encroachment of riverbeds along the Sutlej River, wild growth and farmer growing crops or trees in dried-up riverbeds has led to large scale flooding in the six districts of Punjab. Over 4,000 hectares of crops in the state have been completely destroyed by these floods and more than 300 villages are badly affected” Hon. National Green Tribunal, New Delhi, taking notice of the serious allegations made by the applicant and
categorically observed that “There is no doubt that flood plain zone is required to be demarcated and
maintained free of encroachments.
As already directed earlier, “The ownership of the issue may now be taken over by the Chief Secretary, Punjab who may, having regard to seriousness of the issue, affecting health and environment, personally monitor progress of compliance at least once in a month and also evolve an appropriate administrative mechanism to handle the grim situation. We may also note that the RRCs headed by Environment Secretaries in all the States/UTs have already been directed to monitor execution of action plans for the polluted river stretches on continuous basis.
The RRC Punjab may also accordingly monitor execution of action plans for Sutlej and Beas rivers in continuation of 5th report of the Monitoring Committee, referred to above, subject to overall oversight of the Chief Secretary.
The Chief Secretary while reviewing the status of various issues may focus on timely completion of the ongoing works. Quarterly reports be sent by the Chief Secretary to the CMC in terms of the order dated 21.09.2020 in OA 673/2018 which deals with the subject of restoration of 351 polluted river stretches,
including the rivers in question.”
(SUBHEAD)Hon. National Green Tribunal, taking notice of the allegations made in the present application by Applicant i.e. that recently the issue of protection of Sutlej from pollution and environmental degradation has already been dealt with by this Tribunal vide judgment dated 22.01.2021 in OA No. 916/2018, Sobha Singh & Ors. Vs. State of Punjab & Ors. Order dated 21.09.2020 passed in OA No.673 of 2018, News item published in “The Hindu” authored by Shri Jacob Koshy Titled “More river stretches are not critically polluted: CPCB”. Operative part of the said order is reproduced below:
“15. As already noted, that the general issue of restoration of 351 river stretches, including the rivers in question is being separately dealt with in OA 673/2018, (In Re: News item published in “The Hindu” authored by Shri Jacob Koshy, titled “More river stretches are now critically polluted: CPCB”). After orders dated 6.12.2019 and 29.6.2020 in the said matter, mentioned earlier, the matter was last considered on 21.9.2020 in the light of report of t he CPCB and the Central Monitoring Committee (CMC), headed by the Ministry of Jalshakti, in pursuance of earlier orders in the said matter. The matter
was considered with OA 593/2017, in pursuance of directions of the
Hon’ble Supreme Court in (2017) 5 SCC 326, requiring all the States in the country to ensure requisite water treatment devices in time bound manner by 31.3.2018, after which coercive measures must be
taken. Following the orders of the Hon’ble Supreme Court, the Tribunal directed that the River Rejuvenation Committees and the Chief Secretaries of all States/UTs must ensure preventing of any
pollution of the rivers by enforcing the statutory law and norms and Constitutional obligation of providing pollution free environment. The said directions are:
“Going Forward 24. We have duly considered the CPCB, CMC and OC reports as above and noted the gaps and recommendations. We accept the recommendations of the Committees already quoted above that the States should furnish quality information and comply with the directions of this Tribunal in terms of orders dated 06.12.2019 and 29.06.2020.
The violation of mandate of 100% treatment of sewage may be visited with the assessment and recovery of compensation and violation of timelines for setting up of pollution control devices may also be likewise strictly enforced with the compensation regime in place. There is also need for fully utilizing and augmenting the existing infrastructure as already noted above.
The States/UTs may consider using HAM as a business model as well as OCOP concept, FSSM Policy, alternative models for treatment of sewage/faecal sludge, decentralized STPs and also strengthen the online monitoring system. We are also of the view that flood plain zones of all the rivers need to be mapped and demarcated and encroachments removed therefrom.
The same be utilized for plantation, creation of biodiversity parks and constructed wetlands or other recreational purposes, consistent with the environmental concern. We agree with the OC that river side mining needs to be regulated. To reduce the timelines for setting up of STPs, many States/UTs are consuming time in preparing DPRs whereas model DPRs can be prepared and used for shortening the timelines.
Similarly, SOPs need to be prepared for the timeline to be taken in setting up of STPs as well as for maintenance and operation of existing STPs particularly those not meeting the norms. Number of monitoring stations also needs to be suitably increased.
