National Green Tribunal: In a petition seeking the application of River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 (the Order) on the River Tedhi, a tributary of River Ganga due to the encroachment on the floodplain area of River Tedhi, which requires the proper demarcation of the “floodplain zone” as per the River Ganga (Rejuvenation, Protection and Management) Authorities Order, a Division bench of Sudhir Agarwal, J., and Dr. Afroz Ahmad (Expert Member), directed the District Magistrate, Gonda, to complete the demarcation of the floodplain zone by 15-01-2025 and submit a compliance report by 17-01-2025.
The NGT noted that River Tedhi flows through Baraich and Gonda districts, ultimately merging with River Ghagra, which meets the Ganga, therefore, the River Ganga (Rejuvenation, Protection and Management) Authorities Order, applies to Tedhi and its floodplain. The NGT further noted that the District Magistrate of Gonda placed pillars 50 meters from the river without a proper demarcation of the floodplain zone, which is contrary to the applicable law.
The NGT, vide order dated 19-09-2024, directed the respondents to file an affidavit regarding the demarcation of the floodplain zone. In response, the District Magistrate of Gonda filed an affidavit on 16-10-2024, providing details about the river’s course, the preparation of a floodplain map using modern techniques (such as 3D contouring and remote sensing), and the ongoing demarcation process in collaboration with the National Institute of Hydrology, Roorkee. The District Magistrate, however, requested for seven months to complete the demarcation process.
The NGT found the District Magistrate’s request for seven months’ time to complete the demarcation process, as unreasonable. The NGT stated that the basic data for floodplain mapping had already been collected and the remaining work could be completed in less time.
The NGT further expressed concern about the ongoing illegal encroachment and construction activities along the riverbanks, which could complicate the matter even after the floodplain zone is demarcated.
The NGT directed the District Magistrate to complete the demarcation and identification of the floodplain zone by 15-01-2025, and submit a compliance report by 17-01-2025. Until further orders, the NGT prohibited any construction activities within 200 meters of the High Flood Level from the centre of River Tedhi. The NGT listed the next date of hearing on 17-01-2025, in order to review the compliance report.
[Ghirrau Lal Mishr v. State of U.P., Original Application No. 402/2024 (IA NO. 459/2024), Decided on 18-10-2024]
Advocates who appeared in this case :
Mr. Bhanwar Pal Singh Jadon and Ms. Gargi Chaturvedi, Counsel for the Respondent No. 1, 2, 4 and 5
Mr. Pradeep Misra, Counsel for the UPPCB
Mr. Vinayak Tyagi, Mr. Prateek Khandelwal, Mr. Ankit Pandey, Mr. Shashank Singh and Mr. Siddharth Srivastava, Counsel for the Respondent No. 6 to 10
