Day: January 7, 2017

NGT stays work of Pune Metro affecting rivers: Another violation of the river floodplain
Maharashtra · Rivers

NGT stays work of Pune Metro affecting rivers: Another violation of the river floodplain

SANDRP1 Comment

In a welcome move Western Zone Bench of National Green Tribunal (NGT) issued an interim stay on the proposed portion of the metro route passing through the Mutha river bed in the Pune city.[i] This directive was passed in an Environmental Interest Litigation (EIL) filed in the NGT on May 26 last year by a group of citizens contending that in the proposed metro rail alignment, a 1.7 km stretch passing through the left bank of the Mutha river could cause an irreversible damage to riverbank ecosystem along that route.

In the first phase two corridors of metro have been proposed in Pune. Corridor-I is of 16.59 km length from Pimpri-Chinchwad to Swargate and Corridor-II is of 14.6 km from Vanaz to Ramwadi. The petition before NGT Pune bench is against the 1.7 km stretch of Vanaz-Ramwadi corridor proposed through left bank of river Mutha. The metro route is proposed to enter the Mutha riverbed behind Savarkar memorial on Karve Road and proceed towards Pune Municipal Corporation (PMC) Bhavan and further to Food Corporation of India godowns behind Shivaji Nagar District Court.[ii] Two Metro stations are also proposed on the riverbed, one near Deccan Bus Stand and the other behind Sambhaji Park. Presently soil testing work for the project is in progress.

Proposed Metro alignment passing through Mutha riverbed (Source: Report of Technical Support Group on Biodiversity of PMC)
Proposed Metro alignment passing through Mutha riverbed (Source: Report of Technical Support Group on Biodiversity of PMC)

It certainly seems a good news for Pune’s rivers which have routinely made headlines for their pollution and poor state in general. Closer look towards the details however would cast a shadow on this development. The alignment through the river bed has been proposed despite PMC recently facing and losing a petition in NGT against 2.3 km long (and 24 m wide) road from Vitthalwadi to NH-4 bypass which was being constructed illegally right in the Mutha Riverbed. In its final judgment in July 2013 NGT ordered the road to be realigned. Subsequently a contempt petition was filed when PMC failed to comply with the orders where the NGT in January 2015 again ordered removal of the constructed road.[iii] Continue reading “NGT stays work of Pune Metro affecting rivers: Another violation of the river floodplain” →

River Sand Mining in India in 2016–III – Judicial Interventions
Dams · Sand Mining

River Sand Mining in India in 2016–III – Judicial Interventions

SANDRP3 Comments

Ever since its land mark judgment[1] on February 27, 2012, the Supreme Court (SC) of India is not hearing any particular case pertaining to River sand mining regulation. In 2012 judgment SC had directed all Union Territories and State Governments to seek Environmental Clearances (EC) from Ministry of Environment, Forest & Climate Change (MoEF&CC) for mining minor minerals even in less than 5 ha or renew the same after prior approval from the MoEF&CC. Before this order, mining areas of less than 5 ha were exempted from EC enacted under Environmental Impact Assessment (EIA)-2006[2].

On Aug 5, 2013, the National Green Tribunal (NGT), has passed an important decision[3] ordering a ban on sand excavation across the country without permission from State Environment Impact Assessment Authority (SEIAA) and MoEF&CC. Further in November 2013, interpreting environment as Central Government subject and directing MoEF&CC to frame uniform sand extraction rules, the NGT prohibited State Governments[4] to form mining rules separately.

Since then, in pursuit of compliance to aforesaid orders, NGT and the High Court (HC) in several States have been frequently directing respective Government agencies to facilitate sustainable River sand removal. In this context, these courts have issued a number of orders and decisions all through 2016.

In fact, the sustained hearings in SC and NGT have resulted in first to Sustainable Sand Mining Policy draft 2016[5] and then to formation of Sustainable Sand Mining Guidelines 2016[6].

Continue reading “River Sand Mining in India in 2016–III – Judicial Interventions” →