Wetlands

World Wetlands Day 2025: More Judicial Decisions, Less Actions by Govts

February 2, 2025 SANDRPLeave a comment

(Part of a marsh land already covered by residential buildings in Asan river basin in Dehradun being filled up further in May 2024. BS Rawat/SANDRP)

In third part of annual overview, we compile top ten judicial decisions taken during 2024 by various courts regarding protection and conservation wetlands in India. The first part of the overview has covered the looming threats on Ramsar sites and the second part has highlighted the deteriorating condition wetlands in the country.

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Wetlands

WWD 2024: Top Ten Judicial Actions for Wetlands in India

February 1, 2024February 4, 2024 SANDRPLeave a comment

(Feature Image: A file picture of garbage dumping extending to an additional patch of land at the Pallikaranai marshland. Source: ToI)

The fourth part of the wetlands overview 2023 covers the top ten judicial interventions for the protection of wetlands including Ramsar sites in India. The report shows that the judiciary is increasingly petitioned with legal disputes as the governmental bodies dealing with urban authorities and particularly the regulators have been failing to check unabated pollution and encroachments of the wetlands in their jurisdiction. The legal cases pertaining to encroachments and degradation of Ramsar sites and other wetlands in Himachal Pradesh, J&K, Ladakh, Bhoj lake in Bhopal, Tampara lake in Odisha and Sundarbans in West Bengal clearly indicate the fate of lesser known but equally important water bodies in the country. Overall, the judiciary seems to be finding it tough to stir executioners and unwilling governments and is not equally effective everywhere. However, it has made some landmark orders.

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Groundwater

GW Overview 2023: Top Ten Judicial Actions

January 19, 2024 SANDRPLeave a comment

(Feature Image: Filled with untreated industrial effluents Drain No. 6 in May 2023, passing through Kundli industrial area in Sonipat and causing groundwater pollution along its course. Bhim Singh Rawat/SANDRP)

This third and concluding 2023 yearend overview on Groundwater in India, compiles top ten judicial interventions dealing with the depletion and contamination of groundwater. The SC asking Punjab govt to review groundwater conservation law in the face of air pollution crisis in Delhi is the biggest judicial development of 2023. The Kerala HC directing state govt to bring selling of well water under Food Safety & Standards Act 2006 & Regulation 2011 comes next.

The NGT too on its part has taken note for groundwater depletion and contimination across the country and issued notices to central and state governments. Following NGT orders, there have been action against commercial and industrial units extracting groundwater without permission in Delhi and NCR areas. In another ongoing noteworthy case, the NGT has asked MoJS consider prohibiting groundwater use for cricket ground maintenance.

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DRP News Bulletin

DRP NB 080124: Supreme Court stays Sham post facto clearances

January 8, 2024 SANDRPLeave a comment

(Feature Image: A Ramganga tributary before joining the river at Marchula, Ramnagar in Nov. 2022. Bhim Singh Rawat/SANDRP)

Post facto environment clearances are indeed a sham as the Hindustan Times Edit has said. It is welcome that the Supreme Court of India has stayed, on Jan 2, 2024, the MoEF memorandums allowing such post facto environmental clearances. Following a petition filed by the Mumbai based environmental group Vanashakti, the sham practice that has been going on since March 2017. Such clearances are clearly contradictory, in letter and spirit to the prior environment clearances as required under the EIA notification of 2006.

The Sham practice should have been stayed much earlier, for example when the Madras High Court gave an interim stay on the MoEF notification of 2017. But unfortunately, the Supreme Court then interpreted that the Madras High Court order will only be limited to Tamil Nadu. Or it may have been stayed earlier by NGT.

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Yamuna River

SC & NGT Reject Delhi Police’s Plea for Construction on Yamuna Floodplain

January 7, 2024January 7, 2024 SANDRPLeave a comment

(Feature Image: Part of Yamuna river & its floodplain downstream Geeta Colony bridge in Delhi in June 2023. Bhim Singh Rawat/SANDRP)

In a welcome decision, the Supreme Court of India has rejected Delhi Police’s petition seeking permission for construction of the Police trainees’ accommodation in the floodplains of Yamuna River in Delhi. The plea was rejected by the Bench of Justices Abhay S Oka and Ujjal Bhuyan on January 2, 2024.

The Bench was hearing the Civil Appeal (No. 000002 of 2024 (Arising out of Diary No.44256 of 2023) by Commissioner of Police Delhi which was represented by Mukesh Kumar Maroria, Senior Government Advocate against National Green Tribunal (NGT) dismissal of same proposal on 28 September 2020.

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Wetlands

WWD 2023: Top Ten Judicial Interventions to Improve Wetlands Governance

February 1, 2023 SANDRPLeave a comment

(Feature Image: Construction activities in Sukhatal lake area in Nainital, Uttarakhand. Source: Dainik Jagran, Nov. 2022)

In this third part of wetlands overview, SANDRP tracks top ten judicial interventions regarding protection of wetlands in India in 2022. The part one has highlighted general situation of wetlands and part two has covered some governmental actions for wetlands conservation.

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Groundwater

2022: Judicial Interventions in India for Groundwater Conservation

January 19, 2023January 19, 2023 SANDRPLeave a comment

In this yearend overview, we highlights some remarkable judicial decisions particularly by National Green Tribunal (NGT) and some ongoing legal disputes regarding violation of groundwater norms and its pollution in India in 2022. The NGT not only criticized MoJS (Ministry of Jal Shakti) new groundwater guidelines but also ordered penalizing Pepsi’s and Coke’s bottling plants in Uttar Pradesh for operating without NOCs. These were unfortunately later stayed by Supreme Court. Though the judicial interventions have once again revealed the sheer ineffectiveness of concerned bodies at central and state level however these orders have failed to bring any change in their functioning so far. NGT proceedings into allegations of groundwater pollution by liquor factory in Firozpur, Punjab has remained inconclusive while affected villagers and farmers have been staging protest for months.

In the first part of the overview, we have tracked the worsening situation of groundwater depletion and contamination in the country while in second part, we have covered some positive efforts and initiative taken by various governments for its management in 2022.

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Sand Mining

Riverbed Mining India 2021 Overview: Judiciary unable to fix Governance

January 9, 2022 SANDRPLeave a comment

Feature Image:- Trucks seeking to transport sand stuck in Krishna river after flash floods, 300 people rescued (Image source: TNIE)

Rivers and riverine communities in India have been facing significant threats from large scale unsustainable sand mining operations. As part of our annual overview, SANDRP has compiled the prevailing scenario in the country over the year 2021 in first part. The second part has focused on some important policy and governance steps taken by various state governments. This third part tracks top ten judicial decisions and interventions in 2021 by various High Courts, National Green Tribunals (NGT) and Supreme Court.

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Interlinking of RIvers · Ken River

Ken Betwa project will harm & not help Bundelkhand

December 22, 2021 SANDRP3 Comments

People of Bundelkhand certainly need better water access and management as claimed in the Media Briefing Note on the occasion of Union Cabinet clearing the project on Dec 8, 2021. But the Ken Betwa Link Project (KBLP) is not for Bundelkhand, of Bundelkhand or by Bundelkhand. The project will bring unbelievably huge adverse impacts for the Bundelkhand and promises benefits that were promised decades ago, but never realised. In fact much better, cheaper, less impactful and faster options for Bundelkhand exist, if only the government had the will.

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DRP News Bulletin

DRP NB 5 July 2021: Supreme Court pulls up MoEF, NGT over environment issues: Will it go far?

July 5, 2021July 5, 2021 SANDRP5 Comments

(Feature image:- Aerial image of the fire – Photo by Sachin Bharali, from the Facebook page I am Dehing Patkai https://www.facebook.com/iamdehingpatkai/photos/pcb.131915155180713/131915048514057/?type=3&theater)

In the last week, the Supreme Court of India used rather strong words against Union Ministry of Environment and Forests under the leadership of Prakash Javdekar. It said: “You must show it is a ministry for environment and not just ‘of environment’. You (ministry) have been constantly diluting the environmental standards. That’s all that has been happening”. While this was necessary and in fact it should have come several years earlier, one hopes the SC does not stop at using just strong words, but ensures that the MoEF is held accountable for its numerous unpardonable anti environment acts.

In another notable event, the Supreme Court also pulled up the NGT for not understanding even basic conflict of interest: “We are surprised by this order of the NGT. It is the OIL Ltd. which is responsible for the damage to the wetlands and its own Managing Director has been inducted into the committee? … We are very dissatisfied with the manner the NGT has pushed the matter off its hands. It is the National Green Tribunal, it must have some alacrity and concern for the environment. And after the report of the first committee, three committees have been set up separately! What is this?” This again is welcome and was long overdue. NGT had shown similar lack of understanding of conflict of interest in the Lower Subansiri case which also SC needs to open up for review. Conflict of Interest is a MAJOR dark spot in functioning of India’s governance and SC needs to do lot more to correct this.

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