SC notice to Centre, others on plea against unauthorised constructions on riverbeds

NEW DELHI: The Supreme Court on Monday issued notice to the Centre and others on a plea against unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers.
    
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra sought a response from the Environment Ministry, Ministry of Jal Shakti, Ministry of Earth Sciences, Central Water Commission and the Central Pollution Control Board within three weeks.
    
Advocate Akash Vashishtha, appearing for the petitioner, submitted that increasing illegal and unauthorised constructions and encroachments on the floodplains and catchments of rivers and water courses have become the biggest cause of devastation across the country.
    
A plea filed by former IPS officer Dr Ashok Kumar Raghav sought directions to demolish all unauthorised constructions and encroachments on the riverbeds, floodplains and catchments of all rivers, water courses and water channels, including the tributaries and restore the same to their original forms.
    
The plea also sought directions to notify the 2015 draft of the River Conservation Zone (RCZ) Regulation without any further delay and demarcation of the floodplains of all rivers, water courses and water channels within a time-bound period not exceeding three months.
    
The draft River Regulation Zones (RRZ) notification proposes to establish River Conservation Zones (RCZs) to prevent encroachments on rivers and floodplains.
    
Citing the Composite Water Management Index report prepared by the Niti Aayog, the plea said India is suffering from the worst water crisis in its history.
    
"According to a reply tendered by the minister of state for Jal Shakti in Lok Sabha on March 23 last year, the per capita water availability in the country is fast reducing due to increasing population," it said.
    
"The writ petition seeks intervention of this court in granting legal protection to all the rivers, including the tributaries, thereof, as well as water courses and water channels, and the floodplains and catchments, thereof, so as to ensure water and ecological security for the people of the country and seeks directions to the Central Government to notify the River Conservation Zone (RCZ) Notification, without any further delay," it added.

The plea said the Right to Life under Article 21 of the Constitution of India can be guaranteed only if the rivers in the country are strictly protected, even at the expense of everything else, and such protection is placed at the highest pedestal, so as to meet and fulfill the basic drinking water needs of the citizens of the country.

Under the Parens patriae principle, both the Central as well as State governments are guardians/custodians of the rivers and other water resources and are under duty to protect the same, it contended.