Uttarakhand Constructions shown the Red Flag by Green Tribunal
Construction activity on the river beds and banks including their main tributaries in Uttarakhand has been stalled with the National Green Tribunal showing the red flag. This comes in the backdrop of the Himalayan state being ravaged by one of the worst floods in recent times. An order has been passed in this regard by a bench which also restrains construction along the 100-km stretch of river Bhagirathi, which has been declared as an eco-sensitive zone.
Prohibitionary orders have been placed on fresh construction activities in this zone. However, there are no restrictions imposed on renovation or repair work that is required by buildings that have been damaged in the floods. The entire stretch of the river Bhagirathi ranging from Gaumukh to Uttarkashi in Uttarakhand, that covers an area of 4,179.59 sq kms, has been declared as an eco-sensitive zone. A notification has been sent in this regard by the Environment ministry on 18th December, 2012.
Organisations like the Border Roads Organisation (BRO) and the National Highways Authority of India (NHAI) has been reprimanded by the Green court for not conducting feasibility studies before going ahead with the widening of highways in Uttarakhand. The importance of conducting prior environmental and ecological studies before engaging in road-widening activities was emphasised. This will prevent the ill effects caused to ecology as well as to the residents living in the area.
The Green court also instructed the director general of BRO and chairman of NHAI to file affidavits within a week’s time mentioning whether the necessary feasibility studies were conducted to ascertain ecological and environmental effects before embarking on widening and construction of highways in Uttarakhand. Moreover, reports have to be submitted to the Green tribunal by the committee formed by the Supreme Court to evaluate the impact of hydroelectric projects on the biodiversity of Alaknanda and Bhagirathi river basins.
The environment ministry has been directed by the apex court not to grant forest or environment clearances for hydroelectric projects in Uttarakhand. For clearances to be granted, initially a panel should submit a report elaborating on the impact that such projects would have on the biodiversity of the region. A three-month window has been given to the panel to submit the report.
The Green tribunal blamed the Uttarakhand government for handling the issue in a callous manner. It said that the government had failed in its obligation to prepare a master plan for the entire state with particular emphasis on the eco-sensitive areas. It directed the state government to prepare a complete list of all illegal constructions that have come up on the river beds and banks. The extend of damage caused by these illegal constructions to the environment should also be evaluated and the compensation that they should pay for their negligence should be estimated.
Besides the state government, the bench formed by the Green court also reprimanded the BRO, NHAI and the central pollution control board for not responding on the matter. Further, the court directed the state government to enlist the measures taken for the reversal of ecological and environmental damages, and to compensate for the loss of life and property. In addition, it should also come out with the steps it would take to see that the environmental damage has been restored.
