PrashantNews
The National Green Tribunal (NGT) has asked the Uttarakhand government to remove encroachments along the highly polluted Rispana river in Dehradun.
“The Chief Secretary, Government of Uttarakhand is directed to place the matter before the Government of Uttarakhand for initiating appropriate legislative and executive measures within one month for removal of the encroachments from the river bed/Flood Plain Zone of river Rispana for requisite compliance with the provisions of the Environment Protection Act, 1986, Rules made and Notifications issued under the same and directions given by Hon’ble Supreme Court and this Tribunal qua prohibition of construction within Flood Plain Zone,” the NGT said in its recent order.
The next hearing in the case is on Feb 13.
The NGT in its order said no residential establishments can be set up in the dry riverbed of river Rispana as no permanent construction can be raised within prohibited Flood Plain Zone of river Rispana and in view thereof jhuggi basties established on dry riverbed within the prohibited Flood Plain Zone of river Rispana will be liable to be demolished. In view of the Section 24 of the Environment Protection Act 1986, the legislations enacted by Uttarakhand Legislature ordering maintenance of status quo will not be prima facie legal and binding to the extent of such conflict, the green court ruled.
During the course of proceedings, it has been pointed out that the Uttarakhand legislature has enacted the Uttarakhand Reforms, Regularization, Rehabilitation, Settlement and Prevention of Encroachment of the slums located in the Urban Local Bodies of the State Act, 2016 and the Uttarakhand Special Provisions for Urban Bodies and Authorities Act, 2018. Under Sections 4(2) and 4(3) of the above said Act, directions have been issued to maintain status quo and in view thereof, no action for demolition/removal of encroachments can be taken against the encroachers/owners/occupiers of jhuggies established in the river bed of river Rispana till the year 2024.
The NGT has also asked the District Magistrate (DM) Dehradun for completing the demarcation of Flood Plain Zone of river Rispana.