Role of Legal

Awareness in River
Rejuvenation

Contents

1.

2.

Introduction.................................................................................................................... 4
1.1.

Geological Aspect................................................................................................. 4

1.2.

Social and Demographic Causes..........................................................................5

Current Legal and Institutitional Infrastructure...............................................................5

2.1.

The Water Prevention and Control of Pollution Act, 1974.....................................6

2.2.

The Wildlife (Protection) Act, 1972.......................................................................6

2.3.

The Forest Conversation Act, 1980.......................................................................6

2.4.

The Environment Protection Act, 1986.................................................................6

2.5.

The Electricity Act, 2003....................................................................................... 6

2.6.

Maharashtra Water Resources Regulatory Authority Act (2005)...........................6

2.7.

National Ganga River Basin Authority...................................................................7

2.8.

National River Conservation Directorate..............................................................7

2.9.

Relevant Institutions that affect the fate of rivers................................................7

2.10. Water Policy and Rivers........................................................................................ 8

3.

4.

5.

Role of Government & Local Bodies................................................................................8

3.1.

Kumudvathi River Rejuvenation Project................................................................8

3.2.

Dravyavati River Rejuvenation Work....................................................................9

3.3.

Mithi River Rejuvenation Project.........................................................................10

3.4.

Madar River Rejuvenation Project.......................................................................10

Judicial Approaches...................................................................................................... 10
4.1.

Karnataka High Court Order prohibiting allotment of tank-bed lands.................11

4.2.

Gujarat High Court (Shailesh R. Shah vs Gujarat Government on 2 August, 2002)

11

4.3.

Karnataka High Court Order on Thippagondanahalli Reservoir (TGR).................12

Role of Enforcement Agencies...................................................................................... 13

5.1.

National Water Development Agency.................................................................13

5.2.

Central Pollution Control Board...........................................................................14

5.3.

National Green Tribunal...................................................................................... 15

6.

Institutional & Legal Framework for Managing River Basins.........................................16

7.

SociaI NGO Efforts........................................................................................................ 17

8.

7.1.

The Kumudvathi River Rejuvenation Project Art of Iiving Foundation...............17

7.2.

River Arwari Rejuvenation: Community efforts led by the waterman.................19

7.3.

ELAW: Environmental Law Enforcement Alliance Worldwide..............................20

Ganga River Basin Management Plan...........................................................................21

8.1.

Conceptual Framework of the Plan.....................................................................22

2

9.

8.2.

Regulatory Action............................................................................................... 24

8.3.

Interventions...................................................................................................... 25

8.4.

Legal Awareness................................................................................................. 27

References.................................................................................................................... 29

Introduction

A river is a hydrological, geomorphic and landscape level system that serves as a

key part of the freshwater cycle and provides a large number of services (social and
economic) to the people and the whole biodiversity. It is the source of the basic
amenity of life, water. However, of late, we do not the respect the river in the same
way as it ought to be. Hence, river rejuvenation is the need of the hour. First, let us
have a brief idea about river rejuvenation.

1.1The Geological Aspect

River rejuvenation occurs when there is a fall in the base level as a consequence of periodic
vertical erosion. The base level is the height or altitude to which the river flows before it
actually meets another river or goes into the sea. If there is a fall in the base level, a kink
or knick-point is observed in the profile of the river. It results in the increase of potential
energy and thus is used to erode the irregularity. Over the period of time, the river again
attains the state of equilibrium.
Rejuvenation can be attributed to a number of varied factors such as
1. Tectonic changes
2. Fall in sea level caused by isostatic changes
3. River capture
Thus, rejuvenation produces the features explained in the following figure:

Social and Demographic Causes

The major issues related to Indias river basins are:
1 Rise in population and increasing water demand
2 High seasonal variation and extreme weather events
3 Trans-boundary water issues
4 Fragmented management
5 Sedimentation

Current Legal and Institutitional Infrastructure

Some of the Acts and regulations in the context of river rejuvenation are as follows:

State Irrigation and Drainage Acts

Interstate River Water Disputes Act, 1956
River Boards Act, 1956
The Panchayats Extension to Schedule Areas Act, 1996
The EIA notification, September 2006

2.1 The Water (Prevention and Control of Pollution) Act, 1974

In India, the water quality management is accomplished under the provision of

Water Pollution Control Act of 1974 in addition to Water pollution Cess Act of 1977.
The primary aim of this Act is to maintain and rejuvenate the rivers by prevention
and control of pollution. Through the Act, the Central Pollution Control Board (CPCB)
at the centre and State Pollution Control Board (SPCB) at the state level were
established.

2.2 The Wildlife (Protection) Act, 1972

The provisions laid down under the Section 35(6) of the Act prohibit one from
stopping water flow into or outside a National Park except Chief Wild Life Wardens
permission. Also, it reinstates that no such permit shall be granted unless the
respective State Government is satisfied that the change water flow into or outside
the National Park is essential for improving the condition of wildlife inside. This
important provision of the 1972 Act which could have been beneficial for river
rejuvenation has been used very less.

2.3 The Forest Conversation Act, 1980

It is supposed to ensure protection of the rivers that pass through the forests,
including putting restrictions on mining of minor minerals from the beds of such
rivers. However, the river protection has not been achieved by the means of this
Act.

2.4 The Environment Protection Act, 1986

The Ministry of Environment has been vested with considerable powers and can use
it for rejuvenating the rivers of India. Unfortunately, even for the most deserving
cases, the Act cannot be used in the right context.

2.5 The Electricity Act, 2003

This Act can be used for river protection, as it requires the Central Electricity
Authority (CEA) to give approval to hydro projects only after fulfilling that the
proposal is optimum with respect to all other uses of the rivers.

2.6 National Ganga River Basin Authority

According to the Resolution of the MEF, 1985, resulting in setting up the Central
Ganga Authority, it is mandatory to take up corrective actions for preventing
irreversible damage and restoration of water quality of the rivers. Also,
deforestation in the catchment areas leading to high silt loads, floods and reduced
navigational possibilities, drainage of pesticides and fertilizers and industrial and
municipal waste are among other major areas of concern.

2.7 Relevant Institutions that affect the fate of rivers

At Central level
Ministry of Environment and Forests
Expert Appraisal Committee on River Valley and Hydropower projects
Central Pollution Control Board
Water Quality Assessment Authority
Central Water Commission
River basin specific organizations
Central Electricity Authority
Government Hydropower development organizations
At State level
Environment, Water Resources (or Irrigation), Power Departments
Water Resources Regulatory Authority (Maharashtra, Andhra Pradesh,

Arunachal Pradesh)
State Pollution Control Boards

2.8 Water Policy and Rivers

The section under Water Quality in the NWP2002 has some relevant provisions for
rivers:
Effluents should be treated to acceptable levels and standards before their
discharge into natural streams.
Ensured minimum flow should be there in the perennial streams for maintaining
ecology and social considerations.

1. Role of Government & Local Bodies

Rejuvenation of rivers and lakes is very important for fighting drought and
recharging groundwater level. But, it is not possible without the active participation
of the Government and local bodies. It is necessary for them to coordinate with
each other and find ways to rejuvenate rivers which are in neglected condition.
Following are some of the cases where the Government and the local bodies played
an important role in rejuvenating some important rivers of India with their collective
effort.

Kumudvathi River Rejuvenation Project

Kumudvathi River, a tributary to river Arkavathi originates at Shivagange Hills in

Nelamangala Taluk. The river along with Arkavathi used to meet a large percentage
(30-40) of the total water requirement of Bangalore 3 decades ago. However, the
river is now on the verge of drying. The primary causes behind this are urban
encroachment, deforestation and unsustainable extraction of ground water.
The Art of Living Foundation has taken up the responsibility of rejuvenating this
river under International Association for Human Values (IAHV). The project was
started in February 2013 and 5 ground water reservoirs have been built till now. 9
Gram Panchayats are providing their support and The Mirror Irrigation and Water
Resources Department is also helping in the restoration process. Many local
communities are also involved in the project who have taken responsibility for the
restoration in their respective villages.

Figure: Art of Living volunteers collectively trying to rejuvenate River Kumudvathi

Dravyavati River Rejuvenation Work

Dravyavati River is located between Jaisalya village at the foothills of the Nahargarh
Fort and the River Dhund in Jaipur, Rajasthan. Over the last 100 years, the 47km
long river has deteriorated into a nallah. Polluted water, garbage and debris from
nearby areas have caused serious damage to the river at various places.
Therefore, in order to bring the river back to life, Jaipur Development Authority has
given a contract to a consortium of Tata Projects and Shanghai Urban Construction
Group. The rejuvenation work is expected to be complete by October 2018 and the
consortium will be in charge for the maintenance of the project for 10 years after its
completion. According to the Times of India report on March 28, 2016, Tata group
will construct 85 check dams and 122 fall structures to ensure the availability of
water in the channel throughout the year. Also, around 16000 trees will be planted
and 65000 square meters green area will be developed as a part of this project.

Mithi River Rejuvenation Project

This river runs through the densely populated areas and the industrial areas in the
City of Mumbai and after travelling a total length of about 18 km, it meets the
Arabian Sea. Mithi River carries the overflow discharges of Powai and Vihar lakes.
After the floods that attacked Mumbai, Brihanmumbai Mahanagar Corporation
(BMC) planned this megaproject which aims to clean up the Mithi River.
Some of the salient features of this Rejuvenation project are as follows:

A massive slum rehabilitation program for the Mithi river basin

A comprehensive dredging plan
A sequestration plan for poisonous chemicals like cyanides, lead & mercury
salts in special designated sites that have been already identified for the

desired purpose
A re-development plan for the riverfront
Two alternative options in engineering and execution to achieve the lowest

possible cost
An innovative financing plan in order to achieve all the above with zero need
for external government financing

Madar River Rejuvenation Project

Madar is a seasonal river that originates in Madhya Pradesh and passes through
Maharashtra covering a total of 28 km. This river had remained dry for a long time
but now, it has finally come under the notice of the government. This is a Central
Government sponsored project and it has been sanctioned under the Vidarbha
Intensive Irrigation Program. This project will provide 24 hours water supply

for

irrigation for around 15000 hectares of farm land in the entire river stretch and also
prove to be a boon for orange growers. Under this plan, 16 dams will be built along
the entire stretch in Narkhed-Katol belt in Nagpur district. A new dam has already
been built at Kharsoli and has proved to be quite successful. Farmers on both the
banks have started drawing water for irrigation purposes. Also, 13 other check
dams have been completed and the rest are expected to be completed by October
2016. This project has been possible due to public participation and interest showed
by Chief Minister, Devendra Fadnavis and Union minister, Nitin Gadkari.

10

2. Judicial Approaches

Following are few cases where the High Courts of some of the states in India passed
orders concerning the rejuvenation of rivers:-

Karnataka High Court Order prohibiting allotment of tank-bed lands

In the year 1995, 4 citizens of Bangalore filed a petition in the Karnataka High Court
against illegal occupation of lands in Bangalore. As a result of this, the high court
passed an order directing the Government not to make any grant or allotment of
lands situated within the Bangalore Metropolitan area. The order is still in operation
but the Government has been violating the courts order. The primary reason for
this is that the Departments are not even aware of this order.
Some concrete steps have been taken for protecting the lakes of Bangalore. Lake
Development Authority (LDA) is about to become a statutory body soon and it will
be formulating plans for the development of lakes. Also, Government is set to stop
all regularizations of tank bed encroachments. Sewage entering the lakes are to be
diverted and use of bio-remediation technology is required.
Public Interest Litigation: Article 32 and Article 226 of the constitution empower a
citizen to move to the Supreme Court and High Courts, respectively, for directing
the State to restore a fundamental right which is known as Public Interest Litigation.

Gujarat High Court (Shailesh R. Shah vs Gujarat Government on 2

August, 2002)

In this case, the petitioner appealed to the High Court seeking a direction on the
respondents to place water policy of the Gujarat Government before the court and
the record to show how all the lakes in and around Ahmedabad existed in the year
1960 and their condition at present. Also, a direction was sought to remove all

11

encroachments on the land around Lake Chandola and take effective steps for
rejuvenation of the lake
It is stated in the petition that Lake Chandola which is on the outskirts of
Ahmedabad measured about 297 acres and 28 gunthas earlier. It was a natural
reservoir which harvested rainwater flowing into it on account of natural gradient
from the surrounding areas. It is stated that Chandola Lake is an example of the
fact that the Gujarat Government had no water policy.
Verdict:

The Division Bench directed on 18 th April, 2001 to remove all encroachments

and rejuvenate the lakes. It stated that Chandola tank was meant for
irrigation purposes and not for recreation.

INR 3.13 crores was given to Suvarna Jayanti Swarojgar Yojana for
preservation of 17 lakes in the district of Ahmedabad.

Water drainage and rainwater harvesting programmes to be implemented.

Framing and implementation of water policy to ensure adequate water supply

All lakes to be notified so that they can be given proper identity and
rejuvenation work can be carried out when needed.

Karnataka High Court Order on Thippagondanahalli Reservoir (TGR)

TGR, built at the confluence of Arkavathi and Kumudvathi Rivers, is an important

source of drinking water in the city of Bangalore. It supplies up to 125 MLD water to
Bangalore and its surrounding areas. The total extent the catchment is 1453 sq.km.
TGR receives inflow from 2 streams which are Kumudvathi and Arkavathi. However
in recent years, the inflow to TGR has decreased and the quality of water supplied
by the reservoir has also deteriorated over the years.
In view of this facts, the Karnataka Government has decided to declare a schedule
of zones in the TGR catchment area. The High Court has directed Bangalore
Development Authority (BDA) to form 23 teams to demolish all the unauthorised
and illegal structures in the Arkavathi River zone.
12

In exercise of the powers conferred under Section 18(1) (b) of the Water (Prevention
and control of pollution) Act, 1974 and under section 18(1) (b) of the Air (Prevention
and control of Pollution) Act, 1981, Government of Karnataka directed Karnataka
State Pollution Control Board as follows:

Not to issue consent to any new industry, industrial operation, industrial

process or an extension the concerned zones.

To allow only those new industries listed in Green category under the
condition that they adopt rainwater harvesting systems & waste water

treatment facilities.
Ensure compliance to the consent conditions so that industries do not release

untreated industrial effluents in the catchment area.

To conduct regular water analysis in Arkavathi and Kumudvathi rivers, TGR

and Tanks which were within the TGR catchment area.

List of industries existing in different zones to be submitted to the
Department of Ecology and Environment.

3. Role of Enforcement Agencies

National Water Development Agency

The National Water Development Agency was set up in July, 1982 by the
Government of India as a legal body under Societies Registration Act 1860
under the Ministry of Water Resources (MoWR) to study. NWDA, funded by
Govt. of India studies the feasibility of the links under Peninsular Component
as well as Himalayan Rivers development component of National Perspective
Plan. It prepares detailed reports on feasibility of link projects and intra and/or
interstate links proposed by states. It also carries out detailed surveys and
investigations of reservoir sites and link projects.

NWDAs Governing Body chaired by Secretory (Water Resources, GoI)

administers, controls, directs and manages the affairs and funds of the
society subject to the rules and regulations, laws and orders of the society

13

and usually pursues and carries out the activities of the society as set forth in
its Memorandum of Association and in doing so, pursues and executes the
policy guidelines laid down by the Society.

Technical Advisory Committee:

NWDA constituted Technical Advisory Committee chaired by Chairman,
Central Water Commission, examines and scrutinize various technical
proposals framed by agency. It provides various technical aspects in water
use and availability, groundwater, domestic and industrial water requirement,
annual irrigation and water requirement, optimal carriage of water for interbasin water transfer links. It carries extensive research in above mentioned

areas.
Case: Shri Ramachandra Panda vs. NWDA at High Court, Cuttak regarding
implementation of Mahanadi-Rushikulya and Vansadhara Rushikulya inter
basin link project. This case is pending and pertaining to State of Odisha.

Central Pollution Control Board

The Central Pollution Control Board (CPCB) of India is a statutory organization

established in 1974 under the Water (Prevention and Control of Pollution) Act,
1974 under the Ministry of Environment, Forest and Climate Change (MoEF &
CC). Later, CPCB is also entrusted with the powers and functions under the Air
(Prevention and Control of Pollution) Act, 1981. It works as a field formation
and provides technical services to the ministry under the provision of
Environment (Protection) Act, 1986. It coordinates activities of the State PCBs
by providing them technical assistance and guidance and resolves disputes
among them. It is the apex organization in country in the field of pollution
control, as a technical wing of MoEF.

Preamble of this act stated that it is equal responsibilities of both state and
central boards to look after restoration and maintenance of water quality.
Therefore, CPCB established the monitoring network across 445 rivers with

14

more than 2500 control stations. All this infrastructure is developed under
National Water Quality Monitoring Program.

Case: Ganga Pollution Matter, CPCB Writ Petition, (M. C. Mehta vs.
UOI & Others) (1999)
The CPCB had filed an interlocutory application in interest of public in
Supreme Court for seeking orientation in respect of local administration
bodies such as panchayat/nagarpalika/municipality situated in states of Uttar
Pradesh, Bihar and West Bengal. This writ was filed for these bodies to
maintain sewage treatment plants and systems, crematories, pumping
stations and any infrastructure created under Ganga Action Plan.

Case: M/S Delhi Bottling Co Pvt Ltd v Central Pollution Control Board
(1986)
Whether the procedure under Section 21 of the Water Act, 1974, was
necessary to collect legal samples for analysis under section 33. The Delhi
Court held that Section 21 was not properly followed by the PCB and therefore
the sample was not admissible as evidence.

Fig 5.1 National Water Quality Monitoring Network (water body wise
number of stations)

15

Figure 5.2 Year Wise Growth of Monitoring Network

10

National Green Tribunal

National Green Tribunal, very well-known as NGT is established under NGT

Act, 2010 after India promised in UNCED to provide administrative and judicial
remedies for victim of pollutants and other environmental hazards. NGT aims
to provide expeditious and very effective disposal of cases relating to
environmental conservation and protection of forests and other natural
resources. It is a specialized body equipped with the necessary expertise to

handle environmental conflicts involving multi-dimensional issues.

Case: Aswini Kumar Dhal Vs Odisha Pollution Control Board & Others
(2016) at NGT, Eastern Zone Bench, Kolakata
NGT found that East-Coast Railway under which the Jakhpura railway station
comes had committed breach of both the Water Act, 1974 and Air Act, 1981
and had contributed to air and water pollution in the area. Thus they were
liable to pay environmental compensation on the principle of NGT Act. So, the
court had directed East Coast Railway Division at Chandrasekharpur,
Bhubaneswar, under whose authority the illegal activities in Railways were in
operation at Jakhapura railway station, to pay environmental compensation of
16

 50.00 lakhs at 10.00 lakhs per annum for the five years of violation of

Environmental norms, which would be paid within a period of two months.

Case: Mandhu Distillery Pvt Ltd v M.P. Pradhusahn Niwaran Mandal
(1995)
Whether Section 33(A) of Action Plan Workshop for Rejuvenation of Arkavathi
River which explains a power of a board to direct closure of industry and
regulation of electricity was restricted or not. The court ruled that the PCB
issue fresh show cause notices and take samples for analysis to issue proper
directions.

4. Institutional & Legal Framework for Managing River Basins

The role and relevance of institutional structure to manage river basins is

gaining prominence, due to failure of large scale centralized arbitrations in
the river basins and with growing concern for community-based approach.
The failures that are largely guided by techno centric approach, have
misunderstood the river systems and communities as being stable and that

they are liable only to be controlled for development.

The primary goal of such institutions would be to translate the policy and the
priorities identified in the State water Policy to on ground implementation.
Implementation of the plans of the river basin institutions should primarily be
the task of the urban local self-governments and the rural Gram Panchayats.
The challenging task would be to coordinate the major works of Watershed
development, Jal Samvardhan Yojana, Minor and major irrigation projects,
groundwater management and recharge schemes and urban and rural water

supply schemes.
The state of Maharashtra has created the Water Resources Regulatory
Authority with quasi-judicial powers over allocation of water between various
sectors in the state. The MWRRA has gone on to create River Basin Authorities
for each of the rivers in Maharashtra. This is a classic top down approach
emulating the Electricity Regulatory Reforms and the creation of the State
Electricity Regulatory Commissions the ERCs-which also adopt a quasijudicial regulatory approach.
17

The Karnataka state water policy 2002 recognizes the need for River Basin
Institutions after making a startling admission on institutional arrangements
and their lack of coherence and convergence. The ultimate goal would be to
transfer management, operation, maintenance, and collection of water

charges to user groups.

The Pampa River Basin Authority is very river specific and case specific
relating to the pollution of the river due to the pilgrims attending the
Sabarimala temple and the attendant pollution of the river from the waste
stream.

5. SociaI NGO Efforts

11

The Kumudvathi River Rejuvenation Project Art of Iiving Foundation

Drinking water needs of BangaIore city were 22.68 thousand miIIion cubic feet
(TMC) in 2015 however the Cauvery river could one supply 17.22 TMC. River
Kumudvathi which is a side-stream of river Arkavathy and has been supplying water
to the city since 1930s, degraded. AIso, the TippagondanahaIIi reservoir, which was
responsibIe for 30% of the city water suppIy has run dry, due to various reasons Iike
soiI erosion, deforestation, urban encroachment, unsustainable groundwater
withdrawal, massive eucalyptus plantations, Ioss of traditional knowledge etc.
The catchment area of the reservoir that fed the river has been destructed due to
urban encroachment and the massive soiI erosion has resuIted in Ioosening of soiI
particIes that consequentIy Ieads to decrease in water hoIding capacity of the soiI.
AIso, unmethodicaI pIantation of eucaIyptus has aItered the naturaI recharge
process.

18

The Art of Living Foundation, under the name of a movement called Volunteer for a
Better India Movement, had taken up the responsibility for rejuvenation of the
Kumudvathi River for the betterment of the city. The project involved 4 major steps
that are mentioned below:
1 Boulder checks - Boulder checks were used to control soil erosion by checking
the speed of rain water flow on stream paths
2 Injection wells Injection wells were to be positioned strategically after
scientific recharge will be positioned for Ground water recharging
3 Rejuvenation of local water bodies such as wells and tanks
4 Plantation of trees for increasing vegetation cover
The project was flagged off in early 2013 and has been quite a success.

19

The project also asks for involvement of the local communities. They are
encouraged to take responsibility for the restoration in their villages. Many
programs were initiated for creating local leaders. The project also promotes
organic and community farming by working with farmers, encouraging them to
come together to form farmers' clubs at Panchayat level.

20

12 River Arwari Rejuvenation: Community efforts led by the waterman

Rajendra Singh- a reputed water conservationist leads an NGO called Tarun Bharat
Sangh (TBS) in Alwar, Rajasthan. The organisation focuses and undertakes projects
on water harvesting and water management in various parts of the country. One
such undertaking is peoples movement for rejuvenation of river Arwari.
Part 1: TBS inspired the community to initiate contributing to Rain Water Harvesting
Structures (RWHS) without any Government assistance. This arduous task of
conservation and replenishment of the river by the means of reduction in fishing
activities, washing clothes, etc. yielded results with the determined efforts of both
TBS and members of the community.
Part 2: In year 1996, Jalchar Bachao Andolan campaign also known as Save the
Aquatic Life Organisms Campaign was launched to raise voice against the
governments permission to people particularly private companies to go fishing in
Arwari. To protest against the contractor, people from the village formed human chains

to stop the contractor from moving ahead. This event took place for many days,
and both the government and the police forces tried to persuade the local villagers
but could not. The dispute ended when the opposite party finally agreed and left
the village. The local villagers filed an appeal to the State Fisheries Department that
the fishing contracts should only be given for fishing in the Arwari only after seeking
permission from them.
Over the period of time, the villagers constructed more than 161 dams over the
river in 11 years. Also, more than 11 other neighboring villages came ahead to
return water back to the dry river.

13 ELAW: Environmental Law Enforcement Alliance Worldwide

India, Mexico, Peru, Guatemala & some other locations around the world have
collaborated together into this organization to fortify & commence laws which can

21

protect waterways and pollution. It attempts to realize this by supporting grass-root

advocates striving to work for cleaning up local rivers.
They focus on ecological tests and collecting water quality data for recognizing
health or other hazards that can arise from water, their sources and their remediesundertaking rejuvenation.
They work on evaluating environmental effects & proposals for potential progresses
to verify that they meet the pre-set parameters for water quality.
ELaw in partnership with Indian advocates has been making efforts for cleaning up
river Ganga for the past 30 years. The partnership is running under the leadership
of the Goldman prize winner- Mr. M. C. Mehta. It has a contamination which is much
higher than the levels prescribed by the World Health Organization.
Case: In the year 2013, ELAW partnered with Ritwik Dutta and filed a suit in
National Green Tribunal (NGT) against a polluter in Simbhaoli, Uttar Pradesh. This
resulted in a case against more than a thousand pollutants along the Ganga. As a
consequence of this movement, Supreme Court instructed National Green Tribunal
to rejuvenate the Ganga. Also, ELAW scientist Mark Chernaik is analyzing inspection
reports by law that may harm the Ganga. One major positive impact is shutting
down of several tanneries and chemical factories that were polluting the Ganga.
A similar case has been observed in Guatemala, which is in the river Motagua. In
this case, ELAW collaborated with Environmental and Water Law Alliance (ADA2) for
creating public awareness about tremendously growing pollution in Motagua and
engaging the citizens and government authorities about the strategies regarding
rejuvenation.
The scientists from ELAW identify and treat tonnage of waste, industrial effluents
and garbage from both cities as well as slums that goes straight into the river.
6. Ganga River Basin Management Plan

22

Under the Environment Protection Act, 1986, the Central Government set up the
National Ganga River Basin Authority (NGRBA), as a planning, monitoring and
coordinating agency for strengthening the efforts for effective reduction in pollution
and conservation of River Ganga. The consortium of 7 IITs were tasked by the
NGRBA to prepare a roadmap and implementation plan for the management of
resources in the Ganga Basin.
River Ganga is the third largest river in the world by discharge. It runs for a length
of 2,525 kilometres, rising in the western Himalayas, flows through northern plains
of India and empties into the Bay of Bengal. Ganga, along with her many
tributaries, has been the source of physical and spiritual sustenance for the Indian
civilization for millennia. It is considered to be the most sacred river for a billion
followers of Hinduism. Ganga covers 26% of Indias geographical area and is a
source of 525 km3/yr water out of 1,869 km3/yr available.
Despite being so revered, River Ganga has been noticeably deteriorating over the
past decades, owing to increasing industrialization and pollution. It was considered
the 5th most polluted river in the world in a study conducted by UNEP in 2007. The
rising pollution threatens 140 fish species, 90 amphibians and close to 400 million
humans that are dependent on Ganga for their livelihood. The Ganga Action Plan,
now has been running for 29 years, has failed to clean up the river, due to lack of
technical expertise, poor environmental planning and lack of support from religious
authorities.
Hence, a new plan was formulated to tackle the challenge of rapid degradation of
river Ganga, which is occurring chiefly due to the following causes:
1.
2.
3.
4.
5.

Overuse of the national resources of the basin

Discharge of pollutants into terrestrial surroundings and the river
Decline in water-holding capacities and replenishment of water bodies
Havoc caused to due ad-hoc and unplanned engineering work
Changes in geological factors.

23

Unrestrained anthropogenic activities have accelerated the rate of degradation:

1.
2.
3.
4.
5.

Industrialization and lack of effective regulation in effluent discharge

Unplanned urbanisation
Exponential growth in consumption patterns
Agriculture organized at industrial scale
Deforestation

14 Conceptual Framework of the Plan

To meet the above challenges, a conceptual framework was developed to decide
upon ways to regulate anthropogenic activities, with the following values in mind:

Aviral Dhara that is, continuous flow. The flow of river, sediments and other
natural constituents of River Ganga are continuous and adequate over the
entire length of the river throughout the year. Due to erections of dams,
barrages and significant water withdrawals, debris disposal, alteration in

recharge rates, the river network has become emaciated.

Nirmal Dhara that is, unpolluted flow. The flow in the Ganga River Network is
bereft of manmade pollution; hence the river water quality should not be

sullied by human activities.

Ecological Restoration of river Ganga is urgently needed since river
biodiversity is being rapidly lost. A rough idea of the loss of species
biodiversity in the river is evident from the progressive loss of fish catch at

Allahabad since 1950.

Sustainable Agriculture Modern agriculture practices, abundant use of
water, agro-chemicals, soil tillage, and mono-cropping practices have
increased soil erosion and degradation have depleted soil nutrients and soil

biodiversity.
Geological Safeguarding - The identified geological vulnerabilities of NRGB
include disruptive underground activities such as excavations, explosions,
tunnelling, mining, fracking, and over-withdrawal of ground-water from
confined and semi-confined aquifers, as well as over-ground activities such as
the operation of large reservoirs. River network tend to achieve equilibrium
between tectonic uplift and erosional phenomena in the basins, but both
factors have come under significant stress.
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Disaster Management can significantly harm the balance of the basins

ecosystem. The major natural disasters of real concern are heavy floods,
drought, forest fires, tropical cyclones, landslides, and epidemics and

biological invasion.
Awareness and Sensitization River Ganga basins welfare needs the cooperation and help of both formal and informal sectors of society, the data
bank along with community-specific educational material and programmes
on River Gangas environment should be accessible to citizens to enable
their participation and active involvement in the upkeep and preservation of
river Ganga.

Guided by the philosophy outlined above, the main objectives of GRBEMP are
identified. They are:

Environmental Flows shall be maintained in all rivers and tributaries of Ganga

River System to fulfil their geological, ecological, socio-economic and cultural

functions.
Water quality in all rivers and tributaries of Ganga River System shall be
consistent with their governing geological, ecological, socio-economic and

cultural functions.
Water and other aquatic resources of the Ganga River System shall be used

judiciously to enable sustainable development in the entire NRGB.

All existing, ongoing and planned anthropogenic activities in NRGB shall be
reviewed or scrutinized in a transparent and inclusive manner (with broad
consensus of all affected people and stakeholders) for the overall health of
NRGB.

15 Regulatory Action
The following anthropogenic activities are potentially damaging for the River Ganga
basin. These activities have been regulated from light to medium to heavy.

Discharge of sewage (either treated or untreated) from Class II Towns and

smaller towns and villages, directly or indirectly, into rivers.

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Disposal of industrial/ municipal solid wastes and sludge (from treatment of

sewage or effluents) to be restricted everywhere except in secure landfill/

hazardous-waste sites.
Discharge of industrial effluents (either treated or untreated) from small scale

industrial units into rivers.

Disposal and/or discharge of mining and construction debris in any rivers

flood plain, river bank or in the river itself.

Construction of bridges and associated roads, jetties, ghats, ports and
permanent hydraulic structures (for water storage, diversion or control, or

channelization) in rivers.
Permanent constructions in floodplains that affect lateral connectivity and/or

hamper flood drainage.

Withdrawal of ground water by electric/diesel operated shallow or deep tube

wells.
Sand mining, dredging, stone crushing, sediment removal, and mining of

other materials from river beds.

Plying of noisy vessels, dredging, and river bed and bank modifications.
Ritual immersion of idols, and floral and other offerings in rivers.
Deforestation of hill slopes, notified forests and other sensitive areas.
Hazardous or harmful emissions that can directly or indirectly affect terrestrial

waters (such as sulfur/nitrous oxides, pulverized fuel ash or flash, etc).

Cattle grazing on semi-barren hill slopes or in over-grazed areas.
Use of levees or embankments as major flood control devices in sediment
charged Himalayan rivers.

16 Interventions
To improve and rejuvenate the deteriorating National River Ganga Basin, several
interventions were executed by mobilizing private and public resources.

Recycling of domestic and industrial wastes and reuse of products derived

from sludge.
Development of pollution control infrastructure including sewage treatment
facilities, industrial effluent treatment plants, and solid waste and hazardous
waste landfill sites.

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Recharging ground water with unpolluted water (using kharif canals, oaleochannels, nalas, check dams.) for raising groundwater levels and enhancing

river base flows.

Environmentally safe facilities for cremation/burial of corpses and animal

carcass disposal.
Greater efficiency in irrigation water use for agriculture and fodder cultivation.
Greater efficiency in commercial, industrial, institutional, domestic, municipal

and community water use through loss minimization and controlled wastage.
Grassland development of degraded forests, wastelands and denuded hill

slopes.
Natural habitat and breeding area protection of indigenous and migratory

species and prevention of spread of exotic species in rivers and water bodies.
Eco friendly tourism, pilgrimage and recreational activities on river banks of

the Ganga.
Slum cluster removal and setting aside of other human encroachments from
active flood plains of rivers, and the use of these plains for water recharge

structure and ecological park development.

Replacement of traditional fertilizers and pesticides by bio fertilizers and bio
pesticides in agriculture, horticulture, aquaculture, forestry etc. for ground

water protection from agricultural pollutants.

Regular collection, compilation and dissemination of environmental data and
maintenance of a historical database in public domain for ready access by

any person.
Conducting environmental education programmes regularly through nonprofits and for-profit agencies for:
- Public awareness of the environmental problems at hand and their

remedies
- Development of healthy civic sense of environmental properties.
Continuous ground level monitoring through competent non-profit/for-profit

agencies of :
- NRGBs environmental status
- Implementation of prohibited, restricted and promoted activities.
Regular reviews of the Action Plans and their implementation with feedback
from all concerned individuals and agencies including rural and urban local
bodies.

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India, over the years has been unsuccessful in developing its water resources
through integrated river basin development and inter-state conflicts over the rivers
have become common. But, the Constitution allows the Union to regulate interstate
rivers in public interest. The Constitution gives full control over waters of a river to
the states but the States rights are subject to any law made by parliament for the
regulation and development of interstate rivers to the extent the control of the
Union is declared by parliament by law to be expedient in public interest. What this
means is that the parliament can make a law taking over the regulation,
development and management of an interstate river for the common benefit of the
states in national interest.
The provisions of various existing legislations indirectly affecting rivers and river
basins relate to subjects on water, sanitation, irrigation, agriculture, pollution,
fishing, ecology and biodiversity, environment, etc. Under most of these
legislations, Authorities perform the necessary functions stated under the law.
But, interestingly no authorities are entitled to play a role in prevention of river
pollution. In fact, no concerted effort has been made till date on the legislative front
against exploitation of rivers in various ways. Many issues concerning river
management do not fall within the present legislative frame, such as maintenance
of environmental flows, protection of a river basins ecology and biodiversity,
maintenance of ground water table, consolidated plans for diversion of river waters
in different stretches, discharge of sewage, obstructions to river flows and loss of
connectivity, use of floodplains and active floodplains, etc. It is desirable, therefore,
to adopt an integrated river basin management plan approach that focuses on
maintenance and restoration of wholesomeness of rivers of the Ganga basin.
Accordingly, the proposed Ganga River Basin Management Act should aim to
prohibit and regulate activities that affect the wholesomeness of rivers, and
establish authorities or institutions to regulate the activities thereon.

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17 Legal Awareness
Legal Awareness among the people will play a key role in the effectiveness of the
regulatory function intended for NMCG. Environment Monitoring and Impact
Assessment: Conduct regular field measurements of environmentrelated data in
NRGB for such information that are not regularly collected or available from other
agencies. The data may be procured through the Wings in-house facilities and
through outsourced works to technical and non-technical organizations and
individuals (such as local governance bodies, schools, colleges, NGOs, community
organizations, etc.) - Conduct random field measurements of environmentrelated
data of NRGB for specific or sporadic needs (such as to cross-check existing data or
fill up gaps in data). The data may be procured through the Wings in-house
facilities and through outsourced works as above.

Pre-process all data collected for subsequent archiving and use.

Conduct Environmental Impact Assessments of on-going

and

future

developmental and infrastructural projects in NRGB as and when the need

arises.
Monitor developmental and infrastructural projects in NRGB for which EIA or

preliminary environmental approval was granted by Commission.

Assist the NRGBMC, if required, in field measurements and monitoring that
may be needed for investigation purposes.

Research, Policy and Governance

Procure and evaluate available research reports on river basins for their

pertinence to the NRGB environment.

Identify major research needs for

government.
Conduct need-based applied research as may be possible by NRGBMC.
Conduct economic, sociological and cultural analyses pertinent to NRGBMC

NRGB, for

communicating to the

data bank as well as other information procured from government or other

sources.
Review the impacts of anthropogenic activities in NRGB from time to time.

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Review Governmental Policies and Plans (existing and under consideration)

and frame suitable Policies and Plans to ensure that the environmental needs

of NRGB are met.

Provide scientific explanations and clarifications for various recommendations

given as and when required by the government or other regulatory bodies.

Formulate good governance guidelines.

Advocacy and Sensitization:

Promote overall awareness of NRGBs environment and how NRGBMCs

measures help in safeguarding and restoring it.

Educate stakeholders (from rural communities to school students and urban
interest groups) on comprehensive understanding of complex environmental
processes and their interaction with anthropogenic activities. This will involve
preparing special educational material, training of field educators, and
conducting regular educational programs and feedback from various types of

stakeholders.
Conduct advanced interactive programmes with stakeholders and experts
through Seminars, Workshops, etc. health of NRGB.

Investigation:

Issues regarding non-implementation of measures relating to specified

prohibition, restriction, conservation and promotion of activities.

Non-compliance of policy decisions and guidelines issued by NRGBMC for

environmental preservation of the National River Ganga Basin.

Continuance of existing practices in contravention of the provisions of the Act.

7. References

[1]http://planningcommission.gov.in
[2]http://www.ibef.org/industry/pharmaceutical-india.aspx
[3]www.iosrjournals.org/iosr-jhss/papers/Vol13-issue3/H01335166.pdf?id=3395
[4]11th Annual report Pharmaceutical exports promotion council of India

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[5]http://www.scientificamerican.com/article/cost-to-develop-new-pharmaceuticaldrug-now-exceeds-2-5b/
[6]http://www.ibef.org/download/India-as-the-Global-RD-Hub-for-Manufacturing140512.pdf
[7]Deloitte, 2015 Healthcare outlook India Report
[8]10th Global Conference of Actuaries Emerging Health Insurance in India An
overview by J Anita
[9]http://sandrp.in/rivers/Rivers_Legal_and_Institutional_Issues_in_India.pdf
[10]https://en.wikipedia.org/wiki/River_rejuvenation
[11]http://www.artofliving.org/kumudvathi-river-rejuvenation-project
[12]http://timesofindia.indiatimes.com/india/Kumudvathi-a-river-on-the-path-torecovery/articleshow/52179169.cms
[13]http://www.tata.com/media/releasesinside/tata-projects-dravyavati-riverrejuvenation-project-rajasthan
[14]http://timesofindia.indiatimes.com/city/jaipur/Dravyavati-river-rejuvenationwork-to-revive-Jaipurs-water-table/articleshow/51577964.cms
[15]http://www.mumbaimegaproject.com/TheMithiRiverRejuvenationPlan.php
[16]http://timesofindia.indiatimes.com/city/nagpur/Madar-river-rejuvenationproject-on-track/articleshow/49898308.cms
[17]https://indiankanoon.org/docfragment/213807/?formInput=%22tank%20bed
%22
[18]https://indiankanoon.org/doc/324892/
[19]https://ecopackindia.wordpress.com/2013/12/14/illegal-layouts-andconstructions-will-be-removed-high-court-directions-to-bda-arkavathy-riverzone/
[20]http://nwda.gov.in/index2.asp?slid=241&sublinkid=77&langid=1
[21]http://nwda.gov.in/writereaddata/mainlinkfile/File285.pdf
[22]http://nwda.gov.in/writereaddata/mainlinkfile/File296.pdf
[23]http://nwda.gov.in/writereaddata/linkimages/2591292259.pdf
[24]https://en.wikipedia.org/wiki/Central_Pollution_Control_Board
[25]http://www.cpcb.nic.in/divisionsofheadoffice/pams/NWMP.pdf
[26]http://cpcb.nic.in/upload/Newsletters/Newsletters_17_2002.pdf
[27]http://www.greentribunal.gov.in/
[28]http://www.indiaenvironmentportal.org.in/content/429933/judgement-of-thenational-green-tribunal-regarding-air-and-water-pollution-caused-by-a-railwaysidingstack-yard-in-jakhpura-railway-station-jajpur-district-odisha-25052016/

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