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SC bans construction within 100 metres of Rajasthan’s Jojari river edge
The direction was issued in a suo motu petition regarding pollution of the Jojari river, which risked the lives of two million residents in the state
The Supreme Court on Monday banned construction or development activity within 100 metres of the Jojari river edge. It also directed the Rajasthan government to ensure protection of the riverine system and prohibit any hazardous industry from being set up within 500 metres of the river.
The direction was issued in a suo motu petition regarding pollution of the Jojari river, which risked the lives of two million residents in the state. The court earlier this month directed the Rajasthan government to constitute an Integrated Coordinated Group (ICG) headed by the chief secretary and a River Rejuvenation Commission to oversee conservation of rivers and river basins in the state, identify all encroachments, and demarcate the High Flood Line (HFL) for every river.
Since the exercise was bound to take time, a bench of justices Vikram Nath and Sandeep Mehta directed on Monday, “In our view, it is necessary to put in place some interim protection until there is a scientific determination of HFL and buffer zone. We direct that no construction or development activity will take place within a distance of 100 metres from the river edge.”
Further, the order said, “Since HFL is to be defined, we direct that no hazardous industry is allowed within 500 metres of the HFL or the path of the river until completion of the scientific study of HFL and the ecological zone.”
The matter is listed for September 22. The court directed the state to file a further status report. It also clarified that the ICG is an internal arrangement conceived by the court for better implementation of its orders and should not overlap with the functions of a high-powered committee set up by the court, headed by former high court judge, justice (retd) Sangeet Lodha, to examine the issue of pollution in the Jojari-Luni-Bandi river ecosystem and suggest remedial measures.
The court further directed the ICG to coordinate with the HPC headed by justice Lodha and develop a Comprehensive Resolution Plan. The ICG was further tasked to carry out a comprehensive survey for the identification and removal of all encroachments and illegal mining sites within the riverbeds, HFL, and ecological buffer zones of the Jojari-Bandi-Luni river system.
The Justice Lodha committee provided instances of grave industrial pollution, with chemical waste being dumped directly into the river. The court directed the formation of a special investigation team to enquire into the lapses and register criminal cases against the concerned companies, public officials, among others.
