NGT steps up for water conservation in Rajasthan

The National Green Tribunal (NGT) has taken steps to safeguard Rajasthan's water resources. The NGT has formed divisional-level committees in the state, tasked with making sure that government water conservation efforts are working effectively. These committees, led by the Revenue Commissioner, have a crucial mission: to clear out any illegal construction or occupation near ponds, tanks, and lakes.

Moreover, the NGT has made a specific request to the Rajasthan State Pollution Control Board. They've asked this body to prevent the release of untreated wastewater and solid waste into these water bodies. This is a crucial move because pollution harms both the environment and people's health.

The NGT has emphasized the need to take strong action when it comes to encroachments and the discharge of waste into these bodies of water. Part of this action includes imposing fines, called environmental compensation, on those who violate the rules. This is meant to discourage practices that harm the environment.

Committee’s mandate

The committee, chaired by the Revenue Commissioner, is expected to remove encroachments over ponds, tanks, and lakes. This directive was issued by the NGT Central Zonal Bench in Bhopal on September 25, 2023.

The NGT has specifically asked the Rajasthan State Pollution Control Board to prevent the discharge of untreated water and solid waste into water bodies. In case of encroachments on water bodies or the release of solid and liquid waste into them, appropriate action must be taken, along with the imposition of environmental compensation.

Additionally, the NGT recommends installing water treatment plants to purify the water from these bodies. The municipal corporation is responsible for putting these in place and ensuring existing sewage treatment plants work properly. In areas without sewage treatment plants, the NGT advises considering in-situ remedial processes.

The NGT's actions underscore the importance of protecting water bodies and making sure they are used sustainably. This is critical for the environment and for the well-being of future generations. These actions follow the principles of public trust and the precautionary principle, stressing the government's duty to protect and preserve these crucial natural resources.

Triggering Incident

The NGT order was issued following an application alleging illegal encroachments and constructions on grazing land. The petition also raised concerns about debris dumping in Bagela Pond.

According to the applicant, truckloads of debris were being deposited into the pond. Moreover, Valansia Resort has blocked the natural water source feeding the pond for construction purposes.

In response to these allegations, the tribunal directed the Udaipur collector and the municipal corporation to promptly remove the encroachments and ensure that no solid waste is disposed of in the pond area.

Furthermore, provisions should be made for a treatment plant to purify the water. The municipal corporation is responsible for installing and maintaining sewage treatment plants (STPs), ensuring the proper functioning of already installed STPs. In areas where STPs are absent, in-situ remedial processes should be considered.

Upholding Constitutional Rights

The tribunal’s directive aligns with Article 21 of the Constitution of India, which protects not only human rights but also casts an obligation on human beings to protect and preserve species from becoming extinct. Conservation and protection of environment is an inseparable part of right to life.

In M. C. Mehta v. Kamal Nath and Others (1997) 1 SCC 388, the Court enunciated the doctrine of “public trust”, emphasizing that resources like air, sea, waters and forests have such great importance to people as a whole that it would be unjustified to make them a subject of private ownership.

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