laws and polilicciies for prottitection of waterbodies in india -...
TRANSCRIPT
L d liLaws and policof waterbodieslegal and institu
India Ha
i f t ticies for protectionin India - Need for
utional review
abitat Centre, December 2013
Water w
Lakes/wetlands are vital sponrecharge groundwaterg g
Every city gave its land for ra
Today.......
These holes in the ground arefor builders, the last resort fordumps.
wealth
nges. They prevent flood and
in.
e either lucrative real estate r slum dwellers, or garbage
Legal battles to save the lak
The cases have been filed in the fgovernment apathy. They are responses to encroachmThey are responses to encroachm
changes in the use of the land of tSeveral petitioners faced resistan
l t t d l ith litireal estate developers with politicaAlthough water policies talk about
is no clear framework to ensure thThere are not clear laws to protecCorruption charges on agencies rMultiple agencies without clear mMultiple agencies without clear m
responsibilities
kes: Common features
face of water shortage and
ment or government-authorisedment or government authorised he lakes or their catchment areas.ce, even threats, from land and l tial connections.
t protection of water-bodies, there at lakes are not protected. p
ct waterbodies and their catchment.responsible for protection.andate in terms of role andandate in terms of role and
Churning still wate
I.Who owns the waterbody?
II.How many waterbodies are tII.How many waterbodies are t
III.Which waterbodies should b
IV.What is the no-construction
V. Will the catchment and chan
be protected?
VI Who ill maintain the aterVI.Who will maintain the water
er: Few questions
there?there?
be protected?
zone around the waterbody?
nnels feeding the waterbodies g
rbod ?rbody?
Policies to save the wNational water policy formulated in 19about revival of traditional systems
Ministry of Environment and Forests hConservation Programme in 1983 for waterbodieswaterbodies
Since most of the lakes are in urban apollution and encroachment the minispollution and encroachment, the minisprogramme in 2001 called National Lathe urban lakes. Few states develope
Current update: New integrated proConservation of Aquatic Eco-systeConservation Plan and the NationaConservation Plan and the NationaProgramme
waterbodies in India997 and revised in 2002: Talks only s
has developed the National Wetland r conservation of lakes and other
areas and face more threats of stry developed a separatestry developed a separate ake Conservation Plan to conserve
ed State Level Conservation Plan
ogramme - National Plan for ems by merging National Lake al Wetlands Conservational Wetlands Conservation
Policies to save the w
The National Conservation Straon Environment and DevelopmeNational Project for Repair, Re
(RRR) of waterbodies directly linRegional plan 2021 National CRegional plan-2021, National CNational Water Mission under N
Climate Change (2009)Climate Change (2009)
The Comptroller and Au(CAG) report 2011 sayEnvironment and Foresundertaken any invento
waterbodies in India
ategy and Policy Statement ent (1992)novation & Restoration nked to agriculture (2005)Capital Region (NCR) (2005)Capital Region (NCR) (2005)National Action Plan on
uditor General’s ys that the Ministry of st has so far not ory of lakes
Few existing laws and pWetlands (Management and ConservMinistry of Environment and Forestsmanagement of wetlands.
Guwahati Water Bodies (PreservatioThe objective is to preserve wetlands af fof the waterbody for its protection.
East Kolkata Wetland Conservation Thi bill i l d i i f litiThis bill includes provision for penalitie
Andhra government’s ‘Water, Land, Th t t t i t tThe act empowers state agencies to tato prevent conversion.
olicies to save the lakesvation) Rules, 2010 was issued by s (MOEF), for conservation and
on and Conservation) Bill 2008and to re-aquire lands in the peripery
and Management bill, 2006.R 1 l kh f h ts – Rs 1 lakh for encroachment.
Trees Act’, 2002. k t t t t t b di dake steps to protect water bodies and
Missing points in W
The involvement of the stakeholdewaterbodies has been ignoredwaterbodies has been ignored.No clarification on the traditional rThe way by which the stakeholde
th it i th t t f il t iauthority in case the state fails to inot clear. The rule does not mention about a
people who do not abide by these The new rule prohibits any entry o
wetlands but it is not mentionedwetlands — but it is not mentionedwetlands which helps in treating thcategorised.No mention on capacity building a
mapping in general
Wetland Rules 2010
ers and other citizens near the
rightsrs would approach the wetland d tif th t d t b d identify a threatened waterbody is
a well defined penalty for the p yrules.
of untreated sewage into the d how wetlands like East Kolkatad how wetlands like East Kolkata he waste water —will be
and preparing inventory or
Case sttudies
Real estate on water: Ca
Charkop lake in Mumbai, Maharasstarted reclaiming the lake bed
Real estate on water: Cab
started reclaiming the lake bed.
United Association for Social, Educational aNGO filed PIL in 2009.
2009
Current update: The High Court of Bombstop the builders
ase on reclamation of lake
shtra:From 2005 onwards, the builders
ase on reclamation of lake ed
2011
and Public Welfare, Mumbai based
bay gave a verdict which could not
Lake assault: Case on en
Ousteri lake in Puducherry: Illegal cOusteri lake in Puducherry: Illegal cthe lake from 2006 onwards.
Ousteri Protection Coordination Commith t ti f di l ll ththe construction of medical college on th
Sewage from the college has been dire
C t d t I it f i j tiCurrent update: In spite of injunctionconstruction continued.
ncroachment of lake bank
construction started on the banks ofconstruction started on the banks of
ttee (OPCC) filed a PIL (2006) to stop h b k f th l khe banks of the lake.
ctly connected to the waterbody
f th Hi h C t thn from the High Court, the
Eksar lake, Mumbai, Maharashtra: L
Concrete drama: Case o
lake from 2008 onwards
In 2009, a PIL was filed. In 2011, an interto stop any further constructionto stop any further construction.
Current update: The lake was already c
Local MLA started filling up the
on encroachment of Eksar lake
im order was passed by the High Court
concretised.
VanishinBadkhal lake, Faridabad, Haryana: Min
d th l k l t l dmade the lake completely dry.
M C Mehta in 1995, filed a Public Interestone crushing in the Aravallis citing thearea.
Current update: In response to the PImining in the nearb Ara alli hillsmining in the nearby Aravalli hills
ng lake ning activity in the catchment area has
est Litigation (PIL) against mining and e drying up of these water bodies in the
IL, Supreme Court of India banned
Watered
Khurpatal, Uttarakhand:Construction of required mindless extraction of groundwa
Watered
required mindless extraction of groundwalake. The springs downhill remains dry alof the farmers has been affected.
2009
Dr. Ajay S. Rawat, Professor of History in illegal boring of groundwater in the lake ar
d down
f buildings in the catchment of the lake ater from the surrounding areas of the
d down
ater from the surrounding areas of the most through out the year. Livelihood
2011
Kumaon University filed a PIL against the rea,
Boring activity near Khur
Current status: High Court of Uttaextractionextraction
rpatal
arakhand banned any borewell
Mayapuri lake, Delhi: Government isthe bank of the lake Justifies that it is
Waste recep
the bank of the lake. Justifies that it is
In 2000, Delhi based organisation TAPAS
Current update: The court is yet to de
In 2000, Delhi based organisation TAPAS
Current update: The court is yet to de
s planning development work on an artificial pit
ptacle
an artificial pit
S filed a PIL to save the Delhi waterbodies
ecide the fate of the lake
S filed a PIL to save the Delhi waterbodies
ecide the fate of the lake
Deepor beel, Guwahati, Assam: Thethe last ten years Illegal construction
The broken
the last ten years. Illegal construction,the direct threats to the lake.
In 2006, Deepor beel Unnayan Samencroachment of the lake. In the samfil d h PIL i lidfiled another PIL against solid waste
e wetland shrunk by more than 15 % in dumping of garbage soil quarring are
n mirror
dumping of garbage, soil quarring are
iti filed a PIL against the me year, the residents near the lake
d i i h l k dumping in the lake
Polluted to
Current update: Forest department c
o the brim
came forward to preserve the lake
Powai lake, Mumbai, Maharshtra: Solid
Where do we dum
Powai lake, Mumbai, Maharshtra: Solidentry of sewage from the surrounding, gromajor threats
A petition was filed in 2000 by local MLA to
C d Th i i l iCurrent update: The municipal corporatibeautification of the lake in the name of
d waste dumping, direct
mp our waste?
d waste dumping, direct owth of water hyacinth are the
save the lake
i l i hion only concentrating on the revival
Dal lake, Kashmir, Jammu and Kashthe lake are the threats
In 2000, Syed Mujtaba Hussain, a human , y j ,based non governmental organisation filed
Current update: A high level committeelook after the lake Lakes Waterways Delook after the lake. Lakes Waterways DeKashmir is taking initiative to clean the
hmir: Pollution and encroachment of
rights lawyer, and Green Kashmir, a Srinagar g y , , gd a PIL to save the lake.
e has been appointed by the High Court to evelopment Authority Jammu andevelopment Authority, Jammu and lake
DiminishingKanyakumari tanks: Growth of weelotus cultivationlotus cultivation
In 2007, few local environmentalists fi
Current update: 2009, lotus cultivatCurrent update: 2009, lotus cultivatbeen banned in Kanya Kumari by th
g returnseds due to application of manure for
led a case to protect the tanks
tion for commercial purpose hastion for commercial purpose has he court.
Fishy faFishy faChilika lake, Orissa: Fights between fishcommunities over fishing rights. Chilika Chilika Movement) began in 1991 againprawn cultivators.
In 2002, Chilika (Regulation) Bill was passed non-fisher folknon fisher folk.
Current update: Fishermen protested againBill
actsactsermen and non fishermen Banchao Anadolan (The Save
nst the TATA's project and other illegal
giving only 30 per cent fishing rights to
nst the anti-fisher folk ‘Black Chilika
Bhimtal lake, Uttarakhand rord
In 2001, Fredrick Smetacek (Jr), Chief co-oVanishing Environments (SAVE), a Bhimtal organisation, filed a PIL in the High Court ofNaintal area
revived after the High Court der
ordinator of Society of Appeal for based non governmental f Uttaranchal to save the lakes of
Healing touch: Naintal High Court jg j
In 1993, Dr. Ajay S. Rawat, Professor of in the Supreme Court of India to save thein the Supreme Court of India to save the
lake revived after the judgementj g
History in Kumaon University filed a PIL e Nainital lakee Nainital lake
Kolleru lake in Andhra Pradesh: Resto2006.
In 1998, Dr. T. Patanjali Sastry, President, EnvDanavaipeta,Rajahmundry filed a PIL in the Hof the Kolleru lake
red after directions from the court in
vironment Centre, High Court to protect the ecosystem
Points for the protectioOwnership of the waterebpList mapping and earmark
on ground in the cityon ground in the cityMap and work on ground t
the waterbodiesthe waterbodiesMap and work on ground t
channels feeding the waterchannels feeding the waterto be taken.Lack of information sharinLack of information sharin
framework for the protectiokey stakeholderskey stakeholders.
on of waterbodies odies
kings of the waterbodies
the buffer zone around
the catchment and rbodies and precautionsrbodies and precautions
g about the legalg about the legal on of the waterbodies for
Churning still wChurning still w
The protection of watepcatchment is only halfchallenge lies in ensurgbodies are supplied unthat is, they are rechart at s, t ey a e ec a
waterwater
erbodies and their f the story. The real ring that these gnpolluted rainwater, rged.ged
Thank you