LawFinder.news
LawFinder.news

NGT seeks Centre's response on plea against amended Ganga protection rules

LAW FINDER NEWS NETWORK |
NGT seeks Centre's response on plea against amended Ganga protection rules

New Delhi, Aug 23 The National Green Tribunal (NGT) has sought a response from the Centre on a petition challenging recent changes to the rules governing the protection of the Ganga.


The National Mission for Clean Ganga and the Union Ministry of Environment, Forest and Climate Change are also among the respondents.


The green tribunal was hearing a plea alleging that a government notification issued in August 2026 removed the crucial "no construction zone" along the river and its tributaries, which was contrary to the environmental rules.


According to the plea, the new notification is "ultra vires" of the Environment (Protection) Act, 1986, and destroys the original scheme intended to protect the river.


A bench of NGT Chairperson Justice Prakash Shrivastava and expert member Afroz Ahmad noted the claim that the notification amending the River Ganga (Rejuvenation, Protection and Management) Authorities Order of 2016 is contrary to the earlier judgments of the tribunal, constitutional courts, the Environment (Protection) Act, 1986 and the original notification.


In an order dated August 19, the tribunal said the applicant, Amit Kumar, submitted that the amended notification removed the "no construction zone" clause contained in the original notification and that it "wrongly defined" active floodplain based on "one in five years return period".


A one-in-five-year return period (or five-year recurrence interval) is a flood event with a 20 per cent probability (one in 25 probability) of happening or being exceeded in any given year.


The bench said the plea claimed that the new notification was against some landmark judgments by the NGT and various high courts, specifically a 2015 NGT order that noted that the Supreme Court and high court had previously directed that no construction should happen within 100 to 200 metres of the river banks, and a 2017 tribunal order directing that 100 metres from the edge of the river must be treated as a no development or construction zone for the stretch between Haridwar and Unnao (Kanpur).


"Issue notice to the respondents," the tribunal said, posting the matter for further proceedings on October 27.

Share this article: