Court mandates engineering solutions to preserve natural resources, insists on feasibility studies for alternative infrastructure
In a significant ruling, the Rajasthan High Court has halted the construction of a bitumen road over the Luni River bed, recorded as "Gair Mumkin Nadi," underscoring the need for environmental protection and sustainable development. The court declared that river beds are crucial environmental and ecological resources that cannot be altered for public projects without appropriate engineering measures that preserve their natural state.
The judgment came in response to a Public Interest Litigation (PIL) filed by the Pradushan Nivaran And Paryavaran Sanrakshan Samiti, challenging the construction of the road. The petitioners argued that the road was being built on the river bed instead of the designated path outlined in the master plan, thus threatening the ecological balance and natural drainage systems.
The division bench, comprising Dr. Pushpendra Singh Bhati and Dr. Nupur Bhati, emphasized that river beds should not be treated as vacant land for development. The court highlighted the adverse effects of such development on flood management, groundwater recharge, and environmental sustainability. It noted that allowing construction on river beds could set a dangerous precedent, leading to the encroachment and gradual disappearance of these vital natural resources.
The court suggested that infrastructure projects crossing river stretches should employ engineering solutions like elevated corridors or bridges to maintain the integrity of river beds. It directed the State of Rajasthan to consult technical experts and evaluate the feasibility of such solutions, ensuring that the river land remains unobstructed while maintaining public connectivity.
Furthermore, the court ordered the authorities to submit an affidavit with expert reports on the feasibility of elevating the road structure or adopting other engineering measures. The court will review these submissions to ensure the protection of the river land and assess whether any action is needed against officials responsible for the construction.
The court also addressed a specific concern regarding a sharp curve on the road, which poses potential traffic hazards. The authorities have been asked to rectify this issue to ensure public safety.
The matter is scheduled for further hearing in four weeks, allowing time for the submission of the required reports and proposals.
Bottom line:-
Construction of public utility projects over river beds recorded as "Gair Mumkin Nadi" is impermissible without adopting appropriate engineering measures that preserve the natural character of the river and comply with environmental sustainability requirements.
Statutory provision(s): Environmental Protection Act, Public Interest Litigation principles, Constitutional obligation to protect natural resources
