“Our forefathers saw water in rivers and water bodies. We have seen water in taps. If the situation remains like the current one and if we fail to take urgent action to safeguard our water resources for future generations, then the next generation will see the water in bottles. If no serious action is taken now, then the future generation would see water in capsules. This is the right and high time to act now to save our precious water resources, otherwise, the day would not be far that one day or someday the civil war or the Third World War would be fought owing to scarcity of water.”
A single-judge bench of Justice Anoop Kumar Dhand of the Rajasthan High Court made this observation recently while taking suo motu cognizance of news reports that raised the issue of unauthorized encroachment and construction on rivers, lakes and other water bodies leading to environmental degradation and severe water scarcity across India.
Justice Dhand emphasized that water is vital for survival, citing its role in metabolic activities, photosynthesis and human sustenance. He said that despite covering 97 percent of the Earth’s surface, only two to three percent is safe for drinking. He further pointed out that rivers and water bodies play a crucial role in climate regulation, food production, transportation and preserving cultural heritage; they support irrigation, agriculture, provide drinking water and help in energy production, while regulating local climate and humidity. He said that rivers serve as habitats for aquatic species, but relentless encroachment threatens their survival and collective action is necessary to protect these vital resources and ensure a thriving planet for generations to come.
The Court further said that Article 21 of the Constitution safeguards human rights and imposes a responsibility on the government to protect endangered species and the environment. It cited the landmark case of MC Mehta vs Kamal Nath (1997), which established the “public trust” doctrine. This principle holds that the government is a trustee of natural resources like rivers, forests and air and must ensure their free and uninterrupted use by the public. Private ownership of these resources would be unjustified, given their significance to the general public. As the custodian, the State must manage these resources for the benefit of both the public as well as the well-being of flora, fauna and wildlife.
The Court referred to the Supreme Court which has consistently upheld the “public trust” doctrine, emphasizing its dual role in limiting government agencies’ discretion and ensuring that natural resources are utilized for public benefit, not private gain. This doctrine applies to all public properties, including water bodies, air and land, which must be managed for the well-being of present and future generations. The top court has also stressed the importance of balancing state sovereignty with public trust, prioritizing environmental protection and conservation.
The High Court observed that the central government had launched the Repair, Renovation and Restoration of Water Bodies scheme in 2005 to address the dire condition of India’s water bodies. Despite its objectives, little progress has been made. The country faces severe drinking water scarcity, which is also a global phenomenon now. Regulatory authorities must act responsibly to protect the environment and ecology, particularly wetlands and water bodies. However, these authorities often prioritize technicality over strict protection measures and liberally allow construction activities near sensitive ecosystems. The importance of water cannot be overstated and the consequences of irresponsible development are alarming.
Justice Dhand expressed concern over ongoing encroachments on ponds, lakes and rivers in Rajasthan, despite repeated directives from courts and the National Green Tribunal (NGT). He said that encroachers continue to encroach water bodies, while the government remains inactive. This endangers the well-being of living organisms and the environment. The prevailing situation only highlights the failure of central and state governments, particularly the Ministry of Environment, Forest and Climate Change and the Ministry of Jal Shakti to protect rivers from illegal constructions and encroachments. The situation is dire, with severe encroachments affecting several rivers and water bodies across the state. The government’s inaction under the Environment (Protection) Act,1986, has only allowed this exploitation to persist, he said.
The Court further said that the River Conservation Zone (Regulation of Harmful Activities) Rules were drafted in 2012, followed by notifications regarding the “River Conservation Zone” and “River Regulation Zone” in 2015. However, these notifications, including the first Draft River Zone issued in 2011, remain unimplemented to this day. “These government-initiated notifications must be enforced in both letter and spirit, rather than simply existing as dormant records. Their execution is crucial to conserving and protecting our rivers and water bodies, not only for the well-being of all living creatures, but also for the survival of aquatic ecosystems,” said Justice Dhand.
The judge observed that many rivers across Rajasthan are critically endangered and teeter on the edge of disappearance due to unchecked illegal constructions and encroachments along their riverbeds, floodplains, and catchment areas. These actions not only pollute the water, but also hinder groundwater recharge, disrupt essential ecological flows and devastate river line biodiversity. Urgent intervention is required to safeguard these vital ecosystems before they are irreparably damaged, the judge held. He also quoted a 2018 report from the Niti Aayog and various government departments that highlights that the country is grappling with its worst water crisis.
“If we do not implement strict measures immediately, we would risk losing the opportunity for future generations to thrive. If we fail to take strict action now, we would lose the chance to see our future generation flourish. It is the responsibility of each and everyone of us, governments and all stakeholders to be aware of the value of water and to act to preserve this vital resource,” the judge observed. He called for combined efforts of individuals and government authorities to initiate a movement to protect rivers and water bodies.
The judge said that illegal constructions and encroachments on riverbeds, floodplains and the catchments of rivers and their tributaries directly violate Section 24(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974. This crucial legislation is designed to prevent and control water pollution, making such encroachments not only an environmental concern, but also a serious legal offense. “The integrity of our water bodies is paramount, and adherence to this Act is essential for safeguarding our precious water resources,” he said.
The judge issued show cause notice to the respondents and asked them to explain why the following directions should not be issued:
- Constitute a state-level committee under the chairmanship of the chief secretary, Government of Rajasthan, with all senior IAS and RAS officers of the concerned departments to monitor the effective implementation of water conservation scheme introduced by the government.
- Form divisional-level and district-level committees, including divisional commissioner and district collectors of each district, to ensure that there is no encroachment over rivers, lakes, ponds and water bodies, and if any encroachment is found, effective steps be taken immediately to remove the same.
- Demolish illegal and unauthorized constructions and encroachment on rivers, floodplains and catchment areas, on water bodies, water courses and water channels and restore the same to their original shape.
- Issue directions to notify the River Conservation Zone (RCZ) Regulations, 2015, forthwith without any delay.
- Issue directions to take immediate steps under Sections 3 and 5 of the Environment (Protection) Act, 1986, for not allowing any further illegal and unauthorized constructions and encroachment over rivers, water bodies and catchment areas of all rivers, water courses and water channels.
- Issue directions to launch satellite, drone and other aerial surveillance mechanisms, online monitoring mechanism with dedicated control rooms, and redressal mechanism for preventing and checking illegal and unauthorized constructions and encroachments over rivers, water bodies and catchment areas.
- Issue directions to the central and state government as well as the concerned department to set up a website that will be responsible for creating awareness about complaint mechanism and responsibilities of the concerned authority. The website must have contact details of the officer concerned and a toll-free number.
The judge said that these must be done in the interest of justice. He also asked assistance from advocates and a report from the chief secretary and the Ministry of Jal Shakti. The next hearing is on November 18.
—By Shivam Sharma and India Legal Bureau