The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the uncontrolled dumping of soil into the Umiam River at a construction site near the Umiam bridge in Shillong (Meghalaya), which has led to severe pollution, turning the river’s oncecrystal-clear water into a concerning shade of orange.
The Petition is registered suo-moto on the basis of the news item dated 26.05.2024.
As per the article the environmental pollution has been observed along the river stretch from Umiam to Dwar Ksuid downstream.
The news item highlights that the Umiam River was traditionally used by many villagers for irrigation, washing clothes, and other purposes, which has been significantly impacted by this pollution. There is outrage among the locals who rely on the river water for their daily needs against the sudden change in the river’s colour and its now mudladen waters.
As per the article, the primary source of the pollution is the unregulated dumping of soil on the riverbank near the Umiam bridge as this area is currently undergoing heavy earthwork construction of a hotel, which has led to significant amounts of soil entering the river.
The news item alleges that the pollution of the Umiam River has not only caused immense inconvenience to the downstream communities who depend on it, but it also poses a serious threat to aquatic life. As per the article, the soil dumping is not only occurring at the hotel construction site, but similar activities are also taking place in the Mawiong area. The sedimentation due to the above activities can suffocate fishes and other aquatic organisms in the river and disrupt the natural flow and quality of the water, ultimately leading to a loss of biodiversity in the river ecosystem.
The above matter indicated Bench violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974; Solid Waste Management Rules, 2016, Environment Protection Act, 1986 and C & D Waste Management Rules, 2016.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Meghalaya State Pollution Control Board, Through its Member Secretary.
ii. Central Pollution Control Board, through its Member Secretary.
iii. Ministry of Environment, Forest and Climate Change.
iv. Deputy Commissioner, Ri Bhoi District .
The Bench issued notice to the Respondents.
Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, the Bench transferred the matter to the Eastern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Eastern Zonal Bench and the matter is listed on 05.09.2024.
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