The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to RiverFront Projects (RFD) in Jammu destroying the Tawi river leading to gradual decline in flows, continual rise in solid and liquid waste pollution, encroachments, and riverbed mining.
The Petition is registered suo-moto on the basis of the news item dated 11.05.2024.
According to the article, the government of Jammu has been pumping crores of rupees into an artificial lake and RFD project for over the past one and half decade in a non-transparent and questionable manner. Initially, the project was to be completed in 2 years. But the next one year was lost in the drawing, designing and consultancy and the actual work started in July 2010. Since then, the project has allegedly faced repeated delays and cost escalation due to slow release of funds and interdepartmental issues.
The news item states that the project was approved in 1986 by Governor Jagmohan with an estimated cost of around Rs. 23 crores. The main objectives were to facilitate groundwater recharge in Kandi belt, to get 120 cusec irrigation water for Chatha, Tawi island villages and to make Jammu an independent tourist destination. The project also had components to beautify riverbanks, implement flood control action plans and divert sewage drains polluting Tawi river in Jammu. However, the project saw no progress on ground for the next two decades.
Furthermore, locals have even stated that the project site has been changed many times from Nagrota to Nikki Tawi stretch to location between Bahu Fort and Sidhra Bridge in 2008 and then to the area covering Bhagwati Nagar to Gujjar Nagar bridge stretch where the work started in 2010. The Sept 2014 floods significantly affected the project. The barrage structures had suffered continuous damages during annual monsoon floods. I&FC had not recovered money paid in advance to the company for the work yet to be done.
According to the news item, the project kept getting delayed and stalled due to financial and other irregularities. Finally, the P&R Infra Projects was given project work in August 2022 through e-tendering and the company started completing the balance work in September 2022. However, the project has missed the April 2023 deadline and as of May 2024 the work has not been completed.Moreover, flood threats on the Tawi barrage project are looming large yet again. The project also faced some damages during May and July 2023 flash flood spells in the river.
It is stated that only two of the gates are remaining to be installed and the barrage project would be completed by June 2024. According to the article, this project has been environmentally insensitive, climate maladaptive and socially exclusive.
So far, both the projects Tawi barrage and RFD are incomplete. The projects have common components supplementing each other but are being built by different agencies separately without any coordination. Both projects have undergone changes in design, DPRs and have been facing delays in execution for long while the construction cost has already crossed Rs. 324 crores including Rs. 131.53 crore in Tawi barrage and Rs. 194 crores in the first phase of Tawi RFD. Additionally, both projects have suffered flood damages and are vulnerable to flood threats apart from having potential to turn the flood into disaster.
The above matter indicated Bench violation of the provisions of the Environment Protection Act, 1986 and the Water (Prevention and Control of Pollution) Act 1974.
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. Jammu Municipal Corporation, Through its Commissioner.
ii. Jammu Development Authority.
iii. J&K Pollution Control Committee, Through its Member Secretary.
iv. Director General, National Mission for Clean Ganga.
v. Central Pollution Control Board, Through its Member Secretary.
vi. Regional Office, MoEF & CC, Jammu.
The Bench issued notice to the Respondents and listed the matter on 18.09.2024.