NGT seeks Centre’s response on change in floodplain rules, Pg12

Key Highlights:

• The National Green Tribunal (NGT) has sought a response from the Centre regarding an amendment to the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.
• The amendment, issued by the Jal Shakti Ministry, removed the "construction-free zone" designation from the Ganga's floodplains.
• It redefined the floodplain into three distinct zones: an active floodplain (inundated by a one-in-five-year flood), a regulatory zone (flooded once in five to 25 years), and a warning zone (flooded once in 25 to 100 years).
• Environmentalist Amit Kumar challenged this change, arguing it contradicts the original 2016 order, which defined the floodplain largely by a one-in-100-year flood line and mandated a no-construction zone.

Ganga Floodplain.jpg

Detailed Insights:

• The NGT bench, comprising Chairperson Justice Prakash Shrivastava and Expert Member Afroz Ahmad, has directed the government and other respondents to submit their replies by October 27.
• The original River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016, was issued under Section 3 of the Environment (Protection) Act, 1986, and explicitly designated the banks and floodplains as a construction-free zone.
• The petitioner highlighted that the amendment runs counter to earlier rulings, including a 2017 judgment that established a 100-meter no-development zone from the river's edge on the Haridwar-to-Kanpur stretch.
• The amendment was notified by the National Mission for Clean Ganga (NMCG), which operates under the Jal Shakti Ministry.
• Floodplains are crucial for ecological balance, providing natural flood control by absorbing excess water, recharging groundwater, and supporting diverse biodiversity.
• A government official explained the amendment as an effort to correct a "legal inconsistency" in the original order, which did not explicitly define the term "active floodplain."

Key Concepts Involved:

• National Green Tribunal (NGT): A statutory body established under the National Green Tribunal Act, 2010, for the effective and expeditious disposal of cases relating to environmental protection and the conservation of forests and other natural resources.
• Jal Shakti Ministry: Formed in May 2019 by merging the Ministry of Water Resources, River Development & Ganga Rejuvenation and the Ministry of Drinking Water and Sanitation, it focuses on integrated water management and Ganga rejuvenation.
• Floodplain: A low-lying area adjacent to a river, formed by river sediments, which is subject to periodic flooding and plays a vital role in the river's ecosystem.
• River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016: A statutory order issued under Section 3 of the Environment (Protection) Act, 1986, aimed at pollution abatement, maintaining ecological flows, and protecting the Ganga river basin.