NGT questions decision to scrap river zone policy

PUNE: RRZ policy that spelt out, among other things, no-development zones within specific distances of the high flood lines on either sides of the river basins.The National Green Tribunal's western region bench here has questioned the state government's authority to revoke the River Regulation Zone (RRZ) policy that spelt out, among other things, no-development zones within specific distances of the high flood lines on either sides of the river basins.
In an order issued on September 28, the bench of Justice V R Kingaonkar and Ajay A Deshpande directed the state environment department to file an affidavit explaining how revocation of the RRZ policy be not deemed void ab initio (invalid from the outset). The policy was issued under the Environment Protection Act (EPA), 1988, a central enactment, and ought to have been revised/revoked by a competent authority under the same Act, the bench noted.
"Taking a policy decision in such a matter, in our view may not be in keeping with the provisions of the EPA," the bench observed while directing the affidavit to be filed by an officer not below the rank of the deputy secretary in the state environment department by October 27, the next date fixed for a final hearing of the matter.
The tribunal was hearing an application filed by Subhash Ramkrishna Patil through lawyers Vilas Mahajan and Pushan Bhule, highlighting the problem of discharge of untreated sewage and construction debris into rivers Mutha and Mula in the city.
On January 15, the BJP-led government had issued a notification revoking the RRZ policy that was in force for the last 15 years, claiming that it was bad in law. The move had drawn criticism from environmentalists, who felt the decision was aimed at facilitating interests of certain industries.
The bench took cognizance of the fact that no one appeared for the environment department and observed, "We are of the opinion, prima facie, that the issue regarding revocation of the RRZ policy is required to be examined." This was after the Maharashtra Pollution Control Board (MPCB) filed an affidavit indicating that riverine water at particular place is of grade A-IV as per the earlier RRZ policy.
The MPCB submitted that the gradation was in accordance with the earlier RRZ policy and the monitoring results needed to be compared with the approved classification of river, in view of the fact that the earlier RRZ policy has been scrapped by the state government. "A revised affidavit will be filed with such details and also all other major sources/sewage treatment plants (STPs) which are operated by the industries and construction projects discharging effluents in the rivers,"
The bench observed, "It is, therefore, essential to know as to how the state could invoke the power of taking policy decision when the earlier notification (RRZ policy) was by way of direction under Section 5 of the EPA and it was not a policy decision of the state. In other words, when the earlier direction was under particular provision of the enactment, normally it could be revised or revoked under the provision of the same Act by the competent authority, namely, the central government or the delegated authority like state government if the powers are delegated."
The bench also directed the applicant to place on record a map indicating the points from where untreated sewage is being discharged in the river which causes the alleged pollution.
"The discharge points are required to be located in order to apply 'Polluter Pays Principle' in as much as some developers/builders might be the persons who are discharging untreated sewage or might be dumping the debris in the river through such channels, mixing it with water used for construction work," the bench observed.
On January 15, the new BJP-led government had issued a notification revoking the River Regulation Zone policy that was in force for the last 15 years, claiming that it was bad in law. The move had drawn criticism from environmentalists, who felt the decision was aimed at facilitating interests of certain industries