Context
- Recently, the National Green Tribunal (NGT) ruled that the National Highway Authority of India (NHAI) violated environmental regulations during the construction of the Urban Extension Road-II (UER-II) in Delhi. The tribunal found that the NHAI encroached upon a protected wetland in Goyla Khurd village by constructing permanent concrete pillars within the water body.
- This violation came to light through a media report, prompting the NGT to take suo motu cognizance of the 80% disappearance of the pond. The court has now directed the Ministry of Environment, Forest and Climate Change (MoEF&CC) to review the environmental clearance granted to the project and take corrective measures within six months.
1. The Wetlands (Conservation and Management) Rules, 2017
Wetlands are often called the “kidneys of the landscape” due to their water purification abilities. In India, they are protected under these specific rules:
- Prohibited Activities (Rule 4): The rules strictly prohibit any reclamation of wetlands or the construction of any permanent structures on them.
- Definition: Wetlands include areas of marsh, fen, peatland, or water, whether natural or artificial, permanent or temporary.
- State Wetland Authority: The 2017 rules decentralized power, making State/UT Wetland Authorities responsible for identifying and notifying wetlands in their jurisdiction.
- Digital Inventory: Authorities are required to maintain a digital inventory of all wetlands to prevent encroachment.
2. Environmental Impact Assessment (EIA)
The EIA is a statutory process under the Environment Protection Act, 1986, used to evaluate the likely environmental impacts of a proposed project.
- Transparency: Project proponents (like NHAI) must disclose all potential impacts, such as construction within water bodies.
- The Violation: In the Urban Extension Road-II (UER-II) case, the NGT noted that NHAI failed to disclose the construction of pillars within the pond during the clearance process, leading to a lack of proper impact assessment by the MoEF&CC.
3. National Green Tribunal (NGT)
Established under the NGT Act, 2010, it is a specialized body for the effective disposal of environmental cases.
- Suo Motu Power: As affirmed by the Supreme Court, the NGT has the power to take up cases on its own (without a formal complaint) based on media reports or other information.
- Composition: It consists of a Chairperson (Judicial Member) and both Judicial and Expert Members to ensure technical accuracy in judgments.
- Mandate: It must endeavor to dispose of cases within 6 months of filing.
- Principles of natural justice: The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, and 1908 or the Indian Evidence Act, 1872 but shall be guided by principles of natural justice.
- Key Environmental Laws Handled by NGT:
- The Water (Prevention and Control of Pollution) Act, 1974,
- The Water (Prevention and Control of Pollution) Cess Act, 1977,
- The Forest (Conservation) Act, 1980,
- The Air (Prevention and Control of Pollution) Act, 1981,
- The Environment (Protection) Act, 1986,
- The Public Liability Insurance Act, 1991 and
- The Biological Diversity Act, 2002.
4. Urban Wetlands: Challenges and Importance
Urban wetlands like the one in Goyla Khurd are critical for:
- Groundwater Recharge: Essential for cities like Delhi facing water scarcity.
- Flood Mitigation: Acting as sponges during heavy monsoon rains.
- Biodiversity: Supporting local flora and avian species.
Q. With reference to the protection of wetlands and environmental governance in India, consider the following statements:
1. Under the Wetlands (Conservation and Management) Rules, 2017, the Central Government has the primary responsibility for identifying and notifying all local wetlands.
2. The National Green Tribunal (NGT) is an autonomous body that lacks the power of suo motu cognizance, requiring a formal petition to initiate proceedings.
3. The Environment Impact Assessment (EIA) is a mandatory process for large-scale highway projects under the Environment Protection Act, 1986.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Solution: Answer: (a)
• STATEMENT 1 IS INCORRECT: Under the 2017 Rules, this power is decentralized to the State/UT Wetland Authorities. The Central National Wetland Committee plays an advisory role.
• STATEMENT 2 IS INCORRECT: The NGT possesses suo motu powers, allowing it to initiate cases on its own motion to protect the environment.
• STATEMENT 3 IS CORRECT: Highway projects (Category A or B depending on length/expansion) require mandatory Environmental Clearance based on an EIA report.
