By Abhishek Joshi :
Development, high speed connectivity and expressway. These words are not borrowed from a IT tele co advertisements but were brought to fore by the Uttar Pradesh, Mayawati Government when the “Ganga Expressway” project was launched served enthusiastically by jubilant government machinery to the people of the state on the pseudo plank of development in 2007. The project ensures a construction of 1047 kms of 8 lane expressway on left bank of river Ganga connecting eastern and western boundaries of the state from Greater Noida to Ballia. The expressway shall also impregnate other developments initiative along side with development of new townships, industries and urban colonies, golf courses attracting dense urbanization of the project creating or equalling “world class” infrastructure. Yes, the only victim in the process the already exploited and abused “silent” river bed of river Ganga. Costs, just some 31,000 Crores.
The proponents of developmental lapped this announcement, crediting the government with being at least serious to prop up the once “bimaru” image of the state. Not every where.
Silently working to challenge this project announcement a group of voluntary organizations, Ganga Mahasabha and the like were busy preparing the arguments of the environmental catastrophe this would cause on the ecology of the river and habitants living next to the river bank. The right side, already urbanized with cities grappling with its own issues and the impact it has on the river and its flow was perhaps getting prepared to be squeezed both sides for it no longer be called a river an turning the “national river” to a stinking nala. Not to have seen this happening, they filed a PIL ( a public interest litigation) in Hon. Allahabad High Court.
Excerpts of the PIL as pleaded by the petitioners:
There is no river in the world which has influenced humanity or contributed to the growth of material civilization, or of special ethics to such an extent as the Holy River Ganga. The mighty river which has silently worked through ages in an unceasing process of regeneration of the soil, spreading life and sustenance of humanity, is today struggling to survive from uncontrolled and unabated pollution of its waters caused by sewage discharge from towns, cities including discharge of effluents from industries, tanneries and mills situated on its banks. Through these two writ petitions, entertained as Public Interest Litigation, the petitioners have come to challenge the project and grant of environmental clearance dated 23.08.2007 for construction of 8 lane expressway spread over an area of 12,000 hectares of fertile land.
The environmental side effect has been pleaded as the main reason for opposing the construction of Ganga expressway and cited references were Apex court judgment two decades ago title M.C Mehta vs the Union of India reported in (1987) 4 S.C.C 463. The petitioners state that construction of Ganga expressway shall cause immense ecological disturbance in the present Ganga eco-system. They also pleaded that 64,000 hectares of most fertile land in various districts would be acquired on which land farmers are growing good crop even without irrigation.
The cultural aspect to include, River Ganga treated as “Mother” divine and very large population uses the river water for drinking and people have great faith in its divinity by taking holy dip depleting this through river water pollution and further eroding the river flow by swelling of river water bed with construction aided pollution, converting the river to go dry in not so distant future.
Article 48-A of the Constitution has been inserted in the Constitution by Constitution (Forty second amendment) Act 1976 under part IV of the Constitution “Directive Principals of State Policy reading following effect:
48-A. Protection and improvement of environment and safeguarding of forest and wild life – The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country
Article 48-A castes an obligation and duty on the state to protect and improve the ecology of the environment, to be read in conjunction with Article 51-A
The petitioners further pleaded the case to the Hon. High Court citing various earlier references and drawing attentions to the award of the contract by the incumbent state government on its nebulous speed of having given and accorded in principle approval of the project by citing declarations of having obtained necessary clearance for the project both state and central clearance authorities and hence rightfully to commence its construction. This when the incumbent Chief Minister is already under Apex Court strictures and federal inquiry for allowing construction of a “Upscale swanky shopping mall” on the river bed of Yamuna behind the “Taj Mahal” for commercial purpose with embezzlement of funds and seeking personal financial gratifications for awarding the contract.
The pleaders cited numerous violations for evaluation of this project and requested the Hon High Court to quash the project clearance until a full assessment of the environmental impact is studied and clearance obtained thereof ( which perhaps would never come through)
The court entertaining the arguments and listening to both Union of India, represented by the State Government, impact study until present, ecological consideration of the Ganga River reserved its judgement on 01.04.2009.
On 29.05.2009, the Hon High Court declaring the judgement concluded that the entire process of obtaining the environmental clearance has been flagrant violation of statutory provisions of Environmental Clearance Regulation 2006. The Environmental (Protection) Act, 1986, Rules and Regulations framed there under imposes statutory on UP Pollution Control Board, State level appraisal committee who in principle are watch dogs for protection and improvement of the environment have violated the provisions and have shown scant respect to law. They all acted ion arbitrary manner and undue haste to get the environmental clearance to the project (perhaps vindicates the personal financial gratification involved) without addressing the serios environmental issues involved in the case
In view, the Hon High Court “quashed” the entire process of obtaining necessary approvals and directed the respondents to not proceed with Ganga Expressway construction until prior environmental clearance is obtained in accordance with law and provisions of ECA, 1986.
This verdict reposing the faith on the rule of law, its judiciary by the pleaders and the judgement was much celebrated as a encouragement to countless various organizations who have taken the voluntary responsibility of vindicating themselves on these issues served ready on the plank of development. When would we realize that instant gratification of having development without eco sustainability, without maintaining the equilibrium of development with natural eco-system would not allow us a cohesive existence. It’s a paradox of having known that we can develop at the cost of nature, the people who inhabit that nature. The fragility to be shattered by just one wrong decision perhaps would wipe the entire effort of our generations of not having to know the blunders we would have committed by pushing our own agenda for development, urbanized world.
Ganga River one of them.
About time, we revisit our observations and decide not to exploit or abuse what we have or our future generations would regret our existence.
Ps: pls drop me comment if the full copy of the judgment be needed.
Development, high speed connectivity and expressway. These words are not borrowed from a IT tele co advertisements but were brought to fore by the Uttar Pradesh, Mayawati Government when the “Ganga Expressway” project was launched served enthusiastically by jubilant government machinery to the people of the state on the pseudo plank of development in 2007. The project ensures a construction of 1047 kms of 8 lane expressway on left bank of river Ganga connecting eastern and western boundaries of the state from Greater Noida to Ballia. The expressway shall also impregnate other developments initiative along side with development of new townships, industries and urban colonies, golf courses attracting dense urbanization of the project creating or equalling “world class” infrastructure. Yes, the only victim in the process the already exploited and abused “silent” river bed of river Ganga. Costs, just some 31,000 Crores.
The proponents of developmental lapped this announcement, crediting the government with being at least serious to prop up the once “bimaru” image of the state. Not every where.
Silently working to challenge this project announcement a group of voluntary organizations, Ganga Mahasabha and the like were busy preparing the arguments of the environmental catastrophe this would cause on the ecology of the river and habitants living next to the river bank. The right side, already urbanized with cities grappling with its own issues and the impact it has on the river and its flow was perhaps getting prepared to be squeezed both sides for it no longer be called a river an turning the “national river” to a stinking nala. Not to have seen this happening, they filed a PIL ( a public interest litigation) in Hon. Allahabad High Court.
Excerpts of the PIL as pleaded by the petitioners:
There is no river in the world which has influenced humanity or contributed to the growth of material civilization, or of special ethics to such an extent as the Holy River Ganga. The mighty river which has silently worked through ages in an unceasing process of regeneration of the soil, spreading life and sustenance of humanity, is today struggling to survive from uncontrolled and unabated pollution of its waters caused by sewage discharge from towns, cities including discharge of effluents from industries, tanneries and mills situated on its banks. Through these two writ petitions, entertained as Public Interest Litigation, the petitioners have come to challenge the project and grant of environmental clearance dated 23.08.2007 for construction of 8 lane expressway spread over an area of 12,000 hectares of fertile land.
The environmental side effect has been pleaded as the main reason for opposing the construction of Ganga expressway and cited references were Apex court judgment two decades ago title M.C Mehta vs the Union of India reported in (1987) 4 S.C.C 463. The petitioners state that construction of Ganga expressway shall cause immense ecological disturbance in the present Ganga eco-system. They also pleaded that 64,000 hectares of most fertile land in various districts would be acquired on which land farmers are growing good crop even without irrigation.
The cultural aspect to include, River Ganga treated as “Mother” divine and very large population uses the river water for drinking and people have great faith in its divinity by taking holy dip depleting this through river water pollution and further eroding the river flow by swelling of river water bed with construction aided pollution, converting the river to go dry in not so distant future.
Article 48-A of the Constitution has been inserted in the Constitution by Constitution (Forty second amendment) Act 1976 under part IV of the Constitution “Directive Principals of State Policy reading following effect:
48-A. Protection and improvement of environment and safeguarding of forest and wild life – The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country
Article 48-A castes an obligation and duty on the state to protect and improve the ecology of the environment, to be read in conjunction with Article 51-A
The petitioners further pleaded the case to the Hon. High Court citing various earlier references and drawing attentions to the award of the contract by the incumbent state government on its nebulous speed of having given and accorded in principle approval of the project by citing declarations of having obtained necessary clearance for the project both state and central clearance authorities and hence rightfully to commence its construction. This when the incumbent Chief Minister is already under Apex Court strictures and federal inquiry for allowing construction of a “Upscale swanky shopping mall” on the river bed of Yamuna behind the “Taj Mahal” for commercial purpose with embezzlement of funds and seeking personal financial gratifications for awarding the contract.
The pleaders cited numerous violations for evaluation of this project and requested the Hon High Court to quash the project clearance until a full assessment of the environmental impact is studied and clearance obtained thereof ( which perhaps would never come through)
The court entertaining the arguments and listening to both Union of India, represented by the State Government, impact study until present, ecological consideration of the Ganga River reserved its judgement on 01.04.2009.
On 29.05.2009, the Hon High Court declaring the judgement concluded that the entire process of obtaining the environmental clearance has been flagrant violation of statutory provisions of Environmental Clearance Regulation 2006. The Environmental (Protection) Act, 1986, Rules and Regulations framed there under imposes statutory on UP Pollution Control Board, State level appraisal committee who in principle are watch dogs for protection and improvement of the environment have violated the provisions and have shown scant respect to law. They all acted ion arbitrary manner and undue haste to get the environmental clearance to the project (perhaps vindicates the personal financial gratification involved) without addressing the serios environmental issues involved in the case
In view, the Hon High Court “quashed” the entire process of obtaining necessary approvals and directed the respondents to not proceed with Ganga Expressway construction until prior environmental clearance is obtained in accordance with law and provisions of ECA, 1986.
This verdict reposing the faith on the rule of law, its judiciary by the pleaders and the judgement was much celebrated as a encouragement to countless various organizations who have taken the voluntary responsibility of vindicating themselves on these issues served ready on the plank of development. When would we realize that instant gratification of having development without eco sustainability, without maintaining the equilibrium of development with natural eco-system would not allow us a cohesive existence. It’s a paradox of having known that we can develop at the cost of nature, the people who inhabit that nature. The fragility to be shattered by just one wrong decision perhaps would wipe the entire effort of our generations of not having to know the blunders we would have committed by pushing our own agenda for development, urbanized world.
Ganga River one of them.
About time, we revisit our observations and decide not to exploit or abuse what we have or our future generations would regret our existence.
Ps: pls drop me comment if the full copy of the judgment be needed.
