L d liLaws and policof waterbodieslegal and institu

India Ha

i f t ticies for protectionin India - Need for

utional review

abitat Centre, December 2013

Water w

Lakes/wetlands are vital sponrecharge groundwaterg g

Every city gave its land for ra

Today.......

These holes in the ground arefor builders, the last resort fordumps.

wealth

nges. They prevent flood and

in.

e either lucrative real estate r slum dwellers, or garbage

Legal battles to save the lak

The cases have been filed in the fgovernment apathy. They are responses to encroachmThey are responses to encroachm

changes in the use of the land of tSeveral petitioners faced resistan

l t t d l ith litireal estate developers with politicaAlthough water policies talk about

is no clear framework to ensure thThere are not clear laws to protecCorruption charges on agencies rMultiple agencies without clear mMultiple agencies without clear m

responsibilities

kes: Common features

face of water shortage and

ment or government-authorisedment or government authorised he lakes or their catchment areas.ce, even threats, from land and l tial connections.

t protection of water-bodies, there at lakes are not protected. p

ct waterbodies and their catchment.responsible for protection.andate in terms of role andandate in terms of role and

Churning still wate

I.Who owns the waterbody?

II.How many waterbodies are tII.How many waterbodies are t

III.Which waterbodies should b

IV.What is the no-construction

V. Will the catchment and chan

be protected?

VI Who ill maintain the aterVI.Who will maintain the water

er: Few questions

there?there?

be protected?

zone around the waterbody?

nnels feeding the waterbodies g

rbod ?rbody?

Policies to save the wNational water policy formulated in 19about revival of traditional systems

Ministry of Environment and Forests hConservation Programme in 1983 for waterbodieswaterbodies

Since most of the lakes are in urban apollution and encroachment the minispollution and encroachment, the minisprogramme in 2001 called National Lathe urban lakes. Few states develope

Current update: New integrated proConservation of Aquatic Eco-systeConservation Plan and the NationaConservation Plan and the NationaProgramme

waterbodies in India997 and revised in 2002: Talks only s

has developed the National Wetland r conservation of lakes and other

areas and face more threats of stry developed a separatestry developed a separate ake Conservation Plan to conserve

ed State Level Conservation Plan

ogramme - National Plan for ems by merging National Lake al Wetlands Conservational Wetlands Conservation

Policies to save the w

The National Conservation Straon Environment and DevelopmeNational Project for Repair, Re

(RRR) of waterbodies directly linRegional plan 2021 National CRegional plan-2021, National CNational Water Mission under N

Climate Change (2009)Climate Change (2009)

The Comptroller and Au(CAG) report 2011 sayEnvironment and Foresundertaken any invento

waterbodies in India

ategy and Policy Statement ent (1992)novation & Restoration nked to agriculture (2005)Capital Region (NCR) (2005)Capital Region (NCR) (2005)National Action Plan on

uditor General’s ys that the Ministry of st has so far not ory of lakes

Few existing laws and pWetlands (Management and ConservMinistry of Environment and Forestsmanagement of wetlands.

Guwahati Water Bodies (PreservatioThe objective is to preserve wetlands af fof the waterbody for its protection.

East Kolkata Wetland Conservation Thi bill i l d i i f litiThis bill includes provision for penalitie

Andhra government’s ‘Water, Land, Th t t t i t tThe act empowers state agencies to tato prevent conversion.

olicies to save the lakesvation) Rules, 2010 was issued by s (MOEF), for conservation and

on and Conservation) Bill 2008and to re-aquire lands in the peripery

and Management bill, 2006.R 1 l kh f h ts – Rs 1 lakh for encroachment.

Trees Act’, 2002. k t t t t t b di dake steps to protect water bodies and

Missing points in W

The involvement of the stakeholdewaterbodies has been ignoredwaterbodies has been ignored.No clarification on the traditional rThe way by which the stakeholde

th it i th t t f il t iauthority in case the state fails to inot clear. The rule does not mention about a

people who do not abide by these The new rule prohibits any entry o

wetlands but it is not mentionedwetlands — but it is not mentionedwetlands which helps in treating thcategorised.No mention on capacity building a

mapping in general

Wetland Rules 2010

ers and other citizens near the

rightsrs would approach the wetland d tif th t d t b d identify a threatened waterbody is

a well defined penalty for the p yrules.

of untreated sewage into the d how wetlands like East Kolkatad how wetlands like East Kolkata he waste water —will be

and preparing inventory or

Case sttudies

Real estate on water: Ca

Charkop lake in Mumbai, Maharasstarted reclaiming the lake bed

Real estate on water: Cab

started reclaiming the lake bed.

United Association for Social, Educational aNGO filed PIL in 2009.

2009

Current update: The High Court of Bombstop the builders

ase on reclamation of lake

shtra:From 2005 onwards, the builders

ase on reclamation of lake ed

2011

and Public Welfare, Mumbai based

bay gave a verdict which could not

Lake assault: Case on en

Ousteri lake in Puducherry: Illegal cOusteri lake in Puducherry: Illegal cthe lake from 2006 onwards.

Ousteri Protection Coordination Commith t ti f di l ll ththe construction of medical college on th

Sewage from the college has been dire

C t d t I it f i j tiCurrent update: In spite of injunctionconstruction continued.

ncroachment of lake bank

construction started on the banks ofconstruction started on the banks of

ttee (OPCC) filed a PIL (2006) to stop h b k f th l khe banks of the lake.

ctly connected to the waterbody

f th Hi h C t thn from the High Court, the

Eksar lake, Mumbai, Maharashtra: L

Concrete drama: Case o

lake from 2008 onwards

In 2009, a PIL was filed. In 2011, an interto stop any further constructionto stop any further construction.

Current update: The lake was already c

Local MLA started filling up the

on encroachment of Eksar lake

im order was passed by the High Court

concretised.

VanishinBadkhal lake, Faridabad, Haryana: Min

d th l k l t l dmade the lake completely dry.

M C Mehta in 1995, filed a Public Interestone crushing in the Aravallis citing thearea.

Current update: In response to the PImining in the nearb Ara alli hillsmining in the nearby Aravalli hills

ng lake ning activity in the catchment area has

est Litigation (PIL) against mining and e drying up of these water bodies in the

IL, Supreme Court of India banned

Watered

Khurpatal, Uttarakhand:Construction of required mindless extraction of groundwa

Watered

required mindless extraction of groundwalake. The springs downhill remains dry alof the farmers has been affected.

2009

Dr. Ajay S. Rawat, Professor of History in illegal boring of groundwater in the lake ar

d down

f buildings in the catchment of the lake ater from the surrounding areas of the

d down

ater from the surrounding areas of the most through out the year. Livelihood

2011

Kumaon University filed a PIL against the rea,

Boring activity near Khur

Current status: High Court of Uttaextractionextraction

rpatal

arakhand banned any borewell

Mayapuri lake, Delhi: Government isthe bank of the lake Justifies that it is

Waste recep

the bank of the lake. Justifies that it is

In 2000, Delhi based organisation TAPAS

Current update: The court is yet to de

In 2000, Delhi based organisation TAPAS

Current update: The court is yet to de

s planning development work on an artificial pit

ptacle

an artificial pit

S filed a PIL to save the Delhi waterbodies

ecide the fate of the lake

S filed a PIL to save the Delhi waterbodies

ecide the fate of the lake

Deepor beel, Guwahati, Assam: Thethe last ten years Illegal construction

The broken

the last ten years. Illegal construction,the direct threats to the lake.

In 2006, Deepor beel Unnayan Samencroachment of the lake. In the samfil d h PIL i lidfiled another PIL against solid waste

e wetland shrunk by more than 15 % in dumping of garbage soil quarring are

n mirror

dumping of garbage, soil quarring are

iti filed a PIL against the me year, the residents near the lake

d i i h l k dumping in the lake

Polluted to

Current update: Forest department c

o the brim

came forward to preserve the lake

Powai lake, Mumbai, Maharshtra: Solid

Where do we dum

Powai lake, Mumbai, Maharshtra: Solidentry of sewage from the surrounding, gromajor threats

A petition was filed in 2000 by local MLA to

C d Th i i l iCurrent update: The municipal corporatibeautification of the lake in the name of

d waste dumping, direct

mp our waste?

d waste dumping, direct owth of water hyacinth are the

save the lake

i l i hion only concentrating on the revival

Dal lake, Kashmir, Jammu and Kashthe lake are the threats

In 2000, Syed Mujtaba Hussain, a human , y j ,based non governmental organisation filed

Current update: A high level committeelook after the lake Lakes Waterways Delook after the lake. Lakes Waterways DeKashmir is taking initiative to clean the

hmir: Pollution and encroachment of

rights lawyer, and Green Kashmir, a Srinagar g y , , gd a PIL to save the lake.

e has been appointed by the High Court to evelopment Authority Jammu andevelopment Authority, Jammu and lake

DiminishingKanyakumari tanks: Growth of weelotus cultivationlotus cultivation

In 2007, few local environmentalists fi

Current update: 2009, lotus cultivatCurrent update: 2009, lotus cultivatbeen banned in Kanya Kumari by th

g returnseds due to application of manure for

led a case to protect the tanks

tion for commercial purpose hastion for commercial purpose has he court.

Fishy faFishy faChilika lake, Orissa: Fights between fishcommunities over fishing rights. Chilika Chilika Movement) began in 1991 againprawn cultivators.

In 2002, Chilika (Regulation) Bill was passed non-fisher folknon fisher folk.

Current update: Fishermen protested againBill

actsactsermen and non fishermen Banchao Anadolan (The Save

nst the TATA's project and other illegal

giving only 30 per cent fishing rights to

nst the anti-fisher folk ‘Black Chilika

Bhimtal lake, Uttarakhand rord

In 2001, Fredrick Smetacek (Jr), Chief co-oVanishing Environments (SAVE), a Bhimtal organisation, filed a PIL in the High Court ofNaintal area

revived after the High Court der

ordinator of Society of Appeal for based non governmental f Uttaranchal to save the lakes of

Healing touch: Naintal High Court jg j

In 1993, Dr. Ajay S. Rawat, Professor of in the Supreme Court of India to save thein the Supreme Court of India to save the

lake revived after the judgementj g

History in Kumaon University filed a PIL e Nainital lakee Nainital lake

Kolleru lake in Andhra Pradesh: Resto2006.

In 1998, Dr. T. Patanjali Sastry, President, EnvDanavaipeta,Rajahmundry filed a PIL in the Hof the Kolleru lake

red after directions from the court in

vironment Centre, High Court to protect the ecosystem

Points for the protectioOwnership of the waterebpList mapping and earmark

on ground in the cityon ground in the cityMap and work on ground t

the waterbodiesthe waterbodiesMap and work on ground t

channels feeding the waterchannels feeding the waterto be taken.Lack of information sharinLack of information sharin

framework for the protectiokey stakeholderskey stakeholders.

on of waterbodies odies

kings of the waterbodies

the buffer zone around

the catchment and rbodies and precautionsrbodies and precautions

g about the legalg about the legal on of the waterbodies for

Churning still wChurning still w

The protection of watepcatchment is only halfchallenge lies in ensurgbodies are supplied unthat is, they are rechart at s, t ey a e ec a

waterwater

erbodies and their f the story. The real ring that these gnpolluted rainwater, rged.ged

Thank you