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SC bans construction within 100 metres of Rajasthan’s Jojari river

#Law & Policy#Infrastructure#India#Rajasthan
Synopsis

The Supreme Court has imposed an interim ban on construction and development activities within 100 metres of the edge of Rajasthan’s Jojari river, citing serious ecological degradation of the Jojari-Bandi-Luni river system. The court has also prohibited hazardous industries and activities capable of causing pollution or contamination within 500 metres of either side of the existing flood line, or the river’s present flow path where the flood line has not been identified. The restrictions will remain until the high flood line and ecological buffer zones are scientifically determined and demarcated.

The Supreme Court has banned construction and development activity of any nature within 100 metres of the edge of Rajasthan’s Jojari river as an interim measure to protect the river ecosystem. The order was passed by a bench of Justices Vikram Nath and Sandeep Mehta while hearing a suo motu case concerning contamination of the Jojari river. 
The court said the restriction was necessary in view of the serious ecological degradation and widespread destruction of the Jojari-Bandi-Luni river ecosystem. The 100-metre no-development zone will remain in place until a scientific exercise to determine and demarcate the high flood line and the required ecological buffer zones is completed. 
The court has also imposed an additional restriction on hazardous industries and activities that could cause pollution, contamination or other damage to the riverine ecosystem. Such activities will not be permitted within 500 metres on either side of the existing flood line wherever it has been identified. Where the flood line has not yet been identified, the restriction will apply to 500 metres on either side of the river’s present flow path. 
The Supreme Court noted that the Ministry of Jal Shakti, through the Central Water Commission, has already issued technical guidelines on flood plain zoning. These guidelines state that until floodplains are identified and demarcated, no further activity should be permitted within 100 metres from the edge of a river, treating the area as a no-development or no-construction zone. 
The bench said the interim buffer was required to ensure that the area is not affected by construction, development, changes in land use, allotment or creation of third-party rights while the scientific assessment is underway. The court had earlier raised concerns over pollution in the Bandi and Luni rivers as well. 
The Jojari river passes through Jodhpur, while the Bandi flows through Pali and the Luni through Balotra. The Bandi and Jojari rivers merge with the Luni near Balotra city. The Supreme Court had also directed the Rajasthan government earlier this month to establish an Integrated Coordination Group headed by the chief secretary to address contamination in the Jojari, Bandi and Luni rivers. 
The matter is scheduled to come up for further hearing on September 22. The court’s latest directions will meanwhile keep construction and potentially polluting activities restricted around the river until the scientific demarcation exercise is completed. 
Source PTI

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