NGT directs NMCG to act against encroachments along Rispana river

The National Green Tribunal has raised questions over the permissibility of constructions raised on the river bed of river Rispana, saying the same have to be determined by ascertaining the facts as to whether they have been raised on public land or private land.

In this regard, NGT has directed the State of Uttarakhand and its instrumentalities to provide the requisite information to National Mission for Clean Ganga (NMCG) within three months. Furthermore, Director General, NMCG (National Mission for Clean Ganga is directed to take action as per provision of the Section 6(3) of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 within six months. 

Section 6(3) prohibits persons from constructing any structure, whether permanent or temporary for residential or commercial or industrial or any other purposes in the River Ganga, Bank of River Ganga or its tributaries or active flood plain area of River Ganga or its tributaries. Furthermore, the provision clarifies that in case any such construction has been completed, before the commencement of this Order of 2016, in the River Bank of River Ganga or its tributaries or active flood plain area of River Ganga or its tributaries, the National Mission for Clean Ganga shall review such constructions so as to examine as to whether such constructions are causing interruption in the continuous flow of water or pollution in River Ganga or its tributaries, and if that be so, it shall cause for removing them.

The following issues were taken up by the NGT, firstly, whether the constructions have been raised after obtaining requisite permission from the concerned authorities in accordance with relevant statutory provisions is also to be considered and, secondly, whether such construction causes damage to ecology of river Rispana or obstructions to flow of water in the same. 

Principal Bench of the NGT comprising, Judicial Member Arun Kumar Tyagi and Expert Member Dr. Afroz Ahmad dealt with an affidavit submitted by the Chief Secretary, Government of Uttarakhand that for demarcation of flood plain zone of river Rispana interim notification was issued in 2024 and final notification in May, 2025 but Director General, NMCG had sent letter dated in August 2025 enclosing therewith the Guidelines issued by CWC and appropriate action would be taken to complete the exercise of demarcation of flood plain zone of river Rispana. 

The Chief Secretary, Government of Uttarakhand had further submitted in the affidavit that out of 89 encroachments within jurisdiction of Municipal Corporation Dehradun, 20 encroachments existed before 11.03.2016 and remaining 69 encroachments were removed; out of 413 encroachments within jurisdiction of Mussoorie Dehradun Development Authority, 347 encroachments existed before 11.03.2016 and remaining 66 encroachments were removed; out of 12 encroachments within jurisdiction of Nagar Palika Parishad Mussoorie, 2 encroachments existed before 11.03.2016 and remaining 10 encroachments were removed; and out of 11 encroachments identified by the District Administration in Non-ZA Land, 6 encroachments existed before 11.03.2016 and remaining 5 encroachments have been removed.

NGT was thus requested to issue appropriate directions to the concerned agencies for the expeditious compilation and submission of the required data to the Committee formed to conduct on-ground assessment to finalize its report, which will help NMCG to act as per provisions of Section 6 (3) of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and ensure timely compliance with its directions.

Case Title: Niranjan Bagchi vs. State of Uttarakhand & Ors.

Order Date: August 18, 2025

Bench: Judicial Member Arun Kumar Tyagi and Expert Member Dr. Afroz