How The Gujarat Judiciary Is Rescuing A River !

 BY R.K.MISRA

…..And quiet flows the Sabarmati , a river that became a sterling symbol of India’s struggle for freedom and its folklore through association with the Mahatma and his ashram.

Inspired by the riverfront development of the Thames in London, its 11.5km frontage passing through Ahmedabad turned into Chief Minister Narendra Modi’s  Rs 12,00 crore swan song sonata before he left to take charge of the country in 2014. As happens most of the time, lost in the glitter and glitz of an urban showcase edifice was the soul and substance of the river and its waters. That was, until a wakeup call came from the Central Pollution and Control Board(CPCB) which had ranked it as the second most polluted river in the country in its report of 2022. Lots of high pitched wailing and empty ‘faffing’ later, the Gujarat High Court stepped in. 

One often wonders what would be the fate of the average citizen were it not for the softly soothing but firmly determined- this far and no further-  redeeming stop sign of the Indian judiciary, even in its horrendously overburdened state. And thereby hangs a tale.

The Sabarmati is a rain-fed river which originates from the Aravalli hills in Rajasthan and meanders through Ahmedabad  to ends up in the Bay of Khambat (Cambay of old) and melt into the Arabian sea after a 371 km journey. It would remain  partially dry for most  part of the year, that is until it was linked up with water from the Narmada canal, upstream of Ahmedabad. Deliberately forgotten was that Gujarat had fought its entire case for 139 metres height of the Narmada dam to take waters to Kutch and Saurashtra and not splurge it enroute.

Though the development of a  waterfront  along the banks of the Sabarmati river in Ahmedabad had been proposed in the sixties, it was only in May 1997 that the Ahmedabad Municipal Corporation launched a Special Purpose Vehicle(SPV)- the Sabarmati Riverfront Development Corporation Limited(SRFDCL) under section 149(3) of the Indian Companies Act,1956.The aim was to provide a green lung ,re-connect the city with the river and positively transform the neglected aspect of the riverfront.

After Modi took charge as chief minister, the project acquired a new-found impetus, urgency even importance as well as a self-financing plan through auction of plots for commercial use on both banks for the Rs 1200 crore project. Among those who have visited the Sabarmati ashram overlooking the riverfront include dignitaries like Chinese President Xi Jinping and his wife, Japanese premier Shinzo Abe, US president Donald Trump and numerous others. It’s an almost must visit port-of-call after Modi took over as PM.

But for all its showcasing, the river per se has been declared  the second most polluted one in the country with CPCB deciding to upgrade it to “category-1’  or critically polluted status. The BOD( Bio oxygen demand) in Sabarmati river was found to be 292 mg per litre. Cooum in Tamil Nadu occupies first place.

 It was in 2021 that the Gujarat High Court had taken suo moto notice  and has been relentless  thereafter in cracking down on  the civic body, errant industries and all involved in polluting the river.  Initiated by Justice J.B.Pardiwala and Justice V.D. Nanavati  in 2021, it is being pursued with the same vigour  by the present Chief Justice Sunita Agarwal. “There should be no discharge of untreated water in the Sabarmati river from either of the outfalls”, the  Court had then observed.

In a hearing of the Suo moto river pollution petition on  Friday, September 15  this year counsel for the closed down textile units had pleaded for some relaxation in rules to allow them to re-open.” We seek your intervention in asking the Gujarat Pollution Control Board(GPCB) to adopt a pragmatic approach”, went the plea. ”In this matter we will desist from doing so because we have adopted a pragmatic approach for years together and everyone is suffering because of it”,  said Chief Justice Sunita Agarwal. The directions were  straightforward. ”follow rules’. The hearing continues.

In fact all government bodies which had been looking the other way while pollution ran riot in the river have buckled up after the higher judiciary cracked the whip of  joint accountability. On the same day, the government made it known  in the Vidhan Sabha that no environmental clearance or environment impact assessment report was needed for laying a deep sea pipeline to discharge treated affluents. With no headway for over two years in this project, the government had revived the project with a budgetary allocation of Rs 470 crores in the budget estimates of 2023-24 this year. Earlier in July association of industrial units around Ahmedabad had agreed to share costs for the 130 km long pipeline but sought payment terms extended to 15 years. Textile units had to close  down after the Court prohibited their discharge of treated industrial effluents into the civic sewerage network because the high potency of chemicals in waste water had messed up the sewerage treatment plants leading to contamination of  the river.

At least there is someone who really cares for lesser mortals rather than for the privileged alone !

This syndicated news column was published in the respective newspapers edition dated  September 19, 2023 whose links are given below:-

 http://epaper.lokmat.com/articlepage.php?articleid=LOKTIME_NPLT_20230919_6_3

http://odishapostepaper.com/edition/4646/orissapost/page/9

 

 

 

 

 

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