MUMBAI: The Bombay
high court on Tuesday directed the state government to inform what steps it proposes to bring a policy for protecting rivers in Maharashtra.
A bench of Justices Abhay Oka and Riyaz Chagla heard a
public interest litigation by NGO Vanshakti on the
indiscriminate construction including of hotels and resorts around rivers, river banks and river fronts. It direct the government to bring a policy for rivers. A 2009 policy was scrapped in 2015. In August 2016, the government was directed to state if it will come out with a
river policy.
The court took note of a Central Pollution Control Board study which stated that 49 rivers in Maharashtra are polluted. The judges said prima facie the state is under obligation to not only take all possible steps to reduce pollution in rivers, but also improve its water quality. "It is under obligation to ensure there are no constructions made in river beds and along river banks so as to obstruct right of citizens to approaching them,’’ it added.
The bench said while it cannot direct the government "to take a particular policy decision in a particular manner" but it can nevertheless direct it to fulfil its constitutional obligations so that the rights of citizens under Article 21 (Right to Life) are not violated. Noting that in the last 20 months (since the August 2016 order) the government had not made a statement on bringing a policy. "Therefore, we proceed with the assumption that the state does not want to come out with new policy," it added. The state is directed to file a comprehensive affidavit before the next hearing.
Bombay HC