Applicant challenged mining activities ravining Taj Mahal's vicinity. Joint Committee reported no mining but lack of flood plain demarcation. Tribunal directed CWC to demarcate zones by November 2024 and State UP to notify by December 2024.
Direction to CWC to submit flood plain demarcation report by 30.11.2024 and State UP to issue notification by 21.12.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.06
Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.316/2022 (IA No. 434/2024, IA No.352/2024)
Dr. Sharad Gupta Applicant
Versus
State of Uttar Pradesh & Ors. Respondents
Date of hearing: 11.09.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant(s):
None
Respondent(s): Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
Municipal Corporation of Greater Mumbai Versus Ankita Singha
and others, (2022)13 SCC 401.
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serve as natural habitats for over 1,000 species of animals and plants, will lead to devastation of ecological chain and harm Taj Mahal. It would also affect original landscape and contour in vicinity of Taj Mahal and restrict floodplain zone of river Yamuna in Agra (State of Uttar Pradesh).
“Observations on aspect of large scale mining in the ravines in the vicinity of Taj Mahal and restriction of the flood zone of river Yamuna :
On the day of site visit, Committee observed that Taj Forest Block is a rugged forest area which comes under Agra Forest division ANNEXURE-1. On the day of site visit, construction of some check dams were found by the Committee members During inspection of the said area and according to the discussion with Divisional Forest Officer, Agra, it was informed that no large-scale mining has been done in the Taj Forest block in the vicinity ofTaj Mahal and ravines have not been destroyed. DFO, Agra vide letter no-560/22-20 dated
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02.08.2022 informed that Taj Forest block is a rugged forest area under Agra Forest division in which forest department have constructed only check dams to prevent soil erosion to maintain soil moisture at locations where gully-drains have formed due to soil erosion by heavy flow of water during rains ANNEXURE-2 . The construction of check-dams has been carried out by using local soil for which as per work plan of Social Forestry Division, Agra. DFO, Agra informed that work plan has also been approved by Ministry of Environment Forest & Climate Change, Government of lndia ANNEXURE2/1.
As per the information submitted above work rate has been approved by Conservator forest, Agra circle, Agra vide letter no. 274/5-9-2 dated 15.07.2020 for regarding forest work ANNEXURE-2/2 .
In Taj Forest block 43 check dams have been constructed, in which 8439 cubic meter soil have been scraped from the upstream site. Attested photocopy of measurement book is annexed as ANNEXURE-2/3 .
B. Observations on aspect of restriction ofthe flood zone of river Yamuna :
At the time of visit Executive Engineer, Lower Khand, Agra Canal, Department of Irrigation informed that demarcation of flood plain zone behind Taj Mahal has not been carried out yet. Information has been sought from Executive Engineer, Lower Khand, Agra Canal, Department of Irrigation, U.P vide letter no.487/OG-679/2022I dated 26.07.2022 to provide flood-plain zone demarcation behind Taj Mahal ANNEXURE - 3 . Executive Engineer, Lower Khand has informed vide letter no. 2230/ 3r/ dated 27.07.2022 that no document regarding demarcation of flood plain zone behind Taj Mahal is available in official documents. Hence no information can be provided in this respect ( ANNEXURE-4 ).
Letter has been sent on dt.08.08.2022 to Forest DepartmentAgra, District Mine Officer-Agra and Executive Engineer, Lower Khand Agra Canal, Department of irrigation, U.P to provide the information as below (placed at ANNEXURE-5 ):
I. Department of Forests
(i) GIS Boundary of the Forest Area where the digging activity is being undertaken.
(ii) Annual plan of operation for such activity and guidelines, if any, for carrying out such activity including permission taken.
(iii) Geo-coordinate of trenches at the site with measurements.
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(iv) Biodiversity data loss to ascertain the scenario-base line & current scenario.
II. Department of Irrigation
Demarcation of the Flood Plain Zone in GIS format including the geo-coordinates or locations of marking pillars.
III. Other concerned departments of the State Government (District Administration, Mines Departments) Details of any other activities outside forest land, as complainant; such as earth cutting resulting in soil erosion/changing land use pattern.
C . Observations on aspect of Mining in the flood zone of river Yamuna :
Senior Mine officer informed vide letter no. 524/4fG /2022-23 dated 10.08.2022 that as per the provisions of Uttar Pradesh Minor Minerals (Concession) Rules, 2021 or as per the instruction of the Government, mining operation permission outside forest area is given by District Magistrate as per Rules (placed at ANNEXURE-6).
D . Observations on the aspect of destruction of the forest ravines, which are natural habitat for over 1000 species of animals and plants, will lead to devastation of the ecological chain as well as harm the Taj Mahal :
Past & present record of biodiversity status is not available including aspects of natural habitats of wildlife in the ravines with the Forest Department. Field observation report of Biodiversity expert, NMCG related to impact on biodiversity is enclosed at ANNEXURE-7 and key excerpts are as under:
Background
Ravines are the most degraded form ofland formed due to natural erosion, the main type of erosion that occurs in these lands is sheet and gully erosion. These lands are majorly converted to agricultural lands using heavy machinery. However, attempt to restore these lands for biodiversity conservation have been practiced rarely in the past.
Ravines can be restored through methods to retain soil moisture and augmentation of vegetation cover that holds and binds soil particles to reduce the runoff during rain. The most commonly practiced methods are earthen check dams, gully plugs, bench terracing, trenching, and other measures such as controlled grazing, breaking the length of slopes into smaller units and plantations.
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In a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area. Hence, a sign survey was conducted to assess the loss of biodiversity, if any, due to the use of machinery and digging of soil nearby to build the earthen check dams.
Survey findings :
During the survey, undisturbed burrows likely to be used by small mammals and reptiles were observed in the area. No destruction of burrows has been observed due to construction of earthen check dams as shown below.
The presence of Nilgai (Boselaphus tragocamelus), and Jackal (Canis aureus) were confirmed through direct sighting, while indirect signs of Indian hare (Lepus nigrico//is), wild boar (Sus scrofa) were recorded in the area as shown below.
Bird species such as Egyptian vulture (Neophron percnopterus), rose-ringed parakite (Psittacula krameri), babbler (Argya striata), baya weaver (Ploceus philippinus), Asian koel (Eudynamys scolopaceus) and red-vented bulbul (Pycnonotus cafer) were sighted during the survey.
It has been suggested in the report that the TTZ's ravine restoration is among the best examples of ravine restoration for biodiversity protection. This restored land is being used by various mammals, birds, and butterfly species. Although no reptile species were observed during the survey, except burrows which may potentially indicate the presence of reptiles. These species are cryptic and elusive hence specialized surveys are required to detect these species in any area. In a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area and the construction of earthen check-dams has created a negligible disturbance to the wildlife of the area.
Further, owing to non-submission of data by various agencies (ANNEXURE-5) required to prepare the Joint Committee report, a meeting was organized at NMCG under Chairmanship of Executive Director (Technical), NMCG, Ministry of Jal Shakti on dated 17.08.2022 to review the status in the aforesaid O.A No. 316/2022. Minutes of the meeting is being enclosed as ANNEXURE-8. In the meeting Forest Department official, Shri Kunj Mohan Verma, SDO, Forest Department, Agra Forest Division informed that check dams being constructed are not for mining activity but for water restoration which was also confirmed by Senior Mines Officer, Agra present in the meeting. SDO, Forest informed that these are small structure with limited storage capacity temporarily meant to arrest the
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flow of water and are part of annual programme of Forest Department. Approx. 300 to 400 such structures have been constructed in Agra district. Further, Executive Engineer, State Irrigation informed that Irrigation Department has not identified flood plain zone of River Yamuna behind the Taj Mahal which is downstream end of Yamuna River in the city of Agra. The site in question is located approx. 500 meters from Yamuna River bank. SDO-Forest; Executive EngineerSate Irrigation; Senior Mines Officer and Nodal Officer were requested to provide the following details:
A . Forest Department will provide details of APO activity to all members. (Information Required from DFO office)
B. In absence of demarcated floodplains by Irrigation Department, no development/regulation zone as per NGT orders may be followed as an interim measure till identification of flood plain zones. Accordingly, State Irrigation Department will verify whether the site in question is located in flood plain zone or not and provide the data to the members.
C. Nodal Officer and Forest Department to verify the activities carried out by Forest Department through TTZ authority also. (Information Required from DFO office)
D. Other pending details as communicated vide letter from NMCG to Hon'ble NGT (PB) dated 02.08.2022 and letter from Nodal Officer, RO (SPCB) Agra to all concerned dated 08.08.2022 ( ANNEXURE-5 ).
In continuation of the meeting, Executive Engineer, Lower Khand, Agra Canal communicated vide letter dated 27.08.2022 ANNEXURE-9 informed that in the O.A no. 200/2014 (M.C Mehta V/s Union of India and others) Hon'ble National Green Tribunal was pleased to passed an order dated 13.07.2017, the relevant part Of the order is as below:
"Till the demarcation of the flood plains and identification of permissible and non-permissible activities by the state government of this judgment, we direct that 100 Meters from the edge of the river would be treated as no development/construction zone in segment-B of Phase-I"
State Irrigation Department conveyed that till the demarcation of flood plain zone of the said area, 100 meters from the edge of the river would be treated as no development/ construction zone. It was also informed that the estimate is being prepared for survey and after fund allocation, the demarcation work of flood plain zone is proposed by State Irrigation Department.
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Thematic Maps have been generated by NMCG using geospatial technology for the part of Agra District, from the available data sources (National Remote Sensing Center, Survey of India, & ESRI) of NMCG, field data (Ground Control Points), and check dam data of Forest Department Agra. As per the information available from the thematic maps, checkdam's locations are far from 100 meters from the edge of the river ( ANNEXURE-10 ). This was also accepted by all Committee members.
Further, Senior Mine Officer informed vide letter dt.08.09.2022 that no ordinary sand mining lease has been approved in Yamuna River area in the vicinity of Taj Mahal (ANNEXURE 11 ). DFO, Agra informed vide letter dt. 12.09.2022 that as per his knowledge there is no restriction for forestry work (Water and Soil Conservation) in Taj Trapezium Zone ( ANNEXURE12 ).
4 . Observations/ Recommendations :
The site was visited by the members of Joint Committee in the presence of the applicant Dr. Sharad Gupta in the OA No. 316/2022 on 26-7-2022.
11. Flood plain zone has not been demarcated by State Irrigation Department and has also not been notified by State Irrigation Department behind the Taj Mahal which is downstream end of Yamuna River in the city of Agra. Accordingly, Irrigation department has been requested to complete it immediately. However, as an interim measure, NGT directions relating to extent of flood-plain demarcation (both through identification of geo-coordinates and fixing of pillars) may be completed which mandates that l 00 meters from the edge of the river would be treated as no development/construction zone as an interim measure.
111. State Irrigation Department was required to verify whether the site in question is located in flood plain zone or not and provide the data to the members.
Accordingly, Executive Engineer, Lower Khand, Agra Canal informed citing Hon'ble National Green Tribunal order in the O.A no. 200/2014 (M.C Mehta V/s Union of lndia and others) (vide letter dated 27.08.2022 at ANNEXURE-9 ) that 100 meters from the edge of the river would be treated as no development/construction zone.
iv. Thematic maps ( ANNEXURE-IO ) have been generated using geospatial technology by NMCG for the concerned site of Agra District, from the available data sources. As per the observation based on prepared thematic maps, check dam's locations are far from 100 meters from the edge of the river.
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As per assessment of Irrigation Department official, the site in question is located approx. 500 meters from Yamuna River bank.
No mining activity is being carried out in the site as confirmed by Mining department. Further, no ordinary sand mining lease has been approved in Yamuna River area in the vicinity of Taj Mahal ( ANNEXURE-11 ).
Check dams that are being constructed in Forest area are not for mining activity but for retaining soil moisture (which was also confirmed in the report of Biodiversity expert at ANNEXURE-7 ).
Past & present record of biodiversity status is not available with Forest Department including aspects of natural habitats of wildlife in the ravines. Thereby field observation using sign survey was conducted by Biodiversity expert, NMCG and vide his report at ANNEXURE-7 , it was suggested that the TT's ravine restoration is among the best examples of ravine restoration for biodiversity protection. This restored land is being used by various mammals, birds, and butterfly species. Although any reptile species were not observed during the survey, except burrows which may potentially indicate the presence of reptiles. These species are cryptic and elusive hence specialized surveys are required to detect these species in any area. ln a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area and the construction of earthen check dams it seems has created a negligible disturbance to the wildlife of the area.
(I) Ministry of Jal Shakti, Government of India (II) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh, (III) Director, Mining and Geology, State of Uttar Pradesh (IV) District Magistrate, Agra (V) Commissioner, Municipal Corporation, Agra (VII) State Pollution Control Board (VIII) Regional Office of Ministry of Environment, Forest and Climate Change, Lucknow (IX) Chairman of Taj Trapezium Zone.
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“The para-wise inputs towards the response of the National Mission for Clean Ganga, Department of Water Resources, River Development, Ganga Rejuvenation, Ministry of Jal Shakti on the Joint Committee Report in the matter of OA no 316/2022- Dr Sharad Gupta vs State of U.P. are as under:
The site was visited by the members of Joint Committee in the presence of the applicant Dr. Sharad Gupta in the OA No. 316/2022 on 26.07.2022.
II. Flood plain zone behind the Taj Mahal (which is downstream end of Yamuna River in the city of Agra) has not been demarcated and notified by UP State Irrigation Department.
Accordingly, Irrigation department has been requested to complete it. Immediately. However, an interim measure, NGT directions which mandates that 100 ,.70Vvtrs from the edge of the river to be considered as flood-and hence treated as no development/construction zone has been implemented by Irrigation Department (Uttar Pradesh). (Uttar Pradesh. Thematic maps have been generated using geospatial technology by the NMC for the concerned site of Agra District, from the available data sources. As per the observation based on prepared thematic maps, check dams; locations were far from 100 meters
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from the edge of the river and this was accepted by committee members as per assessment of Irrigation Department official, the site in question is located approx. 500 meters from Yamuna River bank.
IV. Check dams that are being constructed in Forest area are not for mining activity but for retaining soil moisture.
V. Past and present record of biodiversity status is not available with Forest Department including aspects of natural habitats of wildlife in the ravines.
VI. Thereby field observation using sign survey was conducted by Biodiversity expert of NMCG. It was suggested that the ravine restoration is among the best examples of ravine restoration for biodiversity protection. This restored land is being used by various mammals, birds, and butterfly species. Although no reptile species were observed during the survey, except burrows which may potentially indicate the presence
of reptiles. These species are cryptic and elusive hence specialized surveys are required to detect these species in any area.
VII. In a similar attempt to restore ravines for biodiversity conservation in the TTZ area, earthen check dams were built to reduce the runoff in the area and the construction of earthen check dams it seems has created a negligible disturbance to the wildlife other area.
VIII. A Meeting was held under chairmanship of Executive Director (Technical), NMCG Ministry of Jal Shakti on dated 17.08.2022 to review the status in the aforesaid 0.A No. 316/2022. Based on discussion in the meeting it was conveyed to UP Irrigation Department that the exercise of flood plain zone demarcation should be finished on priority.
IX. Key components that are still pending from departments are as under:
a. GIS boundary of forest area from Forest Department;
b. Biodiversity data loss to ascertain the scenario-base line from Forest Department;
c. Demarcation of the flood plain zone in GIS format including the geo-coordinates or locations of marking pillars from Irrigation Department
d. Any other activities outside forest land, as per complaint such as earth cutting
resulting in soil erosion/changing land use pattern etc. from other concerned
departments of the State Government.
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X. TTZ Authority, constituted by MoEF&CC should do periodical surveillance and monitoring for comply with the orders of NGT and ensure follow up with the departments concerned.”
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vide office memorandum dated 05.09.2023 has constituted a „Committee
for Flood Plain Zoning of river Yamuna‟ for the stretches:
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| Data | Source | Specifications | |
|---|---|---|---|
| High Resolution DEM | CWC | LiDAR data | |
| Water level, discharge, | NWC, UP Irrigation | Along study str | etch, all |
| cross-section | Department, CWC | historical CWC/State sites |
data, |
| Embankment & |
U.P Irrigation Dept. | Design details | & shape |
| structure details | files/ locations | ||
| Inundation layers for | NRSC, U.P. |
Inundatin laye |
rs or |
| data-wise events | Irrigation Deptt. | Raster satellite i past events |
mages of |
| Demarcation of Flood | U.P. Irrigation Dept. | Any earlier |
details |
| Plains | (preferably in sha | pe file) | |
| Bathymetry/section | CWC, NIH, Roorkee, | Close interval |
cross- |
| survey cross | State Govt. | sections of Yamu | na |
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mandated to evaluate both types of satellite images (resolution of 5.8 M as well as those finer than 5.8 M) before deciding on suitability of resolution.
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narrated, and thereafter steps taken for demarcation/identification of Flood Plain Zone have also been detailed. However, in para 19(G), it has been stated that study will be completed by 08.12.2024 i.e., in next four months; However, efforts will be made to present results within three months.
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Sudhir Agarwal, JM
Dr. Afroz Ahmad, EM
September11, 2024 Original Application No.316/2022 M
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3 issues framed by the court
Whether authorities have failed to demarcate the flood plain zone of the Yamuna river near Taj Mahal?
Whether a robust timeline can be fixed for the identification and demarcation of the flood plain zone by the CWC and State Government?
Whether interim directions for no development in the river edge are operative while the demarcation is pending?
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Dr. Sharad Gupta
State of Uttar Pradesh
Central Water Commission
SUDHIR AGARWAL
AFROZ AHMAD
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
