CUTTACK: The state government's purported Mahanadi riverfront development plan has received a decisive blow with the National Green Tribunal (NGT) refusing to accept the proposal for constructions in the 426 acres of reclaimed land as it has been established to be part of a flood plain zone.
The five-member bench headed by Justice Adarsh Kumar Goel said, "There is clear anticipated danger of flooding. We are guided by 'precautionary principle' under section 20 of the NGT Act."
The 426 acres of riverbed were reclaimed by dumping sand dredged from the reservoir area of Jobra barrage over a stretch of five kilometres in length and a width of 0.5 kilometres to 1.2 kilometres upstream with the height up to six feet.
Two-thirds of the reclaimed land may be developed as a dense forest, while one-third of the land may be developed as parks/playgrounds without any permanent or temporary constructions, the bench said. No commercial activity should be allowed, the judges stressed.
"It is made clear that no concretization of any sort will be allowed in the entire 426 acres of land. While allowing Baliyatra in 34 acres of land, all due precautions for maintaining sanitation and hygiene shall be observed," the bench ordered.
The area where the forest is to be developed may be handed over to the forest department after demarcation. The rest of the area is to be maintained by the concerned local body/flood and irrigation Department, as may be decided by the Odisha Government, the bench further ordered, while ruling out restoration of the reclaimed riverbed on grounds of viability.
Acting on two petitions, the Tribunal had earlier appointed a seven-member expert committee to assess the ecological impact and combined hazard vulnerability of the reclaimed riverbed.
The five-member bench also observed: "We further agree with the recommendations of the committee that while Baliyatra ground (34 acres) may be retained, though in floodplain zone, there should be no further expansion and no concretization or compacting of the said ground. The remaining 392 acres of land (can) be used for plantation of local species and the area be developed into a biological park and no commercial use be allowed. The state of Odisha may take steps for floodplain zoning of other major rivers."
The petitions were filed by social activist Pradip Pattnaik and environmental activist B Mohanty. Senior Advocate Sisir Das and Advocate Sankar Prasad Pani argued on behalf of them. Advocate General AK Parija made submissions for the state government.
The Tribunal had reserved judgment on the petitions Wednesday and released it late on Thursday.