Development near rivers: Maharashtra govt amends guidelines, allows ‘public’ construction between blue & red line
Under criticism over its failure to protect rivers, the Maharashtra Irrigation Department on Thursday amended its guidelines on development in the restrictive zone of rivers. The guidelines allow construction on land between the blue line and red line of rivers for public purposes, like roads, while putting the onus for the loss of life or property during floods on the authority giving permission for land use. Red lines and blue lines are artificial lines demarcating the river area on the floodline. The red line is decided on the maximum water level possibly once in 100 years and blue line is on maximum flood discharge in average 25 years. The prohibitive zone is the area between the two blue lines on the opposite side of the river, while the restrictive zone is the area between the blue line and red line. The guidelines for development in the restrictive zone as well as prohibitive zone of rivers were first issued on September 21, 1989, and had not been amended since then.
The amendment has not changed the norms for defining the red line, blue line, prohibitive zone and restrictive zone. The development provisions in the prohibitive zone — in which the area can be used for a garden, playground or farming for fruits and vegetables — have been kept unchanged. But the amendment has introduced additions in the provisions of development in the restrictive zone. A government resolution issued on Thursday said the restrictive zone can now be used for public benefit, such as sewage schemes and public roads, but the height of the road should be above the blue line and this height should be decided as per the provisions of Indian Road Congress code.
The irrigation department added that the pipelines for drinking water supply, domestic gas and drainage can be laid in the restrictive zone, but they should be underground and should not create obstruction or change in the cross section of the river.
In the provision of development of a building in the control area in a restrictive zone, the amendment says the plinth height of the first floor of building should be at a safe and secure height above the red flood line, so that the occupants can be easily evacuated during an emergency, such as during a flood. Also, the occupants of the area should be able to shift to a safer location in a short duration when intimated of a possible flood-like situation in the area, which would avoid loss of life and property. The government said the authorities giving permission for development should ensure that the allowed use of the prohibitive zone and restrictive zone is done without obstruction to river flow or reduction in the water carrying capacity, and without any change in the cross section of the river.
The amendments allow the chief engineer of the irrigation department to take action against the structures that cause obstruction in the river flow. “The entire responsibility of safety of public facility in the prohibitive zone and restrictive zone would be of the concerned authority or local civic body. Also, the authority or local civic body would be responsible for the loss of life or property due to possible floods and the legal court issues arising due to it,” the government resolution said. There would be no need of seeking a no objection certificate from the irrigation department for work required for public benefit, as the irrigation department’s role is limited only to the demarcation of floodlines. But the permission of other departments, including environment or civic body for the public work, should be taken independently by the developer.
The irrigation department should demarcate the floodlines as per the demand of the district collector, local civic body or any other department. The amendments have been criticised by environmental activist Sarang Yadwadkar, who had filed a petition which led to the National Green Tribunal (NGT) ordering the demolition of a 2.3 km part of road that was being developed by the Pune Municipal Corporation in the prohibitive as well as restrictive zone of Mutha river. The NGT had taken the irrigation department to task for not protecting the river.
Yadwadkar said the new guidelines are going to have an impact on the ecology of rivers. “There is a need for a detailed study of the new guidelines, but prima facie, it seems that there are no changes concerning development in prohibitive zone. There are changes in restrictive zone and would affect riparian area of the river. It would lead to the destruction of ecology and would be a mistake as it would destroy flood plains,” he said.
Source : The Indian Express
