Public Trust Doctrine for Rivers
Project Statement
Urban spaces such as townships are being
established closer to river origins, and the effects of urban systems on rivers
are detrimental. Discharge of sewage into these rivers makes the water
non-potable for 30 km downstream. Additionally, construction on flood plains
and the walling in of river banks restrict access to rivers for all life forms,
including humans. River floodplains are also susceptible to flooding when
appropriated for human purposes. It threatens the carrying capacity of the
river and also disturbs groundwater percolation and recharge
Project Intervention
Vanashakti
has moved the High Court to enforce the Doctrine of Public Trust for rivers, by
which the state, as the custodian of natural resources, has to keep them from
pollution and should allow unrestricted access to all citizens and animals.
Project Outcome
Vanashakti's
intervention in the concerns regarding the Mithi River led to a pivotal legal
action, as they moved the Supreme Court to challenge the construction of
retaining walls deemed detrimental and injurious. This included contesting the
Coastal Regulation Zone clearance granted for the construction of retaining
walls and a service road along the river banks by the Mumbai Metropolitan
Region Development Authority.