Can River Encroachment Go To NGT?

Answer:

Yes, river encroachment can go to NGT when it affects the riverbed, riverbank, floodplain, natural drainage, water flow, biodiversity, public land, or ecological balance. Encroachment may include illegal construction, boundary walls, temporary shops, dumping, filling, commercial activity, parking, religious structures, farmhouses, illegal colonies, or development projects on river land or floodplain. The main issue is whether the encroachment causes environmental harm. If the encroachment blocks natural flow, narrows the river, destroys floodplain, increases flood risk, damages vegetation, or causes waste discharge into the river, it can raise a substantial environmental question. The applicant should collect site photographs, maps, revenue records, satellite images, complaints to local authorities, and proof of continuing activity. Authorities may include District Magistrate, Revenue Department, Municipal Corporation, Development Authority, Irrigation Department, Pollution Control Board, Police, and private encroachers. In Ganga matters, NMCG may also be added. If the encroachment is linked to construction approvals, the concerned development authority may be necessary. NGT can direct demarcation, site inspection, removal of encroachment, restoration of riverbank, prevention of future dumping, and compliance monitoring. The NGT Act provides jurisdiction where a substantial question relating to environment is involved. River encroachment should therefore be drafted as an environmental protection case, not merely a land possession dispute.