The Supreme Court allowed desilting of Rajasthan’s Bisalpur Dam, overriding the NGT’s ban until July, due to severe water shortages. The Rajasthan government emphasized the dam’s crucial role in providing drinking water to Jaipur, Ajmer, and Tonk. This decision aims to address the urgent water crisis in these districts.
New Delhi: The Supreme Court recently made a decision regarding the Bisalpur dam in Rajasthan, a crucial source of drinking water for several districts in the state. Last year, the National Green Tribunal (NGT) barred the dredging and desilting of sediments in the dam, citing the need for an environmental clearance.
However, given the acute water shortage faced by Rajasthan, the Supreme Court’s vacation bench, comprising Justices P.S. Narasimha and Sanjay Karol, now permitted the firm that was awarded the contract to proceed with the desilting of the dam. The Rajasthan government submitted to the court that the Bisalpur dam, a lifeline reservoir for the drinking water needs of the districts of Jaipur, Ajmer, and Tonk.
The firm previously challenged the environment court’s order in December. However, the Supreme Court had not put the National Green Tribunal’s (NGT) order on hold at that time.
In the recent application, the firm sought an urgent interim order to stay the NGT’s judgment from November 2023. The firm argued that it was imperative to carry out the desilting process, as the three major cities in the state heavily rely on the dam for drinking and usable water.
The Rajasthan government and the Eastern Rajasthan Canal Project Limited (ERCPL) expressed significant concern, stating that ,
“Failure to undertake desilting, dredging, and disposal before the onset of the monsoon season could result in severe water scarcity for three districts.”
Additionally, they cautioned that neglecting desilting of the dam might increase the risk of flooding in adjacent areas of the reservoir, as conveyed to the bench.
On May 25, the court granted permission for the resumption of desilting, acknowledging the arguments put forth by both the company and the state government. It mandated the firm to keep a record of the materials extracted from the stockpile and temporarily suspended the NGT’s directive until the next scheduled hearing on July 16.
On November 26, 2023, the National Green Tribunal (NGT) prohibited the Erosion and Restoration Consultancy Private Limited (ERCPL) from proceeding with desilting, dredging of mineral extraction, and disposal activities at the Bisalpur dam in Tonk district. The NGT held that these activities, even if framed as desilting or dredging, could not be carried out without adhering to environmental laws.
The NGT’s central zone bench in Bhopal also directed the state pollution control board to take necessary preventive, prohibitory, punitive, and remedial measures if there any violations of environmental regulations.
This order from the NGT came in response to a petition filed by a resident of Jodhpur. The petitioner claimed that the bid issued for desilting the dam did not comply with the Sustainable Sand Mining Management Guidelines of 2016 and the Enforcement and Monitoring Guidelines for Sand Mining of 2020.
During the proceedings before the NGT and even the Supreme Court, the firm ERCPL objected to the petitioner’s locus standi (legal standing) to file the case. The company also argued that the work order,not for sand mining, and that, an incorrect premise and misconception.
In its application for interim relief, the company highlighted that before the NGT’s stay order, it already dredged one lakh metric tons of sand from the dam. The company argued that if the dredged material not disposed of before the onset of monsoons, it could cause harm to the dam and nearby areas.
Furthermore, if the dredging is not carried out before the rains, the dead capacity of the dam would increase, resulting in a reduction of the live storage capacity of the dam, which ultimately leads to a shortage of water supply.
The Rajasthan government and ERCPL, represented by Solicitor General Tushar Mehta and the state’s Additional Advocate General Shiv Mangal Sharma, supported the firm’s request, contending that the NGT order would cause “serious water scarcity” in Rajasthan’s three districts.
The court informed that sedimentation has led to a reduction in the water storage capacity of the dam, depriving around 3.5 million people of drinkable water. It argued that desilting, the only way to cater to the needs of the people residing in the three districts.
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Addressing the tribunal’s observation that desilting resembles sand mining., the state and ERCPL claimed that the bid, not for the dredging and desilting of a river, but that of a dam, which a man-made structure.
They said that,
“It was being done to specifically reclaim storage capacity and, therefore, no environment clearance was needed.”
The two also told the court that if the storage capacity of the dam not utilized to the maximum after desilting and dredging, it would lead to floods in the reservoir’s neighbouring areas.