To, Hon’ble Governor of Uttarakhand, Governor House , Dehradun/Nainital, Chief Minister of Uttarakhand, Dehradun, Uttarakhand :Subject: Construction is being done in the river bed of Saru River, from Saru Pul to PWD Tirha Bageshwar, Uttarakhand appears prima facie illegal construction that can destroy the river bed that is not allowed as per (M.C. Mehta v. Kamal Nath, WP 182/1996 (2002.03.15) (Beas River Case: Imposition of Exemplary Damages)
Sir, I would like to draw your kind attention towards a serious issue regarding destruction of river bed due to construction on river saru, Bageshwar, from Saru Pul to PWD Tirha. The construction on river bed appears prima facie illegal (as per photo attached with petition) or without taking any permission from District administration. This is matter of investigation from District Administration whether this construction is going on with proper permission or without permission at once in order to save the river bed of Saru River and prevent more encroachment on river bed if it is illegal or encroachment.
As per the famous verdict of (M.C. Mehta v. Kamal Nath, WP 182/1996 (2002.03.15) (Beas River Case: Imposition of Exemplary Damages) nobody allows to encroach river bed in India. The verdict concludes, “The Motel shall not encroach/cover/utilise any part of the river basin. The boundary wall shall separate the Motel building from the river basin. The river bank and the river basin shall be left open for the public use. 6. The Motel shall not discharge untreated effluents into the river. We direct the Himachal Pradesh Pollution Control Board to inspect the pollution control devices/treatment plants set up by the Motel. If the effluent/waste discharged by the Motel is not conforming to the prescribed standards, action in accordance with law be taken against the Motel. 7. The Himachal Pradesh Pollution Control Board shall not permit the discharge of untreated effluent into river Beas. The Board shall inspect all the hotels/institutions/factories in Kullu-Manali area and in case any of them are discharging untreated effluent/waste into the river, the Board shall take action in accordance with law.”
We may request you to give direction to District Administration to investigate this matter and all other similar matter where river bed is encroached or destroyed without taking any permission from appropriate authority. If the above activity is found illegal after the investigation, we may further request to take stern action against the authority responsible such an illegal act openly in Bageshwar District and set an example to punish them under the rules. Nobody whether belongs to higher stature of society, is allowed to destroy the natural resources and pollute the river of our country. It is our moral and constitutional duty to save river and its bed and stop all pollutant discharge in the river.
I do hope you may look into this matter seriously as soon as possible and save the river saru.
Ramesh Kumar ‘Mumukshu’
RTI Activist & Chairman
Parvatiya Lokvikas Samiti