NGT asks Centre to respond to challenge over Ganga floodplain amendment
The National Green Tribunal (NGT) has issued a notice to the Union government on a petition challenging a recent amendment that relaxes construction restrictions on the Ganga's floodplains and redefines the river's floodplain. The tribunal, however, did not stay the operation of the amendment.
The petition, filed by environmentalist Amit Kumar, argues that the amendment to the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016, dilutes the 'no-construction zone' established by an earlier NGT order. That order, passed in 2016, had largely defined the floodplain based on a once-in-a-century flood line, effectively barring construction in areas that could be inundated by such an extreme event. The amendment, notified by the Ministry of Jal Shakti's National Mission for Clean Ganga in early August, now introduces a new categorisation based on shorter return periods.
Under the revised definition, the 'active floodplain' covers land inundated by a flood with a one-in-five-year return period, a 'regulatory zone' covers land flooded once in five to 25 years, and a 'warning zone' covers land flooded once in 25 to 100 years. Permanent or temporary structures for residential, commercial or industrial use are now barred only on the river, its banks, tributaries and the 'active floodplain', subject to specified exceptions. This marks a significant reduction in protection compared with the earlier 100-year flood line standard. Mr. Kumar contended that the change contradicts earlier rulings of the NGT and High Courts, including a 2017 judgment by a six-member Bench that treated a 100-metre stretch from the river's edge as a no-development zone along the Haridwar-to-Kanpur corridor.
Hearing the matter on August 19, a Bench of Chairperson Justice Prakash Shrivastava and Expert Member Afroz Ahmad directed the Union government and other respondents to file their replies and listed the case for further hearing on October 27. The tribunal refrained from staying the amendment, meaning the new rules remain in force for now.
The amendment had been reported earlier this month by The Hindu, drawing attention to both the relaxed construction rules and the new three-band floodplain categorisation. A government official had explained the change as 'correcting a legal inconsistency' in the original order. But environmentalists have flagged concerns that tying protection to shorter return periods and shifting towards a clearance-based regime could open up land closer to the river for development, potentially undermining the floodplains' role as a buffer against pollution and recharging groundwater.
The Ganga floodplains are ecologically sensitive areas that support diverse flora and fauna and help mitigate flooding in adjacent regions. Conservation activists have repeatedly stressed the importance of maintaining a long-term perspective when defining boundaries for development. The outcome of the case will have significant implications for urban planning and environmental regulation along one of India's most important rivers.
As the legal challenge progresses, the central government's response will be closely watched. The NGT's decision to admit the petition without staying the amendment means that construction activities, if any, may proceed under the new norms until a final ruling is made. This places a greater responsibility on the tribunal to balance developmental needs with environmental safeguards, especially in a river basin that provides water and livelihoods to millions of people.
For now, the matter stands adjourned to late October, giving all parties time to present their arguments. The case underscores the ongoing tension between rapid infrastructure growth and ecological conservation, a debate that is particularly acute along the Ganga, which holds cultural and spiritual significance for millions.
