Joshimath Crisis: What is Land Subsidence and Indian Legislation Regarding it?

Abstract

The article titled "Joshimath Crisis: Land Subsidence and Indian Legislation" examines the sinking of buildings and infrastructure in Joshimath, Uttarakhand, and the relevant Indian laws addressing this issue. Geographical factors, construction activities, and soil stress are identified as causes of land subsidence. The National Green Tribunal (NGT) Act of 2010 is the primary legislation for land subsidence in India. The NGT has the power to issue directives and hold responsible parties liable for damages. Other laws, such as the Groundwater Act of 2002 and the Environmental Impact Assessment Notification of 2006, indirectly address land subsidence. The article highlights a landmark case, Save Mon Region Federation and Ors. v. Union of India and Ors., where the NGT halted a hydroelectric dam construction due to flaws in the environmental impact assessment process. Sustainable development and public consultation were emphasized. Overall, the article underscores the importance of addressing land subsidence in Joshimath and the role of Indian legislation, particularly the NGT Act, in prevention and mitigation.

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Joshimath is a town in the Indian state of Uttarakhand, situated in the Himalayas. The land subsidence in Joshimath has resulted in the sinking of buildings, roads, and other infrastructure, which has led to significant loss and damage to life and property. Land subsidence is a phenomenon in which the ground level sinks or settles due to natural and human-induced causes.

Geographical factors like Joshimath being in seismic zone V, which is more prone to earthquakes, progressive weathering, and water percolation all worked together to gradually weaken the cohesive strength of the rocks. Many experts are of the opinion that construction activities like NTPC’s Tapovan Vishnugad hydroelectric project, Char Dham road project, and Helang bypass constructed by BRO have resulted in excessive stress on the soil. Also, Joshimath, being the gateway to Badrinath, Hemkund Sahib, and skiing destinations like Auli, has seen numerous unplanned and haphazard construction activities in past years. In addition, the constant movement of troops and large vehicles, along with the significant influx of pilgrims and visitors, have caused the already vulnerable town to gradually collapse under the pressure.

In India, legislation regarding land subsidence is mainly covered under the National Green Tribunal (NGT) Act, 2010. The NGT is a specialised body that was established to handle cases related to environmental protection and conservation. The NGT has the power to issue directives and orders to prevent and mitigate the impact of land subsidence.

Under the NGT Act, any person or entity that causes or contributes to land subsidence can be held liable for damages and compensation. The NGT can also order the responsible party to take measures to prevent or mitigate the impact of subsidence.

In addition to the NGT Act, several other laws and regulations can also address land subsidence indirectly. For example, the Groundwater (Regulation and Control of Development and Management) Act, 2002, regulates groundwater use and management. Excessive groundwater pumping can cause land subsidence, and the Act provides for the regulation of groundwater use to prevent subsidence.

Similarly, the Environmental Impact Assessment (EIA) Notification, 2006, requires that all development projects undergo an environmental impact assessment to identify and mitigate the environmental impacts of the project. Land subsidence is one of the factors considered during the EIA process, and the assessment can require the project proponent to take measures to prevent or mitigate the impact of subsidence.

There is a landmark judgement as well with a similar factual situation, that is, Save Mon Region Federation and Ors. v. Union of India and Ors.; National Green Tribunal, whose judgement was as follows: On behalf of the Monpa native community, the Save Mon Region Federation contested the environmental clearance given for the construction of a hydroelectric dam on the Naymjang Chhu River. The Federation emphasised flaws in the environmental impact assessment (EIA) process and the lack of careful examination of the proposal by the expert appraisal committee (EAC). In its conclusion, the National Green Tribunal stated: "It is true that hydropower projects offer eco-friendly renewable sources of energy, and their development is necessary. However, we are of the opinion that such development should be "sustainable development," without any irreparable loss to the environment. The Court also believed that studies conducted should be available for public consultation in order to give impacted parties with legitimate environmental stakes a chance to voice their concerns. This will make it easier for the EAC to make impartial decisions regarding environmental issues and contribute to the region's sustainable growth. Therefore, the project was halted.

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References

Anna Fernandes. “What is land subsidence that caused Joshimath sinking”. DeccanHerald. January 09, 2023 (accessedFeb 28, 2023) https://www.deccanherald.com/national/north-and-central/what-is-land- subsidence-that-caused-joshimath-sinking-1179349.html

Praveen Bhargav.“Everything you need to know about NGT”.Conservation India. May 2, 2011 (accessed Jan 02, 2023) https://www.conservationindia.org/resources/ngt

Sristi Raichandani. “15 Landmark Judgements on Environmental Protection”.

Legaldesire (accessed Jan 02, 2023)

https://legaldesire.com/15-landmark-judgments-on-environmental-protection/

*This article is authored by Srishti Vasan & Sudeep Ranjan, Students from Symbiosis Law School, Noida and reviewed by Yavisth Makkar, Student from Symbiosis Law School, Noida.