By Arun Pratap Singh
Dehradun, 16 Apr: The fragile ecological balance of Uttarakhand’s river systems has once again come under judicial scrutiny as the High Court, in a hearing yesterday, issued stringent directions to halt illegal construction and encroachments along the Rispana and Bindal riverbeds in Dehradun and Rishikesh. The division bench, comprising Chief Justice G Narender and Justice Alok Kumar Mehra, expressed grave concern over the persistent disregard for court orders, recalling its landmark 2018 verdict that had sought to restore the sanctity of the state’s rivers. However, while the observations made by the High Court in this regard yesterday reflects continued judicial concern over recurring violations, despite previous court interventions as far back as 2018, environmentalists are still distrustful about an effective implementation of the court’s directions.
During yesterday’s hearing, the court’s attention was drawn by petitions from vigilant citizens, including Pankaj Agarwal of Rishikesh, who highlighted the unabated proliferation of unauthorised constructions in environmentally sensitive zones. The bench seemed to be particularly troubled by the practice of compounding illegal properties without the requisite surveys or sanctioned maps, a practice that continues to undermine the regulatory framework.
Significantly, during the proceedings, Garhwal Commissioner Vinay Shankar Pandey, appearing virtually had to concede that irregularities had indeed occurred in the compounding process and assured that corrective measures would be implemented within a month. The bench, while taking note of this assurance, has directed that the Mussoorie Dehradun Development Authority (MDDA) must not approve any compounding in the absence of a thorough site survey and a duly approved map. The court also set a firm one-month deadline for rectifying these violations and unequivocally stated that no further unauthorised approvals would be entertained.
It may be recalled that this latest intervention on encroachments and illegal construction on and around the catchment areas of rivers Bindal and Rispana in Doon Valley is reminiscent of the court’s 2018 orders, which had directed sweeping demolitions and clearance of encroachments across the state, following suo moto cognisance of the deteriorating condition of riverbeds. At that time, however, the government departments had filed affidavits and pledged compliance, yet the recurrence of these issues in 2025 suggests a troubling pattern of administrative inertia and weak enforcement. Of course, the court’s order in this regard was also diluted by a number of ordinances brought up by the state government which sought to grant protection to the encroachers.
The court’s concern is augmented by fresh reports of ongoing unauthorised construction, delayed enforcement, and instances where the MDDA’s own officials, notably the Assistant Engineers, etc., have reportedly lifted seals from illegal properties, raising doubts about the depth of compliance with judicial directives. The court’s insistence on accountability was echoed in its demand for a detailed demolition report on encroachments in Vikasnagar, to be submitted by April 21, along with marked maps of the affected areas. It remains to be seen, however, if a stricter approach by the Court this time would result in more rigorous, evidence-based monitoring, moving beyond mere assurances from the administration.
The heavily encroached Bindal River as well as Rispana remain a focal point of concern, with Principal Secretaries from the Forest, Irrigation, Urban Development, and Revenue departments submitting affidavits and promising the removal of all such encroachments by 30 June. The state government, in response to the court’s directives, has also initiated steps such as the installation of high-mast lighting and CCTV cameras near natural water sources of the Rispana and Bindal rivers, alongside plans for an awareness campaign to deter debris dumping. The municipal corporation has reported the clearance of over 1,000 hectares of encroached land and warned of prosecution for contractors found dumping debris in the rivers.
According to the environmentalists, the court’s vigilance is driven by recognition of the persistent gap between judicial pronouncements and ground-level implementation. Experts attribute the recurrence of illegalities to bureaucratic inertia, political pressures, and the lack of sustained monitoring. The fact that similar matters have resurfaced before the bench, despite repeated and robust court orders, including the 2013 blanket ban on construction within 200 metres of all rivers in the state, underscores the urgent need for a more robust enforcement mechanism.
The next hearing in this case in the Nainital High Court is scheduled for 21 April and is expected to be a crucial juncture. Should the compliance reports and maps fail to demonstrate tangible progress, the bench may contemplate imposing penalties or even initiating contempt proceedings, as was witnessed during the 2018 hearings. One may also recall that, while some action was taken towards identification and demolition of certain illegal encroachments in the year 2018, no slum colony was removed from the river beds and the catchment areas of the rivers as had been directed by the High Court and, instead, the government came up with an ordinance under the pretext of protecting the interest of the people in the wake of coming winter season to halt the drive. Later these ordinances were granted several extensions. In view of these developments, the fate of Uttarakhand’s rivers, and indeed the authority of its courts, continues to hang in balance, largely dependent on the willingness and capacity of the administration to translate judicial directives into effective action, unless the Court adopts a stricter approach this time.
