ORDER

1. Grievance in the application, originally filed before the Pune Bench on 07.04.2016, was against the Vishwamitri Riverfront Development Project (VRDP) at Vadodra, Gujrat, in violation of environmental norms. Broad averments of the applicants are that the project violated the EIA Notification, 2006, requiring prior EC, after assessment of the impact of the project on environment. The project in question adversely impacted the environment, particularly the Vishwamitri River wetlands, ravines, inter-connectivity with other water bodies, floodplains, flora and fauna, biodiversity, etc. The River consists of catchments, floodplains, tributaries, ponds, river-bed and adjoining ravines which, along with the soils and vegetation on both sides, is the river’s natural mechanism to retain the additional water, prevent floods and provide habitat for various species. River harbours and interacts with innumerable organisms like microbes, plants and animals. It is a natural, living organic part of a larger ecological system. River is also a network of tributaries, floodplains and ponds spread over its basin and the estuary. The Vishwamitri River originates from Pavagadh Hill, north-east of Vadodara City, has a unique ecosystem, bearing a plethora of beautiful ravines right from its beginning till its end. Of paramount importance in its ecology is the presence of the highly protected species, the Indian crocodile (Crocodylus palustries- Mugger Crocodile) and Turtles. The crocodiles, turtles and other species have been inhabiting and breeding in stretches of the Vishwamitri River for many years. This species is categorized as nationally ‘vulnerable’, subsequent to an assessment following IUCN criteria for threatened species (Molur and Walker 1998) and has the highest legal protection in India. It is listed in Schedule I to the Indian Wildlife (Protection) Act, 1972. The importance of this species is illustrated by the multiple legal and policy efforts which have been developed by the Government of India to protect the crocodile population. ‘Indian Crocodile Conservation Project’ was launched as early as the late 1960s. Subsequently, the crocodile and Turtle have been included in Appendix-I of Convention of International Trade in Endangered Species (CITES) and brought under Schedule-I of The Wildlife (Protection) Act, 1972. Any activity against the survival of the highly protected species, without approval by the State Wildlife Board/National Wildlife Board and the Government of India is illegal. The construction activity commenced on or about 25.10.2015 to which objections were raised. There were other illegal activities in the river, resulting in damage to the riverine ecology.

The activities included dumping of the solid waste, illegal constructions, etc. The flood water course changed because of illegal constructions. The T.P Scheme No.66 in Bhimnath Lake – a water body and was thus illegal.

The map of the boundary of the lake was not complete.

2. The petition first came up for hearing on 28.04.2016 when notice was issued to the respondents i.e. MoEF&CC and the authorities of the State of Gujarat. Vide order dated 25.05.2016, this Tribunal restrained the Vadodara Municipal Corporation (VMC), from proceeding with the development activities within the area of VRDP project.

3. The stand of the VMC is that the project has not yet been finalized. It was only at conceptual stage. The project was to beautify and rejuvenate the river for the benefit of the general public. It will increase the flood carrying capacity, clean the river and protect the habitat of the wildlife. It will be integrated with the development of the city without any damage to the environment. A Consultant was hired for preparing the