Assam: Preservation of Borsola Beel; Gauhati High Court reposes faith in government action

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Vijay Bishnoi and Justice Kardak Ete took into consideration the contentions made in the affidavit filed by the GMDA as well as the statements given by the Advocate General, Assam, and expressed its view that the respondents have taken sufficient steps for the preservation of the Borsola Beel as a reserve wetland. “We hope and trust that the construction of the 2 MLD Sewage Treatment Plant will be completed within the time limit, i.e., October 2024, and the State

The government shall make every endeavour to keep the Borsola Beel encroachment-free area in the future also,” bench observed and disposed of the suo moto PIL (1/2024).

This PIL petition was filed taking into consideration the issue regarding the encroachments over the “Borsola Beel,” situated in the midst of the city of Guwahati, which has already been declared a reserve wetland in the year 2001.

“…this Court, in a PIL filed in 1997 (PIL No. 23/1997), passed an order on January 4, 2000, directing the respondents to preserve the Borsola Beel. In the instant PIL, pursuant to the direction given by this Court, an affidavit has been filed on behalf of the respondent, Guwahati Metropolitan Development Authority.

(GMDA), wherein it is stated that the concerned Beel is surrounded by the localities of Paltan Bazar on the north, Rehabari on the east, Chatribari on the west, and Chabipool on the south.

“It is further stated that the untreated inflow of sewage water through various drains falls into the water body, and due to the dumping of solid waste from the surrounding area in the Beel, the water body has been degraded. It is also stated that the Borsola Beel is a part of the Bharalu drainage basin, and the outflow of the beel is through the sluice gates located on the southern side of the beel, thus the storm water is discharged into the Bharalu channel. It is further stated that, as per the report of the Pollution Control Board, Assam, the water of the Borsola Beel is contaminated with organic and non-organic substances, and the Sewage Treatment Plant (STP) on the upstream side of the water body has become defunct as the bed level as well as the water level have gone down below the intake point of STP, resulting in no flow with gravitation.

“It is further stated that the said STP has been non-functional since the year 2014. It is further mentioned in the affidavit that, as per NGT Case No. OA 673/2018, the Borsola Beel is considered a polluted water body. In such circumstances, it was considered Priority-I of polluted river stretches in India, and as per the NGT’s direction, an action plan was prepared by the Pollution Control Board, Assam, and a pilot project for the construction of two MLD Sewage Treatment Plants on the upstream side of the Borsola Beel with interception and diversion arrangements was initiated,” the bench said. Saikia, Advocate General, Assam, submitted that 65% of the work of construction of 2 MLD Sewage Treatment Plants was completed on May 15, 2024, and as of today, the work has been completed up to 70%.

T.J. Mahanta, learned Standing Counsel, Gauhati High Court, has submitted that the affidavit filed on behalf of the GMDA is silent about the encroachments made into the concerned Beel area. At this stage, the learned Advocate General has submitted that almost all of the encroachments from the concerned Beel area have already been removed except one garbage dumping site, and the process for the acquisition of land is also going on for the shifting of the said garbage dumping area. As soon as suitable land is acquired, the said garbage dumping site will be removed from the Borsola Beel area.

Also Read: Assam: 3 dead in boat accident on Borsola Beel in Sonitpur (sentinelassam.com)

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