The Supreme Court, on Friday, stayed the Uttarakhand High Court’s decision, which declared rivers rivers Ganga and Yamuna as living entities..A Bench of Chief Justice JS Khehar and Justice DY Chandrachud heard the appeal filed by State of Uttarakhand against a March 20 decision of the High Court..Senior Advocate Gopal Subramanian appeared for the State of Uttarakhand..The State government has contended that the decision of the High Court is “unsustainable in the law”. It is the State’s submission that it is uncertain as to who would be liable to pay damages to those affected during floods or other calamities associated with the river..The State has also raised its concern that the High Court ruling did not take into account the fact that the two rivers flow in other States too and is not within the jurisdiction of Uttarakhand alone..The Uttarakhand High Court had, on March 20, declared Ganga and its tributary Yamuna as “persons in loco parentis” to protect, conserve and preserve the rivers and their tributaries..The High Court had further, designated the Advocate General of the State, the Chief Secretary and the Director of Namami Gange (the Water Ministry’s project to clean the Ganga) to be in charge of the protection of the rivers with the AG being directed to represent the rivers in all legal matters related to their protection. The High Court order had come in a petition challenging illegal construction and mining on the river bed of Ganga..Read Order
The Supreme Court, on Friday, stayed the Uttarakhand High Court’s decision, which declared rivers rivers Ganga and Yamuna as living entities..A Bench of Chief Justice JS Khehar and Justice DY Chandrachud heard the appeal filed by State of Uttarakhand against a March 20 decision of the High Court..Senior Advocate Gopal Subramanian appeared for the State of Uttarakhand..The State government has contended that the decision of the High Court is “unsustainable in the law”. It is the State’s submission that it is uncertain as to who would be liable to pay damages to those affected during floods or other calamities associated with the river..The State has also raised its concern that the High Court ruling did not take into account the fact that the two rivers flow in other States too and is not within the jurisdiction of Uttarakhand alone..The Uttarakhand High Court had, on March 20, declared Ganga and its tributary Yamuna as “persons in loco parentis” to protect, conserve and preserve the rivers and their tributaries..The High Court had further, designated the Advocate General of the State, the Chief Secretary and the Director of Namami Gange (the Water Ministry’s project to clean the Ganga) to be in charge of the protection of the rivers with the AG being directed to represent the rivers in all legal matters related to their protection. The High Court order had come in a petition challenging illegal construction and mining on the river bed of Ganga..Read Order
