The Supreme Court on Friday stayed a decision of the Uttarakhand High Court declaring Ganga and Yamuna rivers as living entities. The decision came on an appeal filed by the Uttarakhand Government since the judgment named the Chief Secretary of the State as "legal parent" of the twin rivers casting a duty upon him to maintain their health and well-being.
A bench of Chief Justice JS Khehar and Justice DY Chandrachud stayed the HC decision passed on March 20 and issued notice to the petitioner before the High Court, Mohammad Salim who approached the HC on the question of mining and stone crushing along the banks of river Ganga that depleted the water quality.
While directing the Dehradun District Magistrate (DM) to remove all encroachments from the Shakti canal of the Ganga at Dhakrani within 72 hours, the HC designated the rivers Ganga and Yamuna and all its tributaries as "living entities" giving them legal status.
The court held that the Director, Namami Gange project, Chief Secretary Uttarakhand act as "legal parents" to the river to ensure the river is kept clean and free from encroachments. These officers were bound to "uphold the status" of the two rivers and also promote their "health and well being". In addition, the Advocate General of the state was asked to represent the two rivers at any judicial forum.