The National Green Tribunal heard a challenge to an August 7, 2026 amendment that redefines Ganga floodplains and replaces the earlier construction-free mandate with softer, aspirational language.
Applicants say this weakens legal protection, fragments floodplain regulation, and violates prior river notifications and the Public Trust Doctrine, while the tribunal has sought responses from Union authorities.
The amendment notification dated August 7, 2026, issued by the Union Ministry of Jal Shakti (water resources) amending the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 was challenged before the National Green Tribunal (NGT) on August 25, 2026.
According to the applicant, the amendment notification dilutes the mandate of the earlier notification that the banks and floodplains of the Ganga and its tributaries shall be maintained as a ‘construction-free zone’. The plea of the applicant is that the notification makes three important changes in the original notification of 2016.
For the first time, a definition of “active flood plain” is provided as “such area of River Ganga or its tributaries which comes under water due to floods corresponding to a one in five-year return period”.
Secondly, it fragments the unitary concept of “flood plain” into three administrative tiers: the “active flood plain” (up to the 1-in-5-year line), a “regulatory zone” (between the 1-in-5-year and the 1-in-25-year lines), and a “warning zone” (between the 1-in-25-year and the 1-in-100-year lines).
Thirdly, and most worrisome, the amendment notification deletes the words “shall be construction-free zone” and replaces them with an aspirational and unenforceable formula stating that the banks and floodplains “shall be maintained to reduce pollution sources, pressures and to preserve their natural ground water recharge functions through necessary measures.”
The applicant also pleaded that the amendment runs counter to the National River notification S.O.521 (E) dated February 20, 2009; the river Bhagirathi eco-sensitive zone notification dated December 18, 2012; and the order of the NGT in the matter of M C Mehta vs UOI & Ors dated July 13, 2017. It is also contrary to the Public Trust Doctrine, which has been recognised by the Supreme Court in various judgements.
The respondents, which included the Union Ministry of Water Resources, River Development and Ganga Rejuvenation, were directed to submit their response on the matter.
The work of delineation and demarcation of floodplain zone of river Ganga in the entire stretch of 700 km in Uttar Pradesh is complete, the counsel for the state stated before the NGT on August 25, 2026.
“The State of Uttar Pradesh has made substantial and tangible progress towards protection and preservation of the Flood Plain Zone of River Ganga and has successfully completed the physical demarcation of approximately 700 kilometres of the identified stretch of Segment-B, Phase-II of River Ganga, extending from Unnao to Ballia across all the concerned 13 districts by installing a total number of 7,350 pillars,” stated the affidavit filed by the Chief Engineer, Sone, Irrigation and Water Resource Department, Uttar Pradesh.
The court gave the applicants four weeks to file their rejoinder, if required. The case is scheduled for the next hearing on November 16, 2026.
The NGT took up the issue of pollution and encroachment upon the floodplain and green belt of the Pahuj river in Jhansi, Uttar Pradesh, on August 25, 2026.
The applicant has alleged that the Sanfran Group is constructing the Sanfran Sarovar Heights project, obstructing the flow of the Pahuj and that authorities have failed to prevent such an illegal construction.
The applicant has also pleaded that the Pahuj passes through Khasra 138, whereas the project is on Khasra 137. The applicant submitted a map in support of the plea that the project is being constructed by the side of the river. They also enclosed photographs to show that during the construction, debris has been thrown in the river, obstructing its flow.
The NGT on August 24, 2026, directed the authorities to respond to the matter and submit their reply.