Patna High Court Directs Bihar Chief Secretary To Monitor Revival Work Of Moti Jheel In Motihari

The Patna High Court has directed the Chief Secretary to monitor the revival of Moti Jheel through an officer authorized by him.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad asked the Chief Secretary to authorize the officer to suitably monitor the revival work personally. The authorized officer has been directed by the court to file a report every three months before the Chief Secretary.

The court passed the order on a Public Interest Litigation (PIL) filed by advocate Kumar Amit for the renovation, rehabilitation, and conservation of Moti Jheel, a historical lake situated in the heart of Motihari, East Champaran, Bihar. The petitioner emphasized the lake's historical significance, as it served as the "starting point of India's Independence movement" during the first Satyagraha movement.

Amit argued that Champaran has immense tourism potential and can be developed by the State. There is depredation of the eco-system in and around the lake, degradation of the water quality by reason of defecation, dumping of solid waste and waste water, causing inlet blockage and environmental problems in and around the lake, the court was told.

Earlier, a division bench of the court had directed the state Chief Secretary to convene a meeting to address the concerns and by a further order, highlighted four issues, being dissatisfied with the affidavit filed by the Chief Secretary in compliance of the previous order.

These issues included incomplete dredging and desilting work, removal of encroachments in and around the water body, development of infrastructure including embankments and parks, and beautification of the complex by planting trees and removing the encroachments on Ratnagiri channel, being the main source for recharging Moti Jheel.

District Magistrate of East Champaran filed a supplementary counter affidavit addressing the court's concerns.

Regarding the dredging and desilting work, the court was told that Bihar Urban Development Corporation has indicated it would be completed by January 2024. Other infrastructure development works, including embankments and parks, are scheduled for completion by April 2024, the State said.

The court was further told that efforts to remove encroachments around the lake have already begun, with 108 out of 158 identified structures having been removed. It was also pointed out that there are ongoing legal proceedings related to 16 government buildings, and in four writ petitions, there is a status quo directed to be maintained.

On the issue of beautification, the court was told the Circle Officer, Banjaria, has reported that a case has been instituted for the removal of encroachments in the Ratanpur channel. Notices were served to 23 individuals, all of whom have filed appeals in the Court of Collector, East Champaran, the court was told.

“Appropriate procedure for beautification of the complex by planting trees and clearing the primal source of the water body by removing encroachment on the Ratnagiri channel which is the main source for recharging the water body, i.e. Moti Jheel, can be proceeded with only after the encroachments are removed,” the District Magistrate, East Champaran said in the affidavit.

While disposing of the writ petition, the bench said, “We record the undertaking made by the District Magistrate, East Champaran and expect its due compliance.”

Case Title: Kumar Amit vs. The Union of India Civil Writ Jurisdiction Case No.3876 of 2022

Appearance :

For the Petitioner/s: Ms. Roona, Advocate

For the Respondent/s: Mr.Yogendra Prasad Sinha ( AAG 7 )

Click Here To Read/Download Judgment