Supreme Court Calls Fresh Report From Union, Bihar Govts On Steps Taken To Remove Illegal Encroachments From Ganga River Banks

In a matter pertaining to illegal encroachments on Ganga River banks, the Supreme Court recently called for a report from the Union government and the Bihar government detailing the current position of encroachments as well as the steps taken to remove them.

A bench of Justices JB Pardiwala and KV Viswanathan passed the order, stating,

"We would like to know what steps have been taken by the authorities to remove all such encroachments over the banks of river Ganga...We would also like to know how many such encroachments are still there as on date on the banks of the river and in what manner authorities propose to remove all such encroachments & within what period of time."

At the same time, the order also gave liberty to appellant-Ashok Kumar Sinha, a resident of Patna, to apprise about the current position.

In passing the order, the Court considered a supplementary affidavit filed on behalf of the State, which referred to a detailed report given by District Magistrate, Patna in relation to survey conducted from Digha Ghat to Nauzar Ghat on the banks of river Ganga.

Briefly put, the Court was dealing with an appeal arising out of an NGT order which disposed of an original application of Ashok Kumar Sinha in 2020, challenging the illegal constructions of colonies, setting up of brick kilns and other structures, including, a 1.5 km road by the Bihar government itself, on the eco-fragile floodplains of Ganga in Patna, "which constitutes one of the richest Dolphins habitat in the subcontinent".

The appeal alleged complete violation of the River Ganga (Rejuvenation, Protection & Management) Authorities Order, 2016, under the Environment (Protection) Act, 1986.

During the course of earlier hearings in the matter, the Supreme Court directed Bihar government to ensure that no further construction takes place adjacent to Ganga River, particularly in and around Patna. It further indicated that it may increase the ambit of the case so as to include the Ganga floodplains in other states.

During the recent hearing, Advocate Akash Vashishtha (for appellant), emphasized that large-scale illegal constructions and encroachments in the form of housing settlements, brick kilns and other religious structures were coming up on the floodplains of Ganga in Bihar, which stretch was extremely rich in fresh water Dolphins.

"Not only are such structures causing grave threat to the River and the Dolphins within it, the purity and pristinity of the Ganga waters are vital for meeting the drinking water and related needs as Patna's groundwater, is heavily laced with Arsenic," Vashishtha told the Court.

The counsel further raised a concern that most of the Ganga basin states are taking a "completely arbitrary and unscientific approach" in the delineation and demarcation of floodplains of Ganga or its tributaries, inconsistent with the Central statutory provisions under Ganga Authorities Order, 2016, issued under the Environment (Protection) Act, 1986.

Appearance: Advocate Akash Vashishitha (for appellant); Advocate Azmat Hayat Amanullah (for State of Bihar) and Advocate Manisha Chava (for Union of India)

Case Title: Ashok Kumar Sinha v. Union of India, Civil Appeal No. 3367/2020

Click here to read the order