Ensure No Further Constructions Adjacent To Ganga River : Supreme Court Directs Bihar Govt

The Supreme Court has directed the Bihar Government to ensure that no further construction takes place adjacent to the Ganga River, particularly in and around Patna.

The Court has further directed the state to report to it on the progress of getting the 213 identified illegal structures, which have been raised on the floodplains of River Ganga in Patna.

A bench comprising Justices Aniruddha Bose and Augustine George Masih passed the Order in an appeal arising from an NGT Order that disposed of the Original Application of Ashok Kumar Sinha, a Patna resident, 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 ecofragile floodplains of Ganga in Patna, which constitutes one of the richest Dolphins habitat in the subcontinent.

The Appeal was filed alleging complete violation of the River Ganga (Rejuvenation, Protection & Management) Authorities Order, 2016, under the Environment (Protection) Act, 1986.

Arguing for the Appellant, Akash Vashishtha, Advocate, told the Bench that the Bihar government was actively allowing the illegal constructions everyday on Ganga floodplains.

"The primary concern is that they are not surveying the most affected and damaged areas. Almost the entire groundwater of Patna is affected with Arsenic contamination, a highly carcinogenic element, and therefore, the drinking water needs of Patna city is dependent on the health of the surface water, that is, Ganga," Vashishtha submitted.

The court desired to know the status of Ganga in West Bengal and Jharkhand and said it would expand the scope of the Appeal to include the two states. The court directed Additional Solicitor General Ms. Aishwarya Bhati to take instructions in that regard, and apprise the court on the next date, 05.02.2024.

Case : Ashok Kumar Sinha v. Union of India | Civil Appeal No(s). 3367/2020

Click here to read the order