SC Directs Bihar Govt to Ensure No Construction Takes Place Near Ganga River

The Supreme Court has directed the Bihar government to ensure the cessation of any further construction in close proximity to the Ganga River, especially in and around Patna.

A bench of Justices Aniruddha Bose and Augustine George Masih has mandated the state government to submit an affidavit detailing the removal of identified unauthorized structures erected on the floodplains of the Ganga River in Patna.

“In response to the court hearing, the counsel for the state of Bihar acknowledges that the state has identified 213 unauthorized constructions adjacent to the Ganga River in and around Patna, and measures have been initiated to dismantle these encroachments/constructions,” the Bench asserted.

“On the designated date, the state must update this court on the progress of removing these unauthorized structures by submitting an affidavit. The chief secretary of Bihar shall file such an affidavit. Additionally, the state must ensure that no further construction occurs adjacent to the Ganga River, particularly in and around the city of Patna,” the bench added.

The apex court was hearing a petition filed by Patna resident Ashok Kumar Sinha against the National Green Tribunal’s order on June 30, 2020, dismissing his plea concerning illegal constructions and permanent encroachments on the eco-fragile floodplains.

The plea argued that the tribunal passed the order without thoroughly examining the detailed particulars of the violators encroaching upon the Ganga floodplains in Patna, as submitted by the appellant.

“The illegal and unauthorized constructions and permanent encroachments on the floodplain of Ganga are generating significant amounts of waste, noise, and sewage. They are exacerbating the risk to life and property of the residents occupying the surroundings, as the areas stated annually go underwater due to floods. The illegal constructions are obstructing the natural course of the river,” the plea, represented by advocate Akash Vashishtha, stated.

The plea emphasized the detrimental environmental impacts on the rich biodiversity and the destruction of the habitat, thereby jeopardizing the survival of Dolphins, classified as a Schedule I species under the Wildlife (Protection) Act, 1972, in that stretch.

The plea highlighted the tribunal’s failure to acknowledge the crucial role of a clean Ganga in meeting the drinking and domestic water needs of the city’s 5.5 lakh population, given the contamination of groundwater in the district with Arsenic.

“A substantial 520 acres of ecologically sensitive Ganga floodplain, spanning from Nauzer Ghat to Nurpur Ghat in Patna, have been unlawfully seized. This stretch is susceptible to recurring floods every year. A multi-storey building, belonging to Takhat Shri Harmandir Sahib, has emerged since 2017, with parts still under construction,” the plea disclosed.