In a significant environmental matter, the Supreme Court of India has sought comprehensive reports from both the Union government and the Bihar government regarding illegal encroachments on the banks of the Ganga river, especially in Patna. The apex court is examining steps taken to remove such encroachments and prevent further environmental degradation in the ecologically sensitive floodplain areas.

The Bench, comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan, stated:

"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."

The case stems from a civil appeal by Ashok Kumar Sinha, a Patna resident, challenging the dismissal of his application by the National Green Tribunal (NGT) in 2020. The application had raised concerns over illegal constructions—including housing colonies, religious structures, brick kilns, and even a government-constructed road—on the Ganga’s floodplains, which are known to be among the richest habitats for freshwater dolphins in the subcontinent.

Read Also:- "TASMAC Challenges ED Raid in Madras High Court, Says Officers Can't Act Above the Law"

During earlier proceedings, the Supreme Court had directed the Bihar government to halt all construction activities near the Ganga in Patna and had hinted at expanding the case's scope to cover floodplains in other states as well.

Advocate Akash Vashishtha, representing the appellant, argued 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 freshwater 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."

He further pointed out that many Ganga basin states are using arbitrary and unscientific methods to demarcate floodplains, violating the River Ganga (Rejuvenation, Protection & Management) Authorities Order, 2016, issued under the Environment (Protection) Act, 1986.

Read Also:- Bombay High Court Issues John Doe Order to Stop Sale of Fake ‘Closeup’ and ‘Pepsodent’ Products

Following court orders from 2022 and 2023, the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Bihar government submitted affidavits detailing surveys and measures taken.

According to an affidavit filed by MoEF&CC Joint Secretary Ved Prakash Mishra, the Ministry highlighted actions taken to curb plastic pollution, including:

• Prohibiting single-use plastic from July 1, 2022.
• Issuing Extended Producer Responsibility (EPR) guidelines for plastic packaging in 2022.
• Establishing national and state-level task forces to monitor plastic waste management and stop its entry into water bodies.

The Court, however, clarified that the core concern remained the illegal encroachments on the riverbanks.

The Bihar government submitted two supplementary affidavits through its Urban Development & Housing Department. Key findings include:

Survey Findings (Digha Ghat to Mahatma Gandhi Setu – approx. 8 km):

• 35 encroachments in Digha Diara Khas Mahal.
• 21 encroachments in Digha Diara (Thana No. 141).
• 6 encroachments in Mainpura (Thana No. 140).
• 205 families rehabilitated decades ago in Mainpura Diara.
• 8 families similarly relocated in Dujra Diara.

Read Also:- Presumption Under Section 16 HAMA Requires Signature of Both Parties to Adoption Deed: Bombay High Court

Survey Findings (Mahatma Gandhi Setu to Nauzar Ghat):

• 151 illegal structures were found in un-surveyed areas of Sambalpur Diara.
• Multiple encroachment cases have been initiated under the Bihar Public Land Encroachment Act, 1956.
• A concrete road from Mahavir Ghat to Nauzar Ghat, functioning as an embankment and used for public transport, was also noted.

The reports indicate that the Ganga currently flows through only certain parts of the Diara region, which experiences seasonal flooding. The banks remain prone to farming by local villagers depending on water levels during monsoon.

"We would like to have more than a fair idea as regards the current status of the matter," the Bench stated, directing both the Bihar and Union governments to submit detailed status reports before the next hearing.

The Court also allowed the appellant to present updated information regarding the situation on the ground.

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