Supreme Court Issues Notice On Plea Highlighting Illegal Encroachments On Eco-Fragile Floodplains Of Ganga

Supreme Court Issues Notice On Plea Highlighting Illegal Encroachments On Eco-Fragile Floodplains Of Ganga

On 1 February 2021, the Supreme Court (SC) issued a notice in an appeal filed against the National Green Tribunal (NGT) Order wherein it dismissed the plea filed against vast-scale illegal construction and encroachments on approx. 800 acres of the eco-fragile floodplains of River Ganga in Patna

A Bench of the SC comprising of Justices RF Nariman and Aniruddha Bose heard the submissions of the Counsel Akash Vashishtha and proceeded to issue a notice in the case of Ashok Kumar Sinha (Appellants) v. Union of India & Ors. (Respondents).

The plea was filed against the impugned order of the NGT wherein it held, "There were no particulars of the alleged violators in the application".

It was contended by the Appellant that he had undertaken a physical verification of the entire area, by putting his life in risk,and identified several structures that are constructed on the floodplains.

In the plea,a substantial question was raised regarding damage to the environment arising from continuous unauthorized and illegal constructions and other permanent encroachments. It was submitted that over a massive 520 acres of ecologically sensitive floodplain, stretching from Nauzer Ghat to Nurpur Ghat, had been usurped and that this stretch was prone to recurrent floods every year.

It was further mentioned in the plea that the illegal constructions and encroachments that are being carried out in habitats provide shelter to the Gangetic Dolphin. It is protected under Schedule-I of the Wildlife (Protection) Act, 1972 (Act), and it has also been declared as an Endangered Species by the International Union for Conservation of Nature (IUCN).

The plea stated, "Owing to a rich presence of a sizable number of Dolphins in the aforesaid stretch, as also its upstream and downstream, the State of Bihar had decided to set up a National Dolphin Research Centre (NDRC) on the banks of Ganga in Patna. The Centre is said to be the first of its kind in the country and Asia. These illegal and unauthorized constructions and encroachments were destroying the habitat and, thereby, the very survival of Gangetic Dolphins."

The appellant contended that the encroachments have been causing huge amount of waste, noise and generating a vast quantum of sewage that has been directly flowing, untreated, into the Ganga River. It is further highlighted that such constructions are aggravating the risk to life and property of the dwellers who occupy the surroundings as it leads to flooding.

The Appellant raised the issue that "The said illegal and unauthorized constructions and encroachments violates Clauses 6(3) and 6(4) of the Ganga Notification (River Ganga Rejuvenation, Protection, and Management) Authorities Order, 2016) that prevents any project or process or activity which has the effect of causing pollution in the River Ganga."

Another issue that was raised by the appellant was regarding the illegal and unauthorized constructions and other ancillary activities carried out on the Ganga floodplain that is in gross violation of the notified Master Plan of Patna 2031 that is depicted to be an entire floodplain area of Ganga as a Biodiversity Zone. Hence, the said land should be kept free of any construction or encroachment.