New Delhi: The Supreme Court on Tuesday directed the Union and Bihar governments to submit detailed reports on the current status of illegal encroachments along the banks of the Ganga River and the measures taken to remove them.
A bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan passed the order while hearing an appeal concerning encroachments on the eco-sensitive floodplains of the Ganga in Patna.
The court emphasised the urgency of the matter, 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 and in what manner authorities propose to remove all such encroachments and within what period of time,” the court stated.
The court also granted liberty to the appellant, Ashok Kumar Sinha, a Patna-based environmentalist, to apprise the bench of the latest developments on the ground.
The matter stems from an appeal filed against a 2020 order of the National Green Tribunal (NGT), which had disposed of Sinha’s original application challenging illegal constructions along the Ganga floodplains, including unauthorized colonies, brick kilns, and even a 1.5-kilometre road constructed by the Bihar government itself.
Sinha alleged that these activities violated the River Ganga (Rejuvenation, Protection & Management) Authorities Order, 2016, issued under the Environment (Protection) Act, 1986, and posed a serious threat to the delicate ecology of the region, especially the freshwater dolphin population in Patna—a known biodiversity hotspot.
The court took into account a supplementary affidavit filed by the Bihar government, which included a detailed report from the District Magistrate of Patna based on a survey conducted between Digha Ghat and Nauzar Ghat.
However, the court found it necessary to seek comprehensive action plans and timelines for the removal of all such encroachments.
During earlier hearings, the court had already barred any further construction along the riverbanks, particularly in and around Patna.
It also indicated that the scope of the case could be expanded to cover floodplain encroachments in other Ganga basin states.
Appearing for the appellant, Advocate Akash Vashishtha highlighted that illegal construction activities were mushrooming on the floodplains despite statutory prohibitions.
He emphasised the grave ecological risks, stating, “These structures not only threaten the purity and flow of the Ganga but also endanger the survival of freshwater dolphins.
Moreover, Patna’s groundwater is severely contaminated with arsenic, making the Ganga’s clean water a critical source of drinking water.”
Vashishtha also criticised the lack of scientific consistency in how various Ganga basin states were demarcating floodplains, alleging that most states were violating central guidelines and acting arbitrarily.
The court’s observations signal growing judicial concern over the environmental degradation of the Ganga and reinforce the need for coordinated, science-based action across states to protect India’s most sacred and ecologically vital river.
