SC grants eight weeks to Bihar to remove encroachments from Ganga flood plains in Patna

The Supreme Court granted Bihar eight more weeks to remove unauthorised structures and encroachments from the Ganga flood plains between Nauzar Ghat and Nurpur Ghat in Patna. The court warned that failure to comply could lead to contempt proceedings against officials

New Delhi: The Supreme Court has granted eight weeks to the Bihar government to comply with its directions to remove all unauthorised structures and encroachments on the flood plains between Nauzar Ghat and Nurpur Ghat in Patna.

A bench of Justices J B Pardiwala and K V Viswanathan noted that on July 21, the apex court had granted six weeks to the state to ensure that each and every unauthorised structure and encroachments standing on the Ganga flood plains between Nauzar Ghat and Nurpur Ghat were removed.

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On September 28, Bihar’s Advocate General S D Sanjay informed the bench that directions issued by the top court were partially complied with.

He said the recent natural calamity in Nepal, which led to the level of River Ganga rising, submerged this entire portion and made it difficult for the authorities to proceed further with the removal of encroachments.

“We grant for one last time, eight weeks’ time period to comply with our directions, failing which we shall have to summon the chief secretary of the State of Bihar and other authorities before us and we may also proceed further with contempt,” the bench said.

“After eight weeks, i.e., on the next date of hearing, we want a full compliance report as regards the removal of the encroachments as directed by us. No further time shall be granted,” it said.

The top court was hearing a petition challenging a June 2020 order of the National Green Tribunal which had dismissed a plea against illegal constructions and permanent encroachments on the eco-fragile flood plains.

In its September 28 order, the bench noted that some intervention applications were filed before it in the matter and these intervenors have said that whatever construction was there, was on their own land and those do not fall within the flood plains.

“In this regard, it may be open for these intervenors to prefer an appropriate representation addressed to the competent authority,” the bench said.

The top court said if any representation is preferred by any of the intervenors before it, they shall attach all documents of title over the land, including the authorised sanction and authorisation of building that might have been granted for the purpose of construction.

“In the absence of these documents, no representation shall be looked into,” it said, while disposing of the intervention applications.

While hearing the matter in July, the top court had observed that illegal constructions along River Ganga was a matter of concern.

It had directed the Bihar government to remove all unauthorised structures and encroachments between Nauzar Ghat and Nurpur Ghat along the river banks within six weeks.

The top court had passed the order after the petitioner referred to encroachments between Nauzar Ghat and Nurpur Ghat on and along river Ganga.