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Supreme Court orders Bihar Government to halt construction near Ganga

Synopsis

The Supreme Court has directed the Bihar government to immediately halt further construction activities in the vicinity of the Ganga River, particularly in and around Patna. The court has instructed the state government to submit an affidavit detailing the removal of identified illegal structures on the floodplains of the Ganga River in Patna. The plea, filed by a Patna resident, raised concerns about illegal encroachments and constructions on the ecologically sensitive Ganga floodplains, highlighting environmental degradation, threats to residents, obstruction of the river's natural course, and adverse impacts on biodiversity. The court's directive underscores the importance of environmental conservation and compliance with regulations to protect vital ecosystems.

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In a significant move, the Supreme Court has issued a directive to the Bihar government, instructing them to ensure an immediate halt to any further construction activities in the vicinity of the Ganga River, particularly in and around the city of Patna. The bench, comprising Justices Aniruddha Bose and Augustine George Mash, has mandated the state government to submit an affidavit detailing the removal of identified illegal structures erected on the floodplains of the Ganga River in Patna.

During the court proceedings, the bench emphasized the importance of the state's compliance with the order. This development comes in response to a plea filed by Patna resident Ashok Kumar Sinha against the National Green Tribunal's order on June 30, 2020, dismissing his appeal regarding illegal constructions and permanent encroachments on the eco-fragile floodplains. Sinha argued that the tribunal's decision overlooked crucial details of violators encroaching upon the Ganga floodplains in Patna.

The plea brought attention to the illegal encroachment of 520 acres of ecologically sensitive Ganga floodplain in Patna, stretching from Nauzer Ghat to Nurpur Ghat. It highlighted the recurrent floods in this stretch and raised concerns about the construction of a multi-storey building belonging to Takhat Shri Harmandir Sahib, which began in 2017 and is still under construction.

According to the plea, the illegal constructions and encroachments on the Ganga floodplains have led to environmental degradation, generating waste, noise, and sewage. The structures pose a threat to the lives and property of the residents, especially considering the annual flooding of the areas near the river. The plea also highlighted the obstruction of the natural course of the river by these illegal constructions.

Furthermore, the plea emphasized the adverse impact on biodiversity and the habitat of Dolphins, a Schedule I species under the Wildlife (Protection) Act, 1972, in the affected stretch of the Ganga River. The appellant argued that the tribunal failed to recognize the importance of a clean Ganga for meeting the drinking and domestic water needs of the city's population, given the contamination of groundwater with arsenic.

Development at the cost of the environment has been at the forefront of the ecological crisis the world faces. The court's emphasis on compliance underscores the need to address the ecological crisis and protect the Ganga's vital ecosystem.

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