The question that arises is whether the geo-bags containing sand placed in the Budhi Gandak river stream during the construction of the bridge, along with other construction waste, were required to be removed after completion of the bridge, observed Justice Arun Kumar Tyagi on January 9, 2026.
The only possible answer to the above question is in the affirmative: the geo-bags containing sand placed in the river stream during the construction of the bridge, as well as other construction waste, were required to be removed after the completion of the bridge.
If the geo-bags containing sand placed in the river stream during the construction of the bridge and other construction waste were not removed after completion of the bridge, remedial action for their removal was required to be taken immediately, without wasting any further time and without waiting for directions from the court.
“We are unable to accept the submission that the flow of the river was not affected and the river was continuing to flow and therefore no action was required to be taken,” the court stated.
The mere fact that the Budhi Gandak river continues to flow through the obstructions does not provide any valid justification for the non-removal of the geo-bags in question and other construction waste. It follows that the replies and responses filed by the District Magistrate, Muzaffarpur, and the Bihar State Pollution Control Board (BSPCB) “overlooked the constitutional obligation of the State and its instrumentalities,” the order said.
The court directed the respondents to take all requisite remedial measures for the removal of the geo-bags filled with sand or soil that were placed around each pillar to prevent water from entering the base, as well as all island-like formations that developed on either side of the bridge around the pillars and have since been covered with grasses and wild vegetation, and all plastic bags lying in the riverbed or river stream, within two months.
It was further cautioned that while removing the geo-bags in question and other construction waste, the structural safety of the pillars must be ensured, and bottom sediments should be kept intact during the removal process.
It may be added here that while removing the bags in question and other construction waste, structural safety of the pillars should be ensured and also during removal of bags in question and other construction waste, bottom sediments should be kept intact, the order cautioned.
The National Green Tribunal (NGT), in its order dated January 9, 2026, appreciated the efforts made by the applicants, Vikash Kumar Pathak and Devavrat Kumar Sahani, for the protection and improvement of the environment, and acknowledged the energy, time and expenses incurred by them in bringing the matter to the notice of the tribunal for remedial action.
The report filed by the West Bengal State Pollution Control Board (WBSPCB) on action taken against MB Sponge & Power Limited was vague, the NGT observed on January 8, 2026.
In compliance with NGT orders dated September 9, 2025 and December 10, 2025, an action taken report was filed by the WBSPCB. After examining the report, the bench headed by Justice Arun Kumar Tyagi described it as vague, stating that it reflected nothing but “inaction on the part of WBSPCB, which warrants the taking of appropriate action against WBSPCB itself for failure to discharge its statutory obligations”.
The court granted one more opportunity to the WBSPCB to verify the factual position, take appropriate preventive, punitive and remedial action in accordance with law, and file a fresh action taken report within six weeks. The NGT also directed responses to be filed by MB Sponge & Power Limited and the District Magistrate and Collector of Paschim Bardhaman.
The matter relates to the operation of a sponge iron industry and alleged illegal expansion carried out without the necessary clearances. The unit is located at PO Hijalgora, district Paschim Bardhaman.
The applicant alleged that the industry had violated environmental norms and was indiscriminately dumping dolochar, a heavily polluting byproduct of sponge iron production, on open land outside the premises of the unit. It was further alleged that despite closure orders passed by the State Pollution Control Board, the unit continues to operate in violation of environmental norms.
The State of Bihar sought time from the NGT on January 7, 2026 to file a compliance report on the tribunal’s order dated April 24, 2025, concerning the shifting of a waste processing unit in Gram Panchayat Raj Lakshmipur, Brahambatta, block Jandaha, district Vaishali. The NGT’s eastern bench listed the matter for January 29, 2026 for further proceedings and orders.
The applicant had raised grievances regarding the construction of a Panchayat Bhawan within the prohibited floodplain zone of 100–200 metres of the river Baya, and the dumping of garbage on plots numbered 619 and 620. The application was disposed of by order dated April 24, 2025.
The NGT had directed the District Collector, Vaishali, Bihar, to ensure that the waste processing unit set up in Gram Panchayat Raj Lakshmipur was removed within ten days, the site cleared of all debris, and the land restored to its original form. The order further stated that if the Gram Panchayat was of the view that a waste processing unit should be established, it must be done strictly in compliance with the siting criteria laid down in Schedule I of the Solid Waste Management Rules, 2016.
The District Collector, Vaishali, was directed to file an affidavit of compliance with the Registrar, National Green Tribunal, Eastern Zone, by May 20, 2025.
As per the office report, no affidavit of compliance has been filed by the District Collector, Vaishali, in compliance with the NGT’s order dated April 24, 2025. Consequently, the matter was listed again as a Miscellaneous Application.