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The Supreme Court has expressed deep concern over the rampant encroachment and dumping of plastic waste on the banks of the Ganga river. The bench, hearing a petition against illegal construction and pollution in Patna, has directed the central and Bihar governments to respond to the issue within four weeks.
The apex court rapped the governments for both encroachment and garbage dumping in and around Ganga river unabated. The SC also clarified a previous order, stating, “the state shall also ensure no further illegal construction or unauthorised encroachment takes place adjacent to the river Ganga, particularly in and around the city of Patna.”
A joint bench of Justice Hrishikesh Roy and Justice SVN Bhatti heard the case of Ashok Kumar Sinha vs Government of India on August 2, 2024. The petitioner had appealed last year against illegal and unauthorised construction and pollution on the banks of the Ganga in Patna.
“During the deliberations in this matter, it came to light that there is wide spread use of plastic in areas that are intended to be free of such pollution-causing products,” the bench said in its order. “The dumping of plastic is causing serious environmental degradation and also impacting aquatic life on the river banks and the waterbodies in the country.”
Unless the responsible authorities make a concerted effort with people’s cooperation, irrespective of the efforts to target illegal / unauthorised constructions, the desired improvement in the quality of the water in the Ganga and all other rivers and waterbodies in the country will remain illusory, the court pointed out.
Advocate Akash Vashisht, representing petitioner Ashok Kumar Sinha, argued that the encroachment and pollution along the Ganga are a complete violation of the Environment Protection Act, 1986 and the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.
“There is a rich dolphin habitat from Naujer ghat to Noorpur ghat which is under threat due to illegal construction in the floodplains along the Ganga,” Vashisht told the SC. “The National Mission for Clean Ganga had ordered all Ganga states to take action against illegal construction in the floodplains and to demarcate them. The status of what has been done so far should be known.”
In the same case, the SC’s December 1, 2023 order noted, “when the matter came up for hearing, the counsel for Bihar submitted that the state has identified 213 unauthorised constructions adjacent to the Ganga river in and around Patna and steps have been taken to remove these encroachments / constructions.”
While listing the matter for February 5, 2024, the bench further stated, “On that date, the state (Bihar) shall report to this court the progress in getting these unauthorised structures removed by filing an affidavit by the chief secretary of of Bihar.”
However, now the bench has also ordered the additional solicitor general of the Government of India to file an affidavit in four weeks on the matter. “The response should also take into account the environment concerns raised in the present order,” the order said, directing Bihar government to file an affidavit in the same time frame.