Supreme Court seeks status report on encroachments along Ganga banks

The directions came on an appeal by one Ashok Kumar Sinha, challenging the June 20, 2020 order of the National Green Tribunal, dismissing his plea for action against the encroachments in Bihar’s stretch.

IN A significant order that has repercussions for states through which the Ganga flows, the Supreme Court has sought a status report on encroachments along the banks of the river and steps taken to remove them.

Expanding the scope of a petition, which sought action against illegal encroachments in Bihar, a bench of Justices J B Pardiwala and K V Viswanathan asked Additional Solicitor General Aishwarya Bhati, who appeared for the Centre and National Mission for Ganga Authority, to file a “comprehensive detailed report highlighting…what is the current status insofar as encroachments are concerned in all the States…, from where River Ganga is flowing or passing through?”
The report should also explain the steps taken so far “for the meaningful implementation and execution of all the clauses of the” October 7, 2016, notification issued by the Ministry of Water Resources, River Development and Ganga Rejuvenation and “which talks about the principles to be followed for rejuvenation, protection and management of River Ganga”, the bench said in the March 12 order.

The court also sought to know “what are the impediments or hurdles coming in the way of the Authority in giving effect to the better and effective implementation of the notification” and “what steps” it “intends to take to protect the river Ganga passing through all the states… and ensure that the river plains and banks are free of all encroachments?”
Hearing it earlier, the SC had asked the Centre and Bihar government to appraise it about the number of such encroachments and action taken against them.

Advocate Akash Vashishtha, appearing for the appellant highlighted that in 2023, 213 encroachments were identified on the stretch between Digha Ghat and Nauzar Ghat, of which only 58 have been demolished.

Pointing out that some parts of these river are very rich in fresh water dolphins, he sought urgent action to remove the remaining encroachments.

The National Mission for Clean Ganga Authority in its affidavit said there are “encroachments all over the banks and periphery of River Ganga” in the state of Uttar Pradesh, Uttarakhand, West Bengal, Bihar, Government of National Capital Territory of Delhi , Haryana, Jharkhand, Rajasthan and Chhattisgarh.

The bench issued notice to all these states and fixed the matter for hearing next on April 23.