Supreme Court seized with case of identified illegal structures on Ganga in Bihar

In Ashok Kumar Sinha vs. Union of India & Ors. (2025), Supreme Court's Division Bench of Justices J.B. Pardiwala and K.V. Viswanathan observed: "we would like to know what steps have been taken by the authorities to remove all such encroachments over the banks of river Ganga. We would also like to know how many such encroachments are still there as on date on the banks of the river and in what manner authorities propose to remove all such encroachments & within what period of time. Before we proceed to issue final directions in this matter, we would like to have a report in this regard by the next date of hearing. We direct both the State of Bihar as well as the Union of India to file an appropriate report so that we can proceed further in the matter" in its order dated April 2, 2024. The case is posted for hearing after four weeks.

Earlier, the Court had directed the Bihar government to ensure that no further construction takes place adjacent to the Ganga River, particularly in and around Patna.The Court had directed the state to report to it on the progress of getting the 213 identified illegal structures, which have been raised on the floodplains of River Ganga in Patna.

A detailed report given by District Magistrate, Patna has been prepared based on survey conducted from Digha Ghat to Nauzar Ghat on the banks of river Ganga. In 2020, the petitioner had challenged the illegal constructions of colonies, setting up of brick kilns and other structures, including, a 1.5 km road by the Bihar government itself, on the eco-fragile floodplains of Ganga in Patna, "which constitutes one of the richest Dolphins habitat in the subcontinent" in violation of the River Ganga (Rejuvenation, Protection & Management) Authorities Order, 2016, under the Environment (Protection) Act, 1986.

The Court has directed Bihar government to ensure that no further construction takes place adjacent to Ganga River, particularly in and around Patna. 

The supplementary affidavit of Pramod Kumar Rajak (30), the Project Officer-cum-Deputy Director, Urban Development and Housing Department, Government of Bihar has submitted that till August 25, 2023, survey had been completed along the banks of the Ganga river from Digha Ghat to Mahatma Gandhi Setu that is approximately an 8 km stretch that is divided into Survey Map (1908-1909), Khas Mahal Digha-Diara map and Municipal Survey Map (1932-1933). In each survey map, private or raiyati land is marked by plots or khesra numbers and the areas along the banks of river Ganga were left unsurveyed, presumably because they were subject to seasonal floods. Any private construction on these parts which is unauthorized has been identified as an encroachment. The measurement team conducted measurement work on the basis of Survey Map (1908-1909), Khas Mahal Digha-Diara map and Municipal Survey Map (1932-1933) and the measurement team has submitted a detailed 1st survey report (from Digha Ghat to Mahatma Gandhi Setu) to the Circle Officer, Patna Sadar enclosing therewith (i) report, (ii) visual map, (iii) joint map of Siwan Patna District, and (iv) list of encroachers that were forwarded vide letter no. 7558 dated 24.08.2023 to the District Magistrate, Patna. As per the measurement report qua the survey completed till August 2023 from Digha Ghat to Mahatma Gandhi Setu, the status of illegal constructions/encroachments, Mauza/village-wise was as follows:
(i) Mauza Digha Diara Khas Mahal ½: Total number of illegal constructions, permanent/temporary encroachments are 35.
(ii) Mauza-Digha Diara, Thana no. 141:- Total number of illegal constructions, permanent/temporary encroachments are 21.
(iii) Mauza-Mainpura, Thana No. 140: Total number of illegal constructions, permanent/temporary encroachments are 06.
(iv) Mauza-Mainpura Diara, Thana No. 140: Total number of displaced families that were rehabilitated to these areas, decades ago by the Government in Bindi Toli are 205.
(v) Mauza-Dujra Diara, Thana No. 13: Total number of displaced families that were rehabilitated to these areas, decades ago by the Government are 08. 

The survey completed till August 2023 from Digha Ghat to Mahatma Gandhi Setu, at present the river Ganga is flowing only through certain parts of Diara area that is marked in the map and there is no specific map of the river Ganga in the survey maps. Temporary farming is done by local villagers due to increase and decrease in the water level during the rainy season.

Notably, on December 16, 2022, the Court had recorded that Additional Solicitor General had apprised the Court that steps have been taken by the concerned Ministry for identifying unauthorised constructions, if any, on the flood of the river plain Ganga in and around the location over which complaints have been made by the appellant by using Geo Mapping technology and it will take sometime to complete this process.