PIL seeks removal of encroachment from main canal connecting Ramrekha Ghat Simra of river Budhi Gandak to Moti Jheel in Motihari Town, to its original continuous flow

In Bhartiya Nyaypriya Nagrik Parishad vs. The State of Bihar & Ors. (2026), Patna High Court's Division Bench of Chief Justice Meenakshi Madan Rai and Soni Shrivastava heard a Public Interest Litigation, has been filed seeking issuance of writ in nature of writ of mandamus or any writ order commanding the Principal Secretary, Department of Minor Water Resources, Government of Bihar, Principal Secretary, Department of Urban Development, Government of Bihar, Principal Secretary, Department of Rural Development, Government.of Bihar, District Magistrate-cum-Collector, East Champaran, Motihari and Superintendent of Police, East Champaran, Motihari, the respondents to henceforth, expeditiously remove encroachment on the either side of the main canal connecting Ramrekha Ghat Simra of river Budhi Gandak to Moti Jheel in Motihari Town and to restore the said canal to its original width and continuous flow. It also prayed for issuance of consequential writ in nature of writ of mandamus or any writ order commanding Additional District Magistrate, Motihari, Sub-Divisional Officer, Sadar, Motihari, Sub-Divisional Police Officer, Sadar, Motihari, Land Reform Deputy Collector, Sadar, Motihari, Executive Engineer, Tirhut Canal Division, Motihari and Circle Officer, Sadar, Motihari, the respondents to take expeditious steps accordingly before the onset of monsoon season in order to mitigate the travesty of flood in Motihari in pursuance of the letter dated December 24, 2022 issued by Executive Engineer, Tirhut Canal Division, Motihari, the respondent No. 12. 

The Division Bench's order dated June 18, 2026 noted that P.K. Verma, senior counsel, represents all the State-respondents sought file the report in the form of an affidavit. Surendra Prasad Singh, counsel appearing on behalf of Executive Officer, Motihari Municipal Corporation, East Champaran, Motihari., the Respondent No. 14, also sought to file report in the form of an affidavit. The  matter is going to taken up on July 30, 2026, and in the interregnum, all the reports were directed to be filed.

The other thirteen respondents are:  2. Principal Secretary, Department of Water Resources, Govt. of Bihar, 3.Principal Secretary, Department of Minor Water Resources, Govt. of Bihar, 4. Principal Secretary, Department of Urban Development, Govt. of Bihar, 5. Principal Secretary, Department of Rural Development, Govt. of Bihar, 6. District Magistrate-cum-Collector, East Champaran, Motihari, 7. Superintendent of Police, East Champaran, Motihari, 8. Additional District Magistrate, Motihari, 9. Sub-Divisional Officer, Sadar, Motihari, 10. Sub-Divisional Police Officer, Sadar, Motihari, 11. Land Reform Deputy Collector, Sadar, Motihari, 12. Executive Engineer, Tirhut Canal Division, Motihari, 13. Circle Officer, Sadar, Motihari and 14. Executive Officer, Motihari Municipal Corporation, East Champaran, Motihari.

The counsel for the petitioner submitted that the canal in question connects Moti Jheel (Motihari) to Ramrekha Ghat, Simra, of the Budhi Gandak River. The canal is approximately 11 kilometers in length and has the potential to serve as an alternative channel for recharging the water of the Moti Jheel. It was also submitted that the canal can play an effective role in preventing and mitigating the threat of floods in Motihari. The attention of the High Court was drawn to the letter dated December 24, 2022 addressed to the District Magistrate, East Champaran, Motihari (Respondent No. 6) by the Executive Engineer, Tirhut Canal Division, Motihari (Respondent No. 12). It was submitted that upon receipt of the letter, Respondent No. 6 constituted a committee to conduct an enquiry and directed it to submit a detailed report. It was submitted that despite several meetings having been held, enquiry report has not been submitted so far. Consequently, the inaction on the part of the respondent authorities is causing serious inconvenience to the residents of Motihari, particularly during the rainy season, when they are compelled to face flooding and waterlogging. In this case, the Court's first order was passed on March 26, 2026.