The Supreme Court has directed the Centre to submit a comprehensive report on illegal constructions and encroachments along the banks and floodplains of the Ganga. The Court also sought details of steps taken to remove encroachments and protect the river ecosystem.
The Supreme Court of India has directed the Central government to file a detailed report regarding illegal constructions and encroachments along the banks and floodplains of the Ganga River. The Court also asked the Centre to explain what steps have been taken so far to remove such encroachments and protect the river ecosystem.
A Bench comprising Justices J.B. Pardiwala and K.V. Viswanathan directed the Union government to place on record the measures taken for the implementation and enforcement of the notification related to the rejuvenation, protection, and management of the Ganga river.
While hearing the matter, the Bench sought clarity on the difficulties being faced by the concerned authorities in implementing the notification effectively.
The Court asked,
“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, referred to above?”
The judges also questioned the government about the future course of action for protecting the river and ensuring that its banks and flood plains remain free from illegal structures. The Bench further asked,
“What steps the Authority intends to take to protect the river Ganga passing through all the States, referred to above, and ensure that the river plains and banks are free of all encroachments?”
Considering the seriousness of the issue, the apex court issued notices to several states located in the Ganga river basin. The Court observed that the matter required a broader and more comprehensive examination rather than addressing individual instances of illegal construction along the river.
During the proceedings, advocate Akash Vashishtha, appearing for the petitioner, informed the Court that there are widespread encroachments along different stretches of the riverbanks. He argued that the situation requires urgent intervention as illegal constructions have been increasing in environmentally sensitive areas.
He also pointed out that some of the affected riverbank regions are habitats for freshwater dolphins, which are ecologically important and need protection. The counsel emphasised that unchecked construction and encroachment could seriously damage these fragile ecosystems.
The Court also asked the Union government to clarify what directions the concerned authority might require from the judiciary to effectively implement the existing notification and remove illegal encroachments from the flood plains and riverbanks.
The Bench was hearing a petition filed by Patna resident Ashok Kumar Sinha challenging an order passed by the National Green Tribunal on June 30, 2020. The tribunal had dismissed his plea that sought action against illegal constructions and permanent encroachments on the eco-sensitive flood plains of the Ganga river.
The petitioner argued that illegal development activities along the riverbanks threaten the ecological balance of the region and undermine efforts aimed at conserving and rejuvenating the Ganga.
Taking note of the submissions and the environmental concerns raised, the Supreme Court decided to examine the issue more closely and asked the Centre to submit a comprehensive report on the situation.
The matter is now scheduled to be heard next on April 23.
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