6 hrs ago
Supreme Court Gives Bihar Eight Weeks to Clear Ganga Encroachments
The Supreme Court wants Bihar to remove illegal buildings and other structures from a flood-prone area beside the Ganga.
The area is between Nauzar Ghat and Nurpur Ghat in Patna.
The court had earlier given Bihar six weeks to complete the work.
Bihar said rising water after a natural calamity in Nepal covered the area and made the work difficult.
The court has now given Bihar eight more weeks.
It said this is the last extension and no more time will be granted.
If Bihar does not comply, senior officials could be called to court.
The court could also begin contempt proceedings.
People who say their buildings are legally outside the flood plains must provide land and construction documents.
The Supreme Court granted Bihar eight weeks to remove unauthorised structures and encroachments from Ganga flood plains in Patna.
The affected area lies between Nauzar Ghat and Nurpur Ghat along the river.
Bihar said flooding after a natural calamity in Nepal submerged the area and delayed removal work.
The court warned it could summon Bihar’s chief secretary and pursue contempt proceedings if its directions are not followed.
People claiming their structures are on private land must submit title and building-authorisation documents to the competent authority.
- Who
- The Supreme Court of India, the Bihar government, and people claiming rights over some structures.
- What
- The court granted Bihar eight weeks to remove unauthorised structures and encroachments from specified Ganga flood plains.
- Where
- The Ganga flood plains between Nauzar Ghat and Nurpur Ghat in Patna, Bihar.
- When
- The decision was reported on October 2; the court’s latest order was issued on September 28, after an earlier six-week deadline granted on July 21.
- Why
- The court is enforcing directions concerning illegal constructions and permanent encroachments in an eco-fragile flood-plain area; Bihar cited flooding as the reason for delayed work.
Supreme Court’s Position
Bihar and Intervenors’ Position
Removal deadline
Supreme Court’s Position
The court ordered the removal of every unauthorised structure and encroachment in the specified flood-plain area and said no further extension would be granted.
Bihar and Intervenors’ Position
Bihar said compliance was only partial because flooding submerged the area and prevented authorities from completing the removal work.
Claims of lawful construction
Supreme Court’s Position
The court said representations about structures being outside the flood plains would be considered only with land-title and building-authorisation documents.
Bihar and Intervenors’ Position
Some intervenors said their constructions were on their own land and outside the flood plains, and were allowed to approach the competent authority with supporting documents.
Key facts
- New deadline
- Eight weeks, described by the court as the final extension
- Affected area
- Ganga flood plains between Nauzar Ghat and Nurpur Ghat in Patna
- Earlier deadline
- Six weeks, granted on July 21
- Reported flooding cause
- A natural calamity in Nepal led to a rise in the River Ganga and submerged the area
- Possible consequences
- Summoning Bihar’s chief secretary and other authorities, with possible contempt proceedings
- Required documents
- Land-title documents and authorised building sanctions or authorisations
- Related proceeding
- A petition challenging the National Green Tribunal’s June 2020 dismissal of a plea against the encroachments
Quotes
Supreme Court bench of Justices J B Pardiwala and K V Viswanathan
The Supreme Court bench hearing the petition concerning encroachments on the Ganga flood plains in Patna.
“We grant for one last time, eight weeks’ time period to comply with our directions, failing which we shall have to summon the chief secretary of the State of Bihar and other authorities before us and we may also proceed further with contempt”
theprint.in
CNBC TV 18
“After eight weeks, i.e., on the next date of hearing, we want a full compliance report as regards the removal of the encroachments as directed by us. No further time shall be granted”
theprint.in
CNBC TV 18
Sources
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