The Supreme Court has asked the Union government to submit a comprehensive report on illegal constructions and encroachments along the banks and flood plains of the Ganga river, seeking details of the steps taken to remove such structures and protect the river ecosystem.
A bench of Justices JB Pardiwala and KV Viswanathan directed the Centre to place on record the measures undertaken so far to implement the notification relating to the rejuvenation, protection, and management of the Ganga. The Court also asked the Union government to explain the obstacles, if any, faced by the authorities responsible for enforcing these measures.
During the hearing, the bench raised questions about the effectiveness of the existing framework and the challenges faced by the National Mission for Clean Ganga Authority in implementing the notification. The judges asked the Centre to clarify what hurdles were preventing the Authority from ensuring the proper execution of the measures intended to safeguard the river.
The Court further sought details on the steps the Authority plans to take to protect the Ganga as it flows through multiple states and to ensure that its riverbanks and flood plains remain free from encroachments. It also asked the Centre to inform the Court about the type of directions it may require from the judiciary to enforce the notification effectively and restore the river’s ecological integrity.
Recognising that the issue extends beyond isolated disputes, the Supreme Court issued notices to several states located in the Ganga basin. The bench indicated that the matter requires a broader examination due to the widespread nature of encroachments along the river.
Appearing for the petitioner, advocate Akash Vashishtha told the Court that large-scale encroachments were present across the riverbanks and needed urgent intervention. He also highlighted that some stretches of these riverbanks serve as habitats for freshwater dolphins, making the issue environmentally significant.
The proceedings arise from a petition filed by Patna resident Ashok Kumar Sinha, who challenged a June 30, 2020 order of the National Green Tribunal (NGT). The tribunal had dismissed his plea concerning illegal constructions and permanent encroachments on the eco-sensitive flood plains of the Ganga.
The Supreme Court has scheduled the matter for further hearing on April 23.
