News Item Titled "Vaishakh Mei Hee Sukh Gai Bihar Kee 60 Nadiya; Ret Me Huee Tabdil Nadiyan Par Bhee Ho Gaya Atikraman" Appearing in Livehindustan.Com Dated 03.05.2024 vs

NGT1 Jul 2024Original Application No. 655/2024

Case brief

AI extract

What is this about?

The National Green Tribunal, Principal Bench, New Delhi, registered a suo motu application following news reports of rivers drying up in Bihar. The Court impleaded statutory pollution control bodies and transferred the matter to the Eastern Zonal Bench, Kolkata, for further action.

What did the court decide?

Notice issued to the impleaded respondents; application transferred to the Eastern Zonal Bench, Kolkata, for hearing.

News Item Titled "Vaishakh Mei Hee Sukh Gai Bihar Kee 60… — Environment and Pollution | NGT (2024)

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Item No. 03

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 655/2024

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News Item titled " cS'kk[k esa gh lw[k xb± fcgkj dh 60 ufn;ka ; jsr esa gqb± rCnhy] ufn;ksa ij Hkh gks x;k vfrØe.k " appearing in livehindustan.com dated 03.05.2024

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Date of hearing: 01.07.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Respondent: None appeared

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ORDER

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This original application is registered suo motu on the basis of the news item titled " cS'kk[k esa gh lw[k xb± fcgkj dh 60 ufn;ka ; jsr esa gqb± rCnhy] ufn;ksa ij Hkh gks x;k vfrØe.k " appearing in livehindustan.com dated 03.05.2024.

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The news item relates to a significant issue of numerous rivers getting dried up in the state of Bihar. As per the article, more than five dozen rivers had dried up by the month of April this year. The article states that this is the first time the rivers have dried up in April, even before the summer season has started. The article highlights that since the last five-six years, it has become the norm that the rivers get dried up when the summer season arrives.

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The news item claims that as Bihar is an agriculture-oriented state. It will be very harmful and problematic for the state if the rivers dry up, as the people are highly dependent on them. The news item also states that the drying up of rivers has resulted in many negative outcomes. The groundwater level is going down rapidly. In some places, it has gone down

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to 50 feet, which is causing problems to access drinking water. The canals, wells, and ponds have started to dry up as the channels through which water reaches these water bodies have either been encroached or blocked. Agriculture and irrigation have received a major setback due to shortage of water. The drying up of rivers in Bihar has also affected public health.

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The news item states that there are numerous reasons for this. One of the primary reasons is filling of rivers with silt, which makes the rivers narrow. Another reason is encroachment on large terrain of rivers, as many people have made houses by encroaching on the territory of rivers by filling the banks. Moreover, rivers are also being used as dumping zones. The news item also states that various natural reasons, such as climate change, erratic rain, no recharge of land, and no water from the original source, are also vital causes for the rivers being in such a situation. It further alleges that cutting down trees in large numbers is also a cause, as due to the loss of trees, rain water is coming down to the ground directly, resulting in silt formation.

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The news item highlights numerous rivers that have dried up, including Noona, Punpun, Banas, Adhwara, Khiroi, Jharhi, Upper Badua, Barandi, West Kanakai, Viva, Pandai, Sikarhana, Phariani, Parman, Daha, Gandaki, Marha, Panchane, Dhoba, Chiraiya, Mohane, Nonai, etc. It further highlights that people have built huts in the Karmanasha river. Not just that, Chhadi river has been encroached by 10-20 feet from both sides and the river has turned into a canal.

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The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Environment Protection Act, 1986 a nd the Water (Prevention and Control of Pollution) Act, 1974.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Hence, we implead the following as respondents in the matter:

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(1). Bihar State Pollution Control Board, through its Member Secretary Parivesh Bhawan, Plot No. NS-B/2 Paliputra Industrial Area, Patliputra, Patna (Bihar) - 800 010

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(2). Ministry of Environment, Forests, and Climate Change, Integrated Regional Office (Bihar) 2nd Floor, HeadquarterJharkhand State Housing Board, Harmu Chowk, Ranchi, Jharkhand - 834002

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(3). Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi110032.

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Issue notice to the above respondents for filing their response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.

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Since the matter falls within the jurisdiction of Eastern Zonal Bench of the Tribunal, therefore, the OA is transferred to the Eastern Zonal Bench, Kolkata for appropriate further action. Let the original record of the OA be transferred to Eastern Zonal Bench, Kolkata.

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List before Eastern Zonal Bench at Kolkata on 09.08.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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July 01, 2024 Original Application No. 655/2024 SN

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News Item Titled "Vaishakh Mei Hee Sukh Gai Bihar Kee 60 Nadiya; Ret Me Huee Tabdil Nadiyan Par Bhee Ho Gaya Atikraman" Appearing in Livehindustan.Com Dated 03.05.2024 vs

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News Item Titled "Vaishakh Mei Hee Sukh Gai Bihar Kee 60 Nadiya; Ret Me Huee Tabdil Nadiyan Par Bhee Ho Gaya Atikraman" Appearing in Livehindustan.Com Dated 03.05.2024 vs

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