Disposed

Hemant Kumar v. State of Bihar

NGT9 Jul 2025Original Application No. 149/2024

Case brief

AI extract

What is this about?

The Tribunal addressed an application concerning debris from a collapsed bridge in the Vikramshila Gangetic Dolphin Sanctuary. Relying on committee reports confirming no short-term impact on dolphins but necessitating long-term monitoring and complete debris removal, the Court directed the District Magistrate to ensure removal by 31.12.2025. The Court found the non-parties responsible for specific

What did the court decide?

Directions to the District Magistrate, Bhagalpur to ensure removal of bridge debris by 31.12.2025 and filing of compliance report by 15.01.2026.

Hemant Kumar vs State of Bihar — Environment and Pollution | NGT (2025)

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Item No.10

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.149/2024/EZ

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(Earlier O.A. No.318/2024/PB)

Hemant Kumar

Applicant(s)

Versus

State of Bihar & Ors. Respondent(s)

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Date of hearing: 09.07.2025 Date of uploading: 14.07.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Hemant Kumar (in Virtual Mode)

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For Respondent(s) : Ms. Amrita Pandey, Adv. for R-1 (in Virtual Mode),

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Mr. Surendra Kumar, Adv. for R-2,4 & 6 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-3 & 7, Mr. D. N. Ray, Sr. Adv. a/w

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Mr. Sourav Haldar, Adv. for R-5 (in Virtual Mode)

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ORDER

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Mr. Hemant Kumar, the Applicant who appears in person, is present (in Virtual Mode).

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Affidavit dated 26.06.2025 has been filed on behalf of the Respondent No.1, Bihar State Pollution Control Board, Patna ; the same is taken on record. This affidavit has been filed through e- mail instead of being e-filed as per prescribed procedure.

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Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Respondent No.1, Bihar State Pollution Control Board, shall ensure that the affidavit of Respondent No.1 is e-filed within 24 hours.

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Ms. Amrita Pandey, learned Counsel shall serve a copy of the affidavit dated 26.06.2025 upon the Applicant, Mr. Hemant Kumar,

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within 24 hours. The Applicant shall share his email id in the chatbox of Virtual Proceedings in the course of the day.

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Heard Ms. Amrita Pandey, learned Counsel for the Respondent No.1, Bihar State Pollution Control Board ; Mr. Surendra Kumar, learned Counsel appearing (in Virtual Mode) for the Respondent Nos.2, 4 & 6, State of Bihar ; Mr. Ashok Prasad, learned Counsel appearing on behalf of the Respondent Nos.3, National Mission for Clean Ganga (NMCG) and 7, Ministry of Jal Shakti, Government of India and Mr. D. N. Ray, learned Senior Counsel appearing (in Virtual Mode) on behalf of the Respondent No.5, Ministry of Environment, Forests and Climate Change (MoEF&CC).

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(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

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..................................... B. Amit Sthalekar, JM

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Dr. Arun Kumar Verma, EM

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July 09, 2025, Original Application No.149/2024/EZ (Earlier O.A. No.318/2024/PB) SKB

Item No.10

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.149/2024/EZ

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(Earlier O.A. No.318/2024/PB)

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In the matter of:

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Hemant Kumar

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Camp Office – 24, M. Strand Road, Patna – 800001

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.... Applicant(s)

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Versus

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1. Bihar State Pollution Control Board through its Member Secretary

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2. District Magistrate, Bhagalpur

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3. National Mission for Clean Ganga (NMCG), through its Secretary

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4. Department of Environment, Forest and Climate Change Government of Bihar , through its Principal Secretary

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5. Regional Office, Ministry of Environment, Forests and Climate Change, Patna

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6. Chief Wildlife Warden, Government of Bihar

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7. Ministry of Jal Shakti, Government of India, through its Secretary

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.... Respondent(s)

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Date of hearing: 09.07.2025 Date of uploading: 14.07.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Hemant Kumar (in Virtual Mode)

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For Respondent(s) : Ms. Amrita Pandey, Adv. for R-1 (in Virtual Mode),

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Mr. Surendra Kumar, Adv. for R-2,4 & 6 (in Virtual Mode), Mr. Ashok Prasad, Adv. for R-3 & 7,

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Mr. D. N. Ray, Sr. Adv. a/w

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Mr. Sourav Haldar, Adv. for R-5 (in Virtual Mode)

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ORDER

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The Original Application No.318/2024/PB was registered in the New Delhi Bench of the Tribunal exercising suo motu jurisdiction under Sections 14 and 15 of the National Green Tribunal Act, 2010, on a letter petition dated 07.09.2023 sent by one Hemant Kumar, complaining that Vikramshila Ganga Dolphin Sanctuary is the only sanctuary in India for protection of Dolphins in Bhagalpur District, Bihar, and is extend to about 60 kilometers of Ganga River from Sultanganj to Kahalgaon in District-Bhagalpur.

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It is stated that a bridge was under-construction on Ganga River at Sultanganj, Aguani Ghat, which was damaged on 04.06.2024 and reasons for damage are under investigation of different departments. However, the said damage of the bridge has endangered the aquatic life of Dolphins in the said river. It is stated that huge quantity of muck and construction debris was dumped in

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the Ganga River due to above disaster causing severe damage to lives of Dolphins in the river.

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At the time of admission, the Tribunal constituted a Fact-Finding Committee comprising of the following members:-

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(i) Bihar State Pollution Control Board,

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(ii) District Magistrate, Bhagalpur,

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(iii) Representative of National Mission for Clean Ganga (NMCG),

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(iv) Principal Secretary, Ministry of Jal Shakti, State of Bihar, Government of India, and

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(v) Regional Office, MoEF&CC, Patna,

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The Committee was directed to visit the site in question and submit its Report.

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The Respondent No.7, Deputy Director, Monitoring & Appraisal Directorate, Central Water Commission, Kolkata, has filed affidavit dated 14.10.2024 praying that it is not connected with the issues raised in the present Original Application and may be deleted from the array of Respondents.

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The Respondent No.5, Ministry of Environment, Forests and Climate Change, has filed affidavit dated 02.01.2025 stating that with regard to violations of the Construction and Demolition Waste Management Rules, 2016, the concerned local authority and the State Pollution Control Board are nodal agencies for monitoring and implementation of the Rules, 2016. Further, a reference has been made to the provisions of Section 29 of the Wild Life (Protection) Act, 1972 and it is stated that in case violation of the provisions of the Wild Life (Protection) Act, 1972, the Chief Wild Life Warden or any other officer authorized in this behalf by the State Government is empowered to file a complaint before the appropriate court.

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The Respondent No.2, District Magistrate, Bhagalpur, has filed affidavit dated 15.02.2025. Along with this affidavit, an Inspection Report of an inspection carried out on 11.12.2024 has been filed. The Inspection Report reads as under:-

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“Field Visit Report of the committee assigned by NGT for the impact assessment of change of the ecology of VGDS on dated 11.12.2024

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Background:-

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The Ganges River Dolphin population in the Vikramshila Gangetic Dolphin Sanctuary (VGDS) has shown a largely stable trend over the past 25 years, despite some fluctuations. The 25-year dolphin population estimates were based on surveys by TMBU Bhagalpur, ATREE & Wildlife Conservation Trust (WCT) researchers, and are summarized

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in a report submitted by WCT to Chief Wildlife Warden, Bihar and the DFO, Bhagalpur division in May, 2024.

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As per the above said reports, population size was recorded around 200 individuals, with noticeable peaks in 2002, 2012-2013, and 2022-2023. Declines occurred in between 2004-2006 and 2016-2020 which is likely due to human disturbances, fishing, and climatic events.

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The latest estimates by WCT in February 2024 recorded 196 ± 8 individuals. The key areas of stability of the dolphin population in VGDS are recorded in Sultanganj, TintangaBuddhuchak, Raghopur-Bahatra, and downstream of Kahalgaon. Reductions in dolphin sightings were noted near Mirzapur and Bhagalpur due to river channel changes and island formation.

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As per the WCT report, no significant decline in the overall dolphin population was recorded. In June 2023 the dolphin population estimated to be 172 ± 18 dolphins (compared to 192 ± 9 in February 2023). However, Changes were noted downstream of the part of under construction bridge collapse site, where no dolphins were sighted in an 8-9 km stretch. This may be linked to altered habitat due to rising water levels and presence of remaining debris.

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The report also suggest relatively stable population underscores the effectiveness of VGDS as a sanctuary, but periodic declines highlight vulnerabilities to human activities and environmental changes. Monitoring side-channel inlets and addressing anthropogenic threats and over fishing will be crucial for sustaining the population.

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As per the Wildlife Institute of India (WII) report, this area recorded a relatively undisturbed habitat with consistent sightings during previous surveys by the WII.

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The report also highlights prior to the collapse, activities like fishing, ferry operations, and minor local disturbances were

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the primary human influences on the river's ecosystems along with the bridge construction.

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Baseline water quality parameters were likely within a range conducive to supporting the dolphins and other aquatic species, as indicated by earlier ecological studies in the region.

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The survey conducted by Wil after the collapse of the underconstruction bridge observed dolphin sightings within 200500 meters of the collapse site during July 2024. Although their presence indicates some resilience, their behavior and movement patterns may have been affected by the debris and construction activity.

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WII report also suggests for continuous monitoring and immediate debris removal which is essential to restore the habitat and mitigate further risks to aquatic species. Local participation and policy interventions will also be crucial to balancing infrastructure development and ecological conservation.

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Further the report recommends to carry out regular monitoring by the State Wildlife Department along with subject experts to track recovery and changes in aquatic biodiversity.

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Present Field Visit:-

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It is to be noted that during last visit of the members of the committee, because of the flood situation and overcrowding due to Kanwar Yatra, the team could not able to enter the river to closely understand the impacts and to provide a factual report of the site visit to the Honorable NGT and permission was taken to extend the time of submission of joint committee report by next three months.

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As further directed by the Honorable NGT, present filed visit is planned the committee assigned by NGT to understand the impacts of part of under construction Bridge collapse on the

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dolphin population of the river Ganga (VGDS) under the Case No.318/2024 Hemant Kr Vs State of Bihar & Others.

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The Following members attended the said visit-

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1. Representative of Bhagalpur Forest Division, Bhagalpur

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2. Representative of Subdivisional office, Bhagalpur Sadar

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3. Representative of Namami Gange, Ministry of Jal Shakti,

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New Delhi.

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4. Representative of Bihar State Pollution Control Board.

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During field visit, the committee members surveyed in the 5KM upstream and 5KM downstream of part of bridge collapse site. Sighting of dolphins in the said area is tabulated below:

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S. *No.*	*Season*	*Stretch*	*Length* *(km)*	*Adult*	*Calf*	*Unknown*	*Total no* *sightings*	*Avg.* *Depth* *(m)*
1	Post Monsoon 2024 11/12/2024	Aguwani – Sultanganj bridge to 5 km upstream	5	9	2	1	12	10.0
2	Post Monsoon 2024 11/12/2024	Aguwani – Sultanganj bridge to 5 km down- stream	5	16	5	1	22	6.0

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From the above sighting record indicates that there is no short-term impact of the part of under construction bridge collapse on the dolphin population, as regular sightings are observed nearby the impacted site. However, long-term monitoring is required to assess the potential long-term ecological impacts of the Collapse. The Forest Department may be requested to strategize for this long-term monitoring/mitigation measures.”

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A perusal of the Inspection Report with regard to the Vikramshila Gangetic Dolphin Sanctuary (‘VGDS’ for short) shows a largely stable trend over the last 25 years with regard to the Ganges River Dolphin population. It is stated that the pollution was recorded as 200 with noticeable peaks in 2002, 2012-13, and 2022-2023; declines occurred in between 2004-2006 and 2016-2020 which is stated to be likely due to human disturbances, fishing and climatic

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events. It is also stated that the latest estimates by the Wildlife Conservation Trust (‘WCT’ for short) in February 2024 has recorded 196 ± 8 dolphins; the key areas of stability of the dolphin population in the Sanctuary has been recorded in Sultanganj, Tintanga-Buddhuchak, Raghopur-Bahatra, and downstream of Kahalgaon; reduction in dolphin sightings were noted near Mirzapur and Bhagalpur due to change in river channel and island formation; in June 2023 the dolphin population was estimated to be 172 ± 18 dolphins, compared to 192 ± 9 in February, 2023.

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It is stated that changes were noted downstream of the part of the under-construction bridge collapse site where no dolphins were sighted in a 8-9 km stretch which may be linked to altered habitat due to rising water levels and presence of debris remaining in the river. It is also stated that survey conducted by Wildlife Institute of India after the collapse of the under-construction bridge observed dolphin sightings within 200-500 meters of the site of the bridge collapse during July 2024 which indicates resilience among the dolphins, though their behavior and movement patterns may have been affected by the debris and construction activity.

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The Committee has noted that there is no short-term impact of the part of the under-construction bridge collapse on the dolphin population, as regular sightings are observed near the impacted site but long-term monitoring is required to assess the potential long-term ecological impacts of the collapse.

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The Bihar State Pollution Control Board has filed an Action Taken Report through its affidavit dated 26.06.2025. The Action Taken Report reads as under:-

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“Action Taken Report of BRPNNL Reg. Debris Removal of Collapsed part of Sultanganj-Aguwani Ganga Bridge

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from river Ganga w.r.t. NGT, Kolkata Bench Order dated – 17.02.2025 in O.A. No.49/2024/EZ Hemant Kumar v/s State of Bihar & Ors.

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1. Background:

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The Part of Sultanganj-Aguwani Ganga Bridge, between P9 and P13, collapsed on 4^th June 2023. Following the incident, an application (O.A. No. 318/2024) was filed by Hemarit Kumar-v/s State of Bihar and Ors. before the National Green Tribunal (NGT), Principal Bench, New Delhi.

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In response, NGT constituted a Joint Committee, comprising representatives from:

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Bihar State Pollution Control Board

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District Magistrate, Bhagalpur

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Representative of NMGC

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Principal Secretary, Ministry of Jal Shakti, State of

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Bihar, Government of India

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Regional Office, MoEF & CC, Patna

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The Joint Committee visited the site twice, on 09.08.2024 and 11.12.2024, and submitted their findings. According to their assessment, there was no short-term impact on the dolphin population in the area as regular sightings continued near the impacted site.

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Subsequently, NGT passed an order on 17.02.2025, directing the Bihar State Pollution Control Board to obtain a report from BRPNNL regarding the debris removal process.

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2. Action Taken:

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Immediate Response After Collapse:

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Upon the collapse of the bridge section, the contractor, S.P. Singla Construction Pvt. Ltd., immediately engaged an expert agency EDIFICE Engineering/DIVYA Construction to handle the debris and hanging segments removal.

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The agency prepared a Standard Operating Procedure (SOP) to minimize the ecological impact on the river Ganga. The SOP focused on safe debris

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removal while preserving the river’s ecosystem (a copy of the SOP submitted by contractor vide letter no. SPS/SGG/BR(O)/01/229 dt. 14.06.2023 is attached).

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According to the bridge drawings, the collapsed part consists of:

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Concrete debris : 12,436 Cum

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Reinforcement debris : 2,765 MT (Calculation sheet attached)

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The removal process has largely been completed, with the majority of debris extracted from the river bed. However, the removal of the pier shaft at P11 is still in progress as submitted by contractor vide letter no. SPS/SGG/BR(O)/01/288 dt. 10.03.2025.

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The remaining debris yet to be removed includes:

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Concrete : 224 Cum

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Reinforcement : 88 MT (Calculation sheet attached)

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The debris removal status and updates have been regularly shared with the District Forest Department.

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3. Way Forward:

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The removal of the pier shaft at P11, which is currently in progress, is expected to be completed by April 2025 .

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Once the water level of the Ganga reaches its Lowest Water Level (LWL), a re-inspection of the river bed will be conducted using divers as well followed by sounding in the river bed. If any debris found further, it will be removed accordingly.”

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A perusal of the Action Taken Report shows that the collapsed part of the bridge consists of:

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(a) Concrete debris : 12,436 Cum

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(b) Reinforcement debris : 2,765 MT

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It is stated that the process of removal of debris has largely been completed with the majority of debris extracted from the riverbed but removal of the pier shaft at P11 is still in progress, as indicated by the contractor through his letter dated 10.03.2025. It is also stated that the quantum of debris remaining to be removed is as under:-

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(a) Concrete : 224 Cum

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(b) Reinforcement : 88 MT

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It is stated that the removal of the pier shaft at P11 which is currently in progress is expected to be completed by April 2025. Since April 2025 has already passed, we expect the work of removal of the entire debris to have been completed from the pier shaft at P11.

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The Action Taken Report further mentions that once the water of the Ganga River reaches its Lowest Water Level (LWL), a reinspection of the riverbed will be conducted using divers, followed by sounding in the riverbed, and if any further debris is found, the same will be removed accordingly.

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Mr. Hemant Kumar, the Applicant who is present (in Virtual Mode) submitted that the debris has still not been removed and there is always a threat to the lives of the dolphins in the Ganga River due to the callousness and negligence of the State Respondents and, therefore, appropriate directions may be given in this regard.

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Ms. Amrita Pandey, learned Counsel appearing (in Virtual Mode) on behalf of the Bihar State Pollution Control Board, submitted that since it is monsoon time and the River Ganga is in flood, some further time may be granted to the Respondents to complete the process of removal of the entire debris from the site in question

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expeditiously after November, 2025. Learned Counsel also submitted that the Bihar Rajya Pul Nirman Nigam Ltd. may also be directed to remove the debris of the pier shaft at P11 expeditiously from the site in question.

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However, we find that the Bihar Rajya Pul Nirman Nigam Ltd. is not a party to the present proceedings, and in any case, we are of the view that if directions are given to the District Magistrate, Bhagalpur, to ensure compliance of the Fact-Finding Committee Report as well as the Action Taken Report, the Original Application can be effectively disposed of.

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We accordingly dispose of this Original Application with a direction to the District Magistrate, Bhagalpur, to ensure that the debris from the site in question is removed by the Bihar Rajya Pul Nirman Nigam Ltd. or by the contractor engaged by it, as the case may be positively by 31.12.2025.

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The District Magistrate, Bhagalpur, shall file Action Taken Report/Compliance Report by 15.01.2026 .

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I.As. if any, stand disposed of.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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July 09, 2025, Original Application No.149/2024/EZ (Earlier O.A. No.318/2024/PB) MN

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Hemant Kumar v. State of Bihar

Case brief

What is this about?

What did the court decide?

Hemant Kumar v. State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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