The court established that environmental pollution from improper waste disposal necessitates enforceable actions by authorities to comply with environmental regulations.

ORDER

1. Supplementary affidavit dated 03.04.2025 has been filed on behalf of the Respondent No.5, Urban Development and Housing Department, Government of Bihar; the same is taken on record.

2. Heard learned Counsel for the parties.

(The final order of this case shall be uploaded in the NGT Website by separate sheets of paper)

ORDER

1. This Original Application was taken up suo motu in view of a news published in vernacular Hindu newspaper ‘Hindustan’ on 26.11.2023, mentioning that pollution level is increasing in the city of Jehanabad, Bihar, due to dumping of garbage in Dardha River. The translated transcript of the article reads as under:-

“Rivers are the life giver of human civilization. But, if efforts are made to destroy the River itself, then it also becomes a cause of trouble for the people living on the banks of the River. It is often seen that the amount of pollution in cities situated on River banks is slightly higher than other cities.

Dardha River flows through within the city. Dirty water from all the drains of Jehanabad city falls directly into the River. Apart from this, chemicals and medical waste from small domestic industries are also put into it. Buddhist Kumar says that if garbage is dumped in any open place in the city, it will naturally affect the air quality. It states that no construction should take place up to a distance of 100 meters from the River banks. If we build in the wetland of the River, its natural charectore continues to deteriorate. If an attempt is made to stop the flow of the River, it will also increase pollution. Let us tell you that recently Kachha dam was constructed near the Lajo village in Dardha River of Jehanabad. After the construction of the dam, water from the drain started collecting in the River. Due to this, problems started not only for humans but also for animals and birds. Due to storage of dirty water, the risk of ground water pollution has increased further. It is also very hard to pay ritual to Lord Bhaskar and Chhath festival on the banks of River Dardha. Later, the people got relief only after the district administration removed the raw dam installed near Lojo village.

There are three layers treatment provision for sewerage water to discharge into the River.

Environmental experts say that the River is an open part. This is boon for the people. But, if the River is converted into a drain, obviously the level of pollution will be increased. Environmental expert Budhist Kumar, who is working on the cleanliness of Dardha and Phalgu Rivers says that if garbage is dumped into the River, then not only water pollution but air pollution also will be increased. He says that there is a provision to treat sewer water in three layers and drop it into the River. Suitable water can also be used for purposes other than irrigation. But, unfortunately, the Dardha River is becoming tired of carrying the burden of the population about 1,40,000 people of Jehanabad city.

Bihar State Pollution Control Board is ineffective

No efforts are being made by the State Pollution Control Board constituted for environmental protection to protect the Rivers from pollution. Namami Gange project has also been implemented. But till now no concrete steps have been taken to keep clean the Dardha River. Due to administrative laxity and lack of public awareness, many land mafias are involved in construction work on the River banks. Even, some people have built concrete right up to the River bed.”

2. At the time of admission, this Court constituted a Fact Finding Committee comprising of the following members :-

(i) Senior Scientist, Bihar State Pollution Control Board, and

(ii) District