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2025 Supreme(Online)(NGT) 1402
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Dr. Arun Kumar Verma, EM
Hemant Kumar – Appellant
Versus
State of Bihar – Respondent
Original Application No.149/2024/EZ | Earlier O.A. No.318/2024/PB
For the Applicant(s): Mr. Hemant Kumar
For the Respondent(s): Ms. Amrita Pandey, Mr. Surendra Kumar, Mr. Ashok Prasad, Mr. D. N. Ray, Mr. Sourav Haldar
The tribunal established the necessity for continuous monitoring and prompt action to mitigate ecological risks posed by construction activities in protected areas.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 and 15 - Environmental protection - Allegation of ecological threat to Vikramshila Ganga Dolphin Sanctuary due to the under-construction bridge collapse. The Tribunal noted that while the dolphin population remains stable, significant risks persist due to construction debris and human activity which requires long-term monitoring. (Paras 1, 2, 6, 9, 19)
(B) The Fact-Finding Committee formed to assess ecological impact reported regular dolphin sightings near the affected site, but long-term impacts remain uncertain. The report emphasized the necessity for debris removal and continuous monitoring to protect aquatic life. (Paras 4-8, 10-12)
(C) The court directed the District Magistrate, Bhagalpur, to ensure the clearance of debris and submit compliance reports. (Paras 18, 19)
Facts of the case:
The applicant filed a petition regarding environmental harm caused to the Vikramshila Ganga Dolphin Sanctuary following the collapse of a bridge construct in 2023, threatening dolphin life due to debris and muck piled into the river.
Findings of Court:
No immediate ecological damage to dolphin populations was observed; however, continuous monitoring and timely removal of debris are crucial for restoration efforts.
Issues: The main issues revolved around the ecological impact of debris and compliance measures for the debris removal process.
Ratio Decidendi: The Tribunal underscored the importance of the Fact-Finding Committee's findings while ordering compliance for environmental protection and reiterating ongoing oversight.
Result: The Original Application was disposed of with directives for debris removal and future compliance reporting.
| Table of Content |
|---|
| 1. complaint regarding ecological threat to dolphins. (Para 1 , 2) |
| 2. formation of committee to assess ecological impact. (Para 3 , 4 , 5) |
| 3. stable dolphin population amidst risks from human activities. (Para 6 , 7 , 8) |
| 4. call for periodic monitoring and timely debris removal. (Para 9 , 10 , 12) |
| 5. court directed compliance for environmental protection. (Para 18 , 19) |
ORDER
1. Mr. Hemant Kumar, the Applicant who appears in person, is present (in Virtual Mode).
2. 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.
3. 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.
4. Ms. Amrita Pandey, learned Counsel shall serve a copy of the affidavit dated 26.06.2025 upon the Applicant, Mr. Hemant Kumar, within 24 hours. The Applicant shall share his email id in the chatbox of Virtual Proceedings in the course of the day.
5. 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).
(Final order of the said case will be uploaded in NGT website by separate sheets of paper)
ORDER
1. 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.
2. 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 the Ganga River due to above disaster causing severe damage to lives of Dolphins in the river.
3. At the time of admission, the Tribunal constituted a Fact-Finding Committee comprising of the following members:-
(i) Bihar State Pollution Control Board,
(ii) District Magistrate, Bhagalpur,
(iii) Representative of National Mission for Clean Ganga (NMCG),
(iv) Principal Secretary, Ministry of Jal Shakti, State of Bihar, Government of India, and
(v) Regional Office, MoEF&CC, Patna,
The Committee was directed to visit the site in question and submit its Report.
4. 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.
5. 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
