Kumar Amit vs The Union Of India
2023 Latest Caselaw 2202 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3876 of 2022
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Kumar Amit S/o Krishna Prasad, Resident of 404C, Surya Digha Compound, Ashiyana Digha Road, Near Church, P.S.- Digha, District- Patna, Bihar- 800011.

... ... Petitioner/s Versus

1. The Union of India

2. The Secretary, Ministry of Jal Shakti, Department of Drinking Water and Sanitation, Rafi Marg, New Delhi-1.

3. The Secretary, Environment, Forest and Climatic Change, Indira Paryawaran Bhawan, Jore Bagh, New Delhi- 110003.

4. The Secretary, Culture and Tourism, Shashtri Bhawan, 5th Floor, New Delhi- 110001.

5. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

6. The Principal Secretary, Tourism, Government of Bihar, Patna.

7. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

8. The Principal Secretary, Forest Department, Government of Bihar, Patna.

9. The District Magistrate, Motihari, East Champaran.

10. The Superintendent of Police, East Champaran, Motihari.

11. The Sub-Divisional Officer, Motihari Sadar, East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Roona, Advocate For the Respondent/s : Mr.Yogendra Prasad Sinha ( AAG 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-05-2023

The petitioner in the instant public interest litigation, is a

practising advocate who seeks renovation, rehabilitation and

conservation of Moti Jheel located in the heart of the city of Patna High Court CWJC No.3876 of 2022 dt.09-05-2023

Motihari (East Champaran) Bihar. The writ petitioner asserts the

historical value of the lake in the heart of East Champaran wherein

the first Satyagrah movement was commenced by the Father of the

Nation. Thus, Champaran has been the starting point of India's

Independence movement which as it was, was already steeped in

history and is a perfect tourism spot which can be developed by

the State is the contention. The lake is also one of the major

sources of the water supply to the residents of the town which has

now been encroached by both Government and Non-

Governmental organizations. There is depredation of the eco-

system in and around the lake, degradation of the water quality by

reason of defecation, dumping of solid waste and waste water,

causing inlet blockage and environmental problems in and around

the lake. This causes water and air pollution, health hazards due to

dumping of bio medical waste and also rise of infections by reason

of multiplication of mosquitoes and insects as also emission of

noxious gases.

2. A Division Bench of this Court by order dated

02.12.2022 directed the Chief Secretary, Government of Bihar to

convene a meeting and by order dated 19.01.2023 highlighted four

issues, being dis-satisfied with the affidavit filed by the Chief

Secretary in compliance of the earlier order. The four issues Patna High Court CWJC No.3876 of 2022 dt.09-05-2023

highlighted by the Division Bench were:- (1) Incomplete work of

dredging and de-silting of the water body; (2) the removal of the

encroachments in and around the water body; (3) developments in

terms of infrastructure i.e. embankment and parks etc.; (4)

beautification of the complex by planting trees etc. and clearing

the primal source of the water body by removing the

encroachments on Ratnagiri channel, being the main source for

recharging the water body i.e. Moti Jheel.

3. A supplementary counter affidavit has been filed by

the District Magistrate, East Champaran. As regards the first issue

highlighted by this Court, it is stated that a report was called for

from the Bihar Urban Development Corporation which as

submitted by the Project Director, indicates a time line for

completion of dredging and de-silting work by January, 2024. The

other works of development of infrastructure, i.e. embankments

and parks etc. is also undertaken to be completed by April, 2024.

The name of the contractor for the dredging and de-silting work

has also been specified in the letter of the Project Director which is

produced as Annexure-R. As far as the second issue highlighted,

the supplementary affidavit asserts that a special drive was carried

out to remove the encroachment and one hundred fifty eight

structures were identified in and around the water body of which Patna High Court CWJC No.3876 of 2022 dt.09-05-2023

one hundred and eight structures have already been removed.

Thirty shops were allotted by the Motihari Municipal body which

was directed to be removed by orders of the High Court itself but

after re-allotment at some other places. It is also pointed out that

there are sixteen Government buildings and in four writ petitions,

there is a status quo directed to be maintained.

4. As far as the fourth issue regarding beautification is

concerned it is submitted that the Circle Officer, Banjaria by his

report no. 98 dated 02.02.2023 has reported that Encroachment

Case no.14 of 2021-22 has been instituted for removal of

encroachments in Ratanpur channel and 23 people have been

given notices in Form II, all of whom have filed appeal in the

Court of Collector, East Champaran. Appropriate procedure for

beautification of the complex by planting trees and clearing the

primal source of the water body by removing encroachment on

the Ratnagiri channel which is the main source for recharging the

water body, i.e. Moti Jheel, can be proceeded with only after the

encroachments are removed.

5. We record the undertaking made by the District

Magistrate, East Champaran and expect its due compliance. We

also direct the Chief Secretary through an authorized officer to Patna High Court CWJC No.3876 of 2022 dt.09-05-2023

monitor the completion of the project and revival of Moti Jheel as

per the undertaking of the District Magistrate.

6. We direct the Registry to forward a copy of this

judgment to the Chief Secretary, Government of Bihar and also to

the District Magistrate, East Champaran. The Chief Secretary shall

authorize an officer to suitably monitor the revival work

personally, who is also directed to file a report every three months

before the Chief Secretary.

7. We dispose of the writ petition with the above

directions and observations.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) Sunil/-

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CAV DATE
Uploading Date          15.05.2023
Transmission Date