Supreme Court Directs Bihar Govt To Clear Encroachments Along Banks Of Ganga In Patna Within Six Weeks

The Supreme Court on Tuesday granted the Bihar government six weeks to remove all unauthorised structures, constructions and encroachments between Nauzar Ghat and Nurpur Ghat in Patna along the banks of the Ganga, directing that its order be complied with irrespective of any interim orders passed by the High Court or district courts.

“We grant six weeks' time to the State of Bihar to ensure that each and every unauthorized structures/ construction and the encroachments are removed between Nauzar Ghat to Nurpur Ghat in Patna. We direct that a compliance report in this regard by way of an affidavit shall be filed by a competent authority by the next date of hearing. Any laxity in this regard will be viewed strictly…We are informed that various courts have passed some interim orders, restraining the authorities from proceeding further with removal of encroachments. Irrespective of any order that may be in operation, our directions shall be fully complied with”, the Court ordered.

The Court also gave all States a final opportunity to furnish information on Ganga encroachments, warning that it would summon the Chief Secretaries of defaulting States if they failed to do so.

A bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan noted that despite its earlier directions, no steps had been taken to remove encroachments between Nauzar Ghat and Nurpur Ghat.

Significantly, the Court directed that its directions must be fully complied with irrespective of any order that may be in operation, referring to interim orders passed by various courts restraining the authorities from proceeding with demolition of encroachments.

On March 12, 2026, the Court had noted that out of 213 encroachments identified between Digha Ghat and Nauzar Ghat, only 58 had been removed, while 145 continued to remain. At that stage, the State had attributed the delay to interim orders passed by the High Court and district courts. The Supreme Court had also noted submissions that there were hundreds of encroachments on the stretch between Nauzar Ghat and Nurpur Ghat.

In the latest order, the Court also expressed dissatisfaction over the delay in submission of information by States regarding encroachments along the Ganga. Additional Solicitor General Aishwarya Bhati submitted that while some States had furnished information sought by the Court, it was not to the Union's satisfaction. Further, some States had not responded at all, she said.

Granting one last opportunity, the Court directed all States to furnish the necessary information to the Union. It warned that if they failed to do so, it would be compelled to summon the Chief Secretaries of each defaulting State before the Court.

The Court also sought the information from Himachal Pradesh and Madhya Pradesh in addition to the nine States – Uttar Pradesh, Uttarakhand, West Bengal, Bihar, NCT Delhi, Haryana, Jharkhand, Rajasthan and Chhattisgarh – from which reports had already been called. In all the States, the National Mission for Clean Ganga Authority has highlighted encroachments all over the banks and periphery of Ganga river system.

The Court also dealt with two interlocutory applications alleging construction activity was going on that could affect the Yamuna river in Vrindavan, Mathura. The Court issued notice returnable on September 23, 2026 and sought a comprehensive report on the allegations.

Observing that the issue highlighted in the applications was "something very serious", the Court said that it had been informed that the construction underway could ultimately lead to shrinking of the Yamuna river channel in Vrindavan. In order to ensure that the ecological flow of water is maintained, the Court directed maintenance of status quo and restrained any further construction until the next date of hearing.

Background

The proceedings arise out of appeal against a June 30, 2020 order of the National Green Tribunal dismissing a plea alleging encroachments on the banks of the Ganga on the ground that it lacked material particulars regarding the violations and the alleged violators. While hearing the appeal, the Supreme Court expanded the scope of the proceedings to examine illegal encroachments along the Ganga, implementation of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and measures required to protect the river and its floodplains across States.

On March 12 this year, the Court found that the status report filed by the National Mission for Clean Ganga was based on information from 2024 and no longer reflected the current position. It therefore directed the Union to place on record a comprehensive report indicating the present status of encroachments in all Ganga basin States, steps taken to implement the 2016 notification, impediments in its implementation, measures proposed to ensure that riverbanks and floodplains are freed from encroachments and the status of floodplain demarcation in each State. Notice was also issued to the States through which the Ganga flows.

In Tuesday's hearing, the Court noted that the information was still incomplete, prompting it to grant a final opportunity while warning of coercive action against defaulting States.

Case Title: Ashok Kumar Sinha v. Union of India & Ors. Civil Appeal No.3367/2020

Citation : 2026 LiveLaw (SC) 711