Supreme Court Seeks Report From Union & States On Removal Of Encroachments From Ganga Banks

The Supreme Court has sought a comprehensive nationwide status report on encroachments along the banks and floodplains of the River Ganga while hearing a case concerning illegal constructions on the river's floodplains in Patna, Bihar.

A Bench of Justice JB Pardiwala and Justice KV Viswanathan directed the Union Government, the State of Bihar and other States through which the Ganga flows to place before it updated details on encroachments and the steps taken to protect the riverbanks.

The Court also issued notice to States including Uttar Pradesh, Uttarakhand, West Bengal, Jharkhand, Haryana, Delhi, Rajasthan and Chhattisgarh after being informed that encroachments have been reported along the riverbanks in these regions as well.

The matter arises from a 2020 order of the National Green Tribunal dismissing an application alleging encroachments on the banks of the Ganga near Patna. The NGT had dismissed the plea stating that the application lacked specific details regarding the alleged violations and violators.

Encroachments in Patna

During the hearing, the petitioner informed the Court that surveys conducted by authorities had identified 213 encroachments between Digha Ghat and Nauzar Ghat in Patna.

Out of these, 58 encroachments have been removed, while 145 still remain, the State authorities said that their removal has been stalled due to interim orders passed by the High Court and district courts.

The petitioner further submitted that hundreds of encroachments also exist between Nauzar Ghat and Nurpur Ghat, indicating that the problem is far more extensive.

Specific Queries Raised by Court

The Bench noted that an affidavit filed earlier by the National Mission for Clean Ganga (NMCG) had highlighted encroachments in several States. However, the Court observed that the affidavit was filed in 2024 and an updated picture is necessary.

The Court therefore directed the Union Government and States to file a fresh and comprehensive report.

The Court asked the Union Government, particularly the National Mission for Clean Ganga, to address the following issues in its report:

• What is the current status of encroachments along the banks and floodplains of the Ganga in all States through which the river flows?

• What steps have been taken to implement the notification dated October 7, 2016 relating to the protection and management of the Ganga?

• What impediments or hurdles are being faced by authorities in implementing the notification effectively?

• What future measures are proposed to ensure that the riverbanks and floodplains are made free of encroachments?

• What directions from the Supreme Court would assist authorities in giving meaningful effect to the Ganga protection framework?

• What is the status of floodplain demarcation in each of the States through which the river flows?

During the hearing, the Court's attention was drawn to the notification dated October 7, 2016 issued under the Environment (Protection) Act, 1986 by the Ministry of Water Resources, River Development and Ganga Rejuvenation. The notification lays down guiding principles for the rejuvenation, protection and management of the River Ganga, including maintaining the ecological flow of water to preserve the river's natural balance, preventing and controlling pollution in the river and its tributaries, and ensuring protection and proper management of riverbanks and floodplains to safeguard the ecological integrity of the river system.

The Court indicated that the effectiveness of these provisions must be evaluated in light of continuing encroachments.

The Court directed the Union Government and the State of Bihar to file updated reports before the next hearing and permitted the petitioner to place additional material regarding the current ground situation.

The matter has been posted for further hearing on April 23, 2026.

Case : Ashok Kumar Sinha v. Union of India

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