IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9847 of 2008 ------ Munna Tiwary S/O Bhuwaneshwary Tiwary, Resident of village and P.S. Thakarahan Distt-West Champaran, Convenor, Pashchim Champaran Jan Kalyaan Sangh. …. Petitioner. Versus 1. The State of Bihar through Secretary, Water Resources Department, Patna. 2. The State Disaster Management Authority, through Chief Secretary, State of Bihar. 3. The District Magistrate cum collector, cum Chairperson, District Disaster Management Authority, West Champaran, Bettiah. 4. The Flood Control Unit-3, through executive Engineer Water Resources Department, Madhubani Camp, Padrauna, Head Quarter, Siwan. 5. The flood Control Unit-1, through Ex-Engineer Water Resources Department, Siwan. 6. The Ex-Engineer Flood Control Unit, Bagaha, West Champaran. …. Respondents. ----------- For the petitioner : Mr. Manan Kumar Mishra, Senior Advocate For the respondent : Mr. Narendra Kishore Sinha, Nos. 3 to 6 Additional Advocate General-X Mr. K.N.Jha, Junior counsel to Additional Advocate General-X ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 20th November, 2008. The petitioner by means of this writ petition which is in the nature of public interest litigation has prayed for direction to the respondents to take immediate/emergent steps for preventing cutting - 2 - of embankment at Thakraha, Dhanaha, Pipara, Piparasi and Bagaha blocks of West Champaran District and for taking permanent measures for preventing the affected areas from flood and cutting of embankment by river Gandak. 2. A counter affidavit has been filed on behalf of respondent nos. 3 and 6 wherein it is admitted that there is embankment in between 21.50 KM to 23.40 KM of P.P.E near Dhanaha. The village Piprasi is not said to be affected at all near Thakaraha due to embankment. It is stated that from the river edge, some hutments have been shifted by villagers of Bahelia and request has already been made to the people to go outside the embankment and for that purchas are being issued. 3. In the counter affidavit, it is also stated that anti erosion schemes for Dhanaha and Thakaraha have been approved and the tenders for the said works are under process. According to the respondents, anti erosion works have to be executed at lowest water level and presently because of flood, anti erosion work could not be executed. The concerned authority is said to have prepared contingent plan to save embankment at these places. It is also stated that high level technical team set up by the government of Bihar considers the preventive measures and certain plans are said to have been prepared. 4. Having considered the counter affidavit thoughtfully, we find that the State Government and its functionaries are alive to the problem and intend to take measures to protect the area from the - 3 - floods; steps for anti erosion works have already been taken. 5. We are, thus, satisfied that no further order needs to be passed by this court in the public interest litigation. It is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil