IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6039 of 2009 CHHAYA-SARKAR THROUGH ITS JOINT SECRETARY RAVINDRA KUMAR, ADVOCAE, PATNA HIGH COURT, S/O LATE RAM BILASH SINGH, RESIDENT OF MOHALLA-KHILCHIPUR, P.O. DHIGAGHAT, P.S. DIGHA, DISTRICT-PATNA. ----------------PETITIONER. Versus 1.THE UNION OF INDIA THROUGH CABINET SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. 2.THE CABINET SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. 3.THE SECRETARY, MINISTRY OF WATER RESOURCES DEPARTMENT, UNION OF INDIA, NEW DELHI. 4.THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, UNION OF INDIA, NEW DELHI. 5.NATIONAL GANGA RIVER BASIN AUTHORITY THROUGH ITS CHAIRPERSON, NEW DELHI. 6.THE CHAIRPERSO, NATIONAL GANGA RIVER BASIN AUTHORITY, NEW DELHI. 7.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA. 8.THE CHIEF SECRETARY, GOVRNMENT OF BIHAR, OLD SECETARIATE, PATNA. 9.THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, SICHAI BHAWAN, PATNA. 10.THE PRINCIPAL SECRETARY, DEPARTMENT OF ENVIRONMENT AND FORESTS, GOVERNMENT OF BIHAR, PATNA. 11.BIHAR STATE POLLUTION CONTROL BOARD THROUGH ITS SECRETARY, BELTRON BHAWAN, SHASTRI NAGAR, PATNA-8000023. 12.SECRETARY, BIHAR STATE POLLUTION CONTROL BOARD, BELTRON BHAWAN, SHASTRI NAGAR, PATNA-8000023. ------------ RESPONDENTS. ----------- 2 4 21-05-2010 In this Public Interest Litigation the basic grievance is, water of Ganges in the State of Bihar is being polluted and no proper steps have been taken. This Court on earlier occasion had called for response from the respondents. A return has been filed contending, inter-alia, as follows:- “That the Government of India gave the status of a National River to the river Ganga due to its geographical, historical, and socio- cultural reasons; and under section 3 of Environment (Protection) Act, 1986, constituted “National Ganga River Basin Authority” (NGRBA) vide Ministry of Environment & Forest, Government of India notification dated 20.02.2009 for ensuring effective abatement of pollution and conservation of the river; and maintaining minimum ecological flows for ensuring water quality and environmentally sustainable development. In the above said notification, there is a provision for constituting State Level River Conservation Authority for coordinating and implementing the river conservation activities at the State Level. That in the above background, the State Government took the initiative for 3 constituting the “Bihar State Ganga River Conservation Authority” and on the pursuance of the Bihar Govt, the Government of India constituted the “Bihar State Ganga River Conservation Authority” (BSGRCA) vide Ministry of Environment & Forest, Government of India notification dt. 08.02.2010 under the Chairmanship of Hon’ble Chief Minister, Bihar. An Officer Level Committee namely “State Executive Committee” has been constituted under the Chairmanship of Chief Secretary, Bihar, Principal Secretary, WRD and others as member, and Principal Secretary, Urban Development and Housing as Member Secretary. Water Resources Department will abide by the instructions and decisions of National Ganga River Basin Authority (NGRBA) and Bihar State Ganga River conservation Authority (BSGRCA). That as per item 10 of the notification issued by the Ministry of Environment & Forest, Govt. of India dt. 20.02.2009 and in exercise of the power conferred by sub. Section (3) of section 3 of the Environment (Protection) Act, 1986, the Central Govt. constituted Bihar State Ganga River Conservation Authority (BSGRCA) 4 vide Ministry of Environment & Forest, Govt. of India notification dt. 8.2.2010 for coordinating and implementing the Ganga River Conservation activities at the State level as well as taking effective measures for effective abatement of pollution. That it is submitted that Water Resources Department will implement by the instruction and decisions of National Ganga River Basin Authority (NGRBA) and Bihar State Ganga River Conservation Authority (BSGRCA).” In view of aforesaid, we are only inclined to direct that the Competent Authority of the State Government shall abide by the steps taken as indicated in the counter affidavit. If there would be any kind of failure, liberty is granted to the petitioner to approach this Court again, but the writ petition can only be filed with complete particulars. The writ petition is accordingly disposed of. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)