The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the health of rivers in Bihar.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 26.02.2024.
As per the news item, almost all major rivers passing through Bihar are unsafe even for bathing and this disclosure is on the basis of the annual survey report on health of reservoirs tabled by the Bihar State Pollution Control Board (BSPCB).
The news item also contains a photograph showing the extent of pollution in one of the rivers.
As per the report, the sample check at 98 points of several rivers including Ganga, Sone, Kosi, Bagmati, etc. in 27 districts excessive presence of Faecal Coliform Bacteria (FCB) in water.
The water sample of the Sirasia river at Raxaul yielded a presence of around 2,40,000 Most Probable Number (MPN)/100ml. It also takes note of the norms stipulated by the World Health Organization that the river water with more than 1000 MPN/100ml faecal coliform bacteria should not be used even for irrigation of crops, as uncooked agricultural produce can make people vulnerable to various kinds of diseases.
As per the opinion of one of the medical experts recorded in the news item, swimming in water with high level of faecal coliform bacteria increases the chances of developing illness like fever, nausea, stomach cramps, etc. and such water may also lead to typhoid, hepatitis, gastroenteritis and ear infection.
The news item further discloses that according to BSPCB report based on the sample survey conducted until last December, samples of Ganga water carried 92,000 MPN/100ml faecal coliform bacteria across its stretch from Buxar to Bhagalpur, barring Lakhisarai, where the FCB count was recorded at 28,000. Similar was the condition of Sone River.
The water samples of other rivers like Burhi Gandak, Punpun, Kosi, Kamla, Bagmati, Ghaghra, Daha, Mahanand, Sikaharna, Ram Rekha, Harbora, Lakhandei, Parmar and Harha were found to be heavily contaminated by FCB.
The news item raises substantial issue relating to compliance of environmental norms.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Bihar State Pollution Control Board through its Member Secretary.
(3). National Mission for Clean Ganga through its Director General.
The report on behalf of SPCB, on advance notice, has been filed which also discloses the presence of high faecal coliform in the samples taken from the rivers.
The response from NMCG, on the basis of advance notice, has also been placed on record which only states that the NMCG has sought a report from the concerned agencies such as CPCB and others by sending the communication.
The Court directed the Respondents No. 2 and 3, who are present through the Counsel on the basis of the advance notice, to file the comprehensive report including the plan to control the pollution in the rivers flowing in the State of Bihar and listed the matter on 12.08.2024.