SC records Bihar's undertaking to halt soil filling in Darbhanga ponds
DARBHANGA, July 29 -- The Supreme Court on Tuesday recorded an oral undertaking from the Bihar government that no further soil would be dumped in three interconnected ponds- Harahi, Dighi and Gangasagar- in Darbhanga after expressing concern over submissions that portions of the water bodies were being filled as part of an ongoing beautification project.
The matter came up before a Bench of Justice Vikram Nath and Justice Sandeep Mehta in Writ Petition (Civil) No. 362 of 2026, filed by citizens' group Talab Bachao Abhiyan (TBA), which has challenged the legality of the rejuvenation and beautification works being executed by the Bihar Urban Infrastructure Development Corporation (BUIDCo).
According to TBA counsel Kamlesh Kumar Mishra, advocate Renu appeared for the petitioner, while the Bihar government raised a preliminary objection, arguing that the writ petition was not maintainable before the Supreme Court and should be dismissed. The petitioner, however, contended that the works involved alleged violations of environmental laws and judicial directions protecting wetlands and water bodies.
Mishra said BUIDCo's affidavit before the court acknowledged that nearly four acres within the ponds were proposed to be filled with soil. He argued that such filling was impermissible and pointed out that BUIDCo was only the executing agency. The petitioner urged the court to direct the Bihar government and the Darbhanga district magistrate to file affidavits indicating the original and existing area of the three ponds, the extent of encroachments and the action taken to remove them.
During the hearing, the Bench questioned how portions of ponds could be filled with soil and asked the state's counsel to undertake that all soil-filling activities would cease immediately. According to Mishra, the state's counsel initially expressed reluctance to furnish such an assurance. The Bench then observed that it could stay the entire project if the state was unwilling to undertake that no further soil would be dumped in the water bodies. Following the court's observations, the Bihar government gave an oral undertaking that no additional soil would be filled in the ponds, Mishra said.
He added that the court also permitted the petitioner to mention the matter urgently if soil filling continued despite the undertaking and asked it to keep watch over the sites.
Calling the development significant, TBA convenor Narayan Jee Choudhary said the proceedings sent a clear message that ponds and water bodies could not be encroached upon or filled under the guise of beautification.
"The Supreme Court has sent a clear message that ponds and water bodies cannot be encroached upon or filled under the guise of beautification. The state government and its officials have been told not to undertake any activity that reduces the area of these water bodies," remarked a legal expert.
The petition alleges that the works undertaken by BUIDCo violate the Wetlands (Conservation and Management) Rules, 2017, earlier judicial directions governing the protection of wetlands and water bodies, and orders passed by the National Green Tribunal (NGT). It contends that soil filling and construction of permanent public infrastructure within Harahi, Dighi and Gangasagar-three interconnected ponds in the heart of Darbhanga stretching about 1.8 km from north to south-could alter the ecological character of the wetland system. The petitioner has sought a halt to the disputed works, removal of alleged encroachments and restoration of the ponds to their original boundaries.
The litigation stems from earlier proceedings before the NGT, which had issued directions relating to the protection of the ponds, including restrictions on construction activities and maintenance of buffer zones around the water bodies. Environmentalists maintain that Harahi, Dighi and Gangasagar function as an interconnected wetland system that plays a vital role in groundwater recharge, flood moderation and biodiversity conservation, and argue that any alteration requires approval under the Wetlands Rules.
The state Urban Development and Housing Department has entrusted BUIDCo with the comprehensive rejuvenation and beautification of the three ponds at an estimated cost of Rs.70.34 crore. According to the project's detailed plan, the works include parks with children's play areas and open gyms, parking facilities, public toilets, changing rooms, boating jetties, oxidation and aeration plants, high-mast lighting and solar-powered streetlights.
State officials have maintained that the project is an approved rejuvenation and beautification initiative and that its environmental impact has been taken into account....
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