NEW DELHI: Taking a stern view of allegations that the Bihar government is filling parts of three historic ponds in Darbhanga to create public amenities such as recreation spaces and stalls, the Supreme Court on Tuesday warned the state govt “not to touch the water bodies under the garb of beautification” without its approval.A bench of Justices Vikram Nath and Sandeep Mehta directed the state govt to immediately stall the ongoing work related to the ‘Beautification and Rejuvenation of Gangasagar, Digghi and Harahi Lake’ project. Although the state refuted the allegations of encroachment and urged the court to allow the work to continue, describing it as an ambitious project worth more than ₹100 crore, the bench refused to budge and ordered that no further work be carried out.“You cannot fill up water bodies under the garb of beautification. Do not touch the water ponds, keep your hands off and tell your officers not to touch the ponds,” the bench told advocate Manish Kumar, who was appearing for the state government.TOI had reported on July 13, with photographs, that three ponds in Darbhanga were being filled with soil and boulders to make way for stalls and footpaths, despite strong opposition from local residents and environmentalists.
TOI report on Darbhanga ponds
Advocate Renu Prajapati, appearing for the Darbhanga-based voluntary group Talab Bachao Abhiyan (TBA), informed the bench that the three ponds form part of a list of protected wetlands and that any construction on their banks would violate rules and earlier rulings of the apex court. She also pointed out that the state, in its own affidavit, had admitted that around four acres of the ponds would be filled under the project.In its affidavit, the state claimed that no arbitrary filling of the water bodies was taking place and that the activity was highly restricted and meticulously planned “Earth Filling & Stone Pitching” work.“This process is a necessity to stabilise and strengthen the severely eroded embankments, directly executing the mandate of the NGT’s order. Furthermore, the soil-filling footprint is strictly limited — for instance, constituting exactly 1.00 acre out of the 37.73-acre Harahi site, 1.42 acres out of the 50.97 acres at Digghi Lake, and 1.69 acres out of 44.22 acres at Gangasagar Lake,” the affidavit stated.After a brief hearing, the bench directed the government to stop the work and ensure that the area of the ponds remain intact and is not reduced by filling..Justifying the project, the state said the integration of public amenities is aimed at managing footfall, ensuring public hygiene, and preventing future degradation.The court was hearing a plea filed by retired academicians, environmentalists and concerned citizens under the banner of TBA. They are seeking urgent intervention to halt the filling of three historic ponds in Darbhanga — all 800–900 years old and integral to the city’s identity.“Since the State is acting in contravention of these orders and having been left with no other remedy, the petitioner herein is constrained to approach this court seeking an urgent and immediate remedy to stop further filling of the ponds and further to remove all the encroachments in and around the three ponds of Darbhanga and restore those to their original position as depicted in the maps of the years 1868 and 1960,” the petition stated.In its response, the state submitted: “It is respectfully submitted that in order to tackle the unregulated access which historically led to the lakes becoming open garbage dumps, the project provides structured and safe public utility interfaces including the construction of 11 designated bathing ghats equipped with 5 changing rooms and 7 sanitary toilet blocks to eliminate open defecation and water contamination.”