PIL Filed For The Renovation, Rehabilitation And Conservation Of Moti Jheel Situated In Motihari, Bihar

The Patna High Court disposed of a Public Interest Litigation filed by a practicing advocate seeking a direction for the renovation, rehabilitation and conservation of Moti Jheel in the city of Motihari, Bihar.

BRIEF FACTS OF THE CASE

One practicing advocate filed the PIL before the division bench of Patna High Court. Through the PIL he has raised the concern over the conservation of Moti Jheel in the district of Motihari, Bihar. Petitioner while emphasizing the historical value of the lake also highlighted its importance from the tourism perspective. He stated that the concerned lake is the source of water for the residents of town but now the conservation of the lake is being threatened due to the increasing encroachment of Government and Non-Government organizations. Further he has drawn attention of the Hon’ble Court over deteriorating ecosystem of the lake due to the dumping of solid waste, waste water and bio-medical waste which causes air, water pollution and health hazards.

After reviewing the affidavit filed by the Chief Secretary of Bihar Government in compliance of the order issued, the Hon’ble Court showed its dissatisfaction & highlighted following four issues in its subsequent order,

“(1) Incomplete work of dredging and de-silting of the water body;

(2) the removal of the encroachments in and around the water body;

(3) developments in terms of infrastructure i.e. embankment and parks etc.;

(4) beautification of the complex by planting trees etc. and clearing the primal source of the water body by removing the encroachments on Ratnagiri channel, being the main source for recharging the water body i.e. Moti Jheel.”

District Magistrate, in his supplementary counter affidavit submitted to the court provided following insights on completion & efforts being made for rectification of above issues:

1. That the time line for completion of dredging and de-silting work is by January, 2024.

2. The time line for the completion of infrastructural work of development, i.e. embankments and parks etc. are by April, 2024.

3. For removing the encroachment he has stated in his supplementary counter affidavit that special drive has been carried out and also structures which are to be removed are marked. The shops allotted by the Municipal body which are present in the vicinity of the lake are directed to be removed by the order of the Hon’ble Court.

4. The fourth issue regarding beautification it was submitted in the counter affidavit that the Circle Officer, Banjaria by the report dated 02.02.2023 informed that the case has been instituted for removal of encroachments in Ratanpur channel. Further he mentioned that the required actions for the beautification such as planting of trees, clearing of water source from the encroachment are being done.

The bench of Hon’ble Chief Justice K. Vinod Chandaran and Hon’ble Justice Madhuresh Prasad after recording the undertaking filed by District Magistrate directed the Chief Secretary that through the authorized officer monitor the completion of project and revival of Moti Jheel as per the undertaking given by District Magistrate. Further while disposing of the writ petition the Hon’ble Court held that,

“We direct the Registry to forward a copy of this judgment to the Chief Secretary, Government of Bihar and also to the District Magistrate, East Champaran. The Chief Secretary shall authorize an officer to suitably monitor the revival work personally, who is also directed to file a report every three months before the Chief Secretary.”

CASE TITLE :- Kumar Amit vs Union of India and others.

CRIMINAL APPEAL NO:- 3876 OF 2022

ORDER DATE:- 9.05. 2023