Patna High Court - Orders
Arvind Kumar vs The Union Of India on 28 September, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4176 of 2022
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Arvind Kumar
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs.Archana Sinha, Advocate
For the Respondent/s : Dr. K.N. Singh (ASG)
Mr. Kumar Sachin, CGC
Mr. Amarjeet, JC. to ASG
For the State : Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, A.C. to AAG-4
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 28-09-2022On 12.05.2022, this Court had passed a detailed order, stating historical as well as recent background; the position of law, giving a glimpse of expenditure incurred; highlighting certain issues with respect to- (a) Kosi High Dam Multi-Purpose Project, 1991 agreement with His Majesty's Government of Nepal; (b) Inter-linking of Kosi-Mechi rivers;
(c) Sun-Kosi; and (d) Kamla Bagmati. The authorities were directed to file affidavit within four weeks. Relevant portion of the order are reproduced hereinbelow:-
Background And Recent Facts "6. The Kosi River is referred to as "Sorrow of Bihar"
as it brings recurring flood and devastation to the State causing massive loss and damage. 72% of the State of the geographical area remains flood affected. In the recent years, Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 2/22 Bihar has faced numerous floods or flood like situation. In 2021, for example, 3712 Panchayats in 32 Districts of the State were affected by flood. In 2013, floods spread across 3768 villages in 20 Districts and 2017, 19 Districts of North Bihar were afflicted. The Disaster Management Department, Government of Bihar has stated that between 2016 and 2020, 52.4 million people have been affected/displaced.
7. Between 2017-18 to 2021-22, the Water Resources Department, Government of Bihar used up 11% of its total expenditure on floods, caused solely by the River Kosi."
The Position in Law "12. The Kosi High Dam Multi Purpose Project is clearly an agreement between two countries and, therefore, exclusively falls within List I. However, the State's regulation of water in accordance with Entry 17 List II which includes drainage, embankment and water storage is subject to the provisions of Entry 56 List I (inter-state water), but also in this particular case Entry 10 and 14 of List I."
In Economic Terms "13. As noted hereinabove, recurring floods have caused serious damage within the State of Bihar. To put things in perspective, in strictly speaking, economic terms, below is a table of expenditure by the Water Resources Department on Flood Management Work in North Bihar over the last decade totaling to a massive amount of 12,766.30 Crores.
Years Total Expenditure
(Rupees in Cr.)
2011-12 1176.79
2012-13 994.90
2013-14 817.31
2014-15 486.39
2015-16 661.66
2016-17 920.08
2017-18 1568.71
2018-19 1834.87
2019-20 1112.88
2020-21 1239.35
2021-22 1963.36
Total 12776.30
"
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 3/22 On Interlinking and its Impact "18. On the point of interlinking of Kosi-Mechi, it is to be noted that the same is entirely within the territory of the State and therefore would, perhaps, be governed by Entry 17 List II. Primarily, the benefits sought to be achieved by interlinking is to reduce the possibility of floods and ensure the availability of water in areas of scarcity throughout the year. As noted above, the flooding of the Kosi River has caused considerably misery to the people of the State over the years, as a result of loss and damage caused by it. It has resulted in a displacement of lakhs of people as well as the migration of many from that area to other places in search of better lives.
19. Hence, the importance of inter-linking in this context cannot be understated. However, also to be noted is the fact that such process is not without its environmental costs. Interlinking of rivers has manifold effects which may be negative, on the ecology of the surrounding areas and the rivers themselves. It is pertinent that the State in its endeavour to undertake such interlinking give due consideration to mitigation of the damage caused therein. A balancing act, therefore, is to be the State's modus operandi where both concerns are more or less on equal footing."
Directions "22. Let a fresh affidavit be filed by all the respondents within a period of four weeks from today, dealing with the issues (highlighted supra), as also the ones highlighted by the writ petitioner.
23. Also, the authority shall respond to the averments made by the respondents in their affidavits so filed thus far." Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 4/22
2. On 30.06.2022 when the case was next taken up, a further affidavit was directed to be filed on all issues, particularly the interlinking of Kosi Mechi Rivers.
3. On 04.07.2022, Chief Secretary, Government of Bihar filed such affidavit. Further upon direction to ascertain to the exact status of the averments, on 29.08.2022, this Court directed an affidavit be filed which was so done on 06.09.2022 by the said respondent.
4. Cumulative reading of the affidavits filed by all the respondents (Affidavit dated 27.06.2022 on behalf of respondents nos.7 and 8 by Joint Secretary, Disaster Manager Division, Ministry of Home Affairs, Government of India; Affidavit dated 28.06.2022 on behalf of respondent no.1 by Deputy Director, Central Water Commission, Patna; Affidavit dated 29.06.2022 by respondent no.3, namely Executive Engineer, Eastern Embankment Division, Bihar; Affidavit dated 04.07.2022 by the Chief Secretary, Government of Bihar; and Affidavit dated 06.09.2022 filed by the Chief Secretary, Government of Bihar) lead only to one conclusion and that being the need and urgency of expediting the process of setting up of adequate infrastructure and taking measures in controlling the flow of water in all the rivers and tributaries passing through Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 5/22 the State of Bihar.
5. Primarily, six major points require attention. They are (a) Kosi High Dam Multi-Purpose Project, 1991 agreement with His Majesty's Government of Nepal; (b) Inter- linking of Kosi-Mechi rivers; (c) Sun-Kosi; (d) Kamla Bagmati;
(e) Pathak Committee's Report; and (f) Silt removal.
6. On a joint reading of all the affidavits, these six points are dealt individually hereinbelow:
a) Kosi High Dam Multi-Purpose Project, 1991 agreement with His Majesty's Government of Nepal The supplementary counter affidavit dated 28.06.2022 filed on behalf of respondent no.1 by Deputy Director, Central Water Commission, Patna, on Page 9 to 10 of the affidavit provides information under the head of " (F) Present Progress" as follows-
"(1) Sapta-Kosi High Dam Multipurpose Project:
(i) Completed works: Topographical surveys, construction material survey, water quality survey, Inland Navigation Studies Hydrological studies (Water availability, sedimentation & Design storm studies), Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 6/22 Seismological studies, Irrigation Studies and command area survey in Indian territory, Drilling (30%) only, communication Survey.
(ii) Ongoing Works: Irrigation studies and command area survey in Nepalese territory, Design Flood studies, Glacial Lake Outburst Flood (GLOF) studies.
(iii) Works to be taken up: Balance drilling (2927m, 23 holes) & drifting work, EIA Studies, Flood benefit studies, Power System and evacuation, studies Geo-mapping-
Chatra/Sisauli barrage, Reservoir competency & Rim stability."
7. We may also notice the reason for delay in building of Kosi High Dam and delay in preparation of Detailed Project Report as ascribed by learned ASG is international affairs. Further, he submits that the State has put forth incorrect facts with respect to funds released by the Ganga Flood Control Commission (GFCC), as averred in para 6 of notes supplied to this Court by Sri Anjani Kumar, learned Additional Advocate General-IV. The learned ASG furnishes as Annexure-1 to his notes the response of GFCC. The same is reproduced:
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 7/22 "
Sl. No. Para-6 of the note Comments by GFCC submitted by Government of Bihar in CWJC No.4176 of 2022
1. Flood mitigation, control Water being state subject, the and management typically flood management works is pursued through various including anti erosion anti erosion and flood schemes are formulated and fighting schemes implemented by concerned undertaken in the State of State Governments as per Bihar and in Nepal side their priority. The Union along the bordering areas as Government supplements the part of one of the other efforts of the State by programs supported through providing technical guidance state and central budgets. and promotional financial The central government's assistance for management of support towards flood floods in critical areas. control and mitigation Government of India measures undertaken in launched "Flood Management Bihar leaves much to be Programme (FMP)" during desired through. Against the XI Plan period for providing flood protection works central assistance to the State executed by the state Governments for taking up government between 2012- works related to river 13 and 2019-20, the Ganga management, flood control, Flood Control Commission anti erosion, drainage (GFCC), the apex national development, flood proofing level body overseeing major works, restoration of flood protection works, damaged flood management recommended a total works and anti-sea erosion amount in the tune of works which was continued Rs.54964.26 lakh. Against during XII Plan. Subsequent this requisitioned amount to XII Plan a scheme viz.
ratified by GFCC, the "Flood Management and center has so far released Border Areas Programme only Rs.19208.74 lakh (less (FMBAP)" is taken up for the than 35%). The remaining period 2017-18 to 2019-20, Rs.34588.32 lakh continues which is extended upto 2020- to remain due despite 21 & further continued. repeated follow up and FMBAP Scheme is a merger requests by the state of two ongoing Schemes of government, thus seriously this Ministry during XII Plan hampering the state's viz. Flood Management overall flood management Programme (FMP) and River efforts. Management Activities and Works related to Border Areas (RMBA).
Total 50 no. of Schemes of Bihar were included under FMP/FMBAP till 2019-20.
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 8/22 The financial details regarding these schemes are as below:
1. Total eligible Central Share was Rs.1354.4936 Crore only.
2. Central share released till date is Rs.872.3342 Crore.
3. Total Central Share remained is Rs.482.1594 Crore. This balance Central Share could not been recommended by GFCC due to following reasons:
(a) Non availability of concurrent evaluation.
(b) UC for released Central Share was not provided by Govt. of Bihar.
(c) Most of schemes are completed but completion certificates have not been furnished by State Govt.
(d) Govt. of Bihar has not incurred expenditure commensurate with the Central Share released in some of the schemes.
(e) Govt. of Bihar has not submitted request for release of balance Central Share for some of schemes so far.
(Emphasis supplied)
8. A request letter dated 11.08.2022 by the Chief Secretary, Government of Bihar has been sent to Secretary, Department of Water Resources, Ministry of Jal Shakti, Government of India for the expedited preparation of the DPR.
(Affidavit dated 06.09.2022, page-8)
9. We also notice that a similar letter was sent on 02.08.2021 (Annexure-B to counter affidavit dated 04.07.2022) by the Chief Secretary, Government of Bihar to the Secretary, Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 9/22 Department of Water Resources, Ministry of Jal Shakti, Government of India, requesting the process of preparation of DPR to be expedited. (Affidavit dated 04.07.2022, page-7)
10. The 9th meeting of Joint Committee on Water Resources is proposed to be held in the 3 rd week of September, 2022 and one of the points on its agenda is the Kosi High Dam. (Affidavit dated 06.09.2022, page-9)
(b) Inter-linking of Kosi-Mechi Rivers
11. Page 12 to 13 of the affidavit dated 28.06.2022 filed on behalf of respondent no.1, namely, Union of India, provides such information under the head of "(F) Present Progress".
"The Kosi-Mechi Link Project has been proposed is to extend the Eastern Kosi Main Canal (EKMC) originating from upstream of Kosi Barrage upto river Mechi, a tributary of river Mahananda.
(i) The Kosi-Mechi River Linking Project (KMLP) will serve following purposes:
(a) Transfer of surplus water from Kosi basin to Mahananda basin.
(b) The Kosi-Mechi link project is planned to provide immense benefits to the people of parched and backward Seemanchal region by providing irrigation to an area of 2.15 Lakh hectares in the Araria, Purnea, Kishanganj and Katihar districts of Bihar.
(c) This project will develop infrastructure in the project area and boost the socio-economic conditions of the people of North Eastern region of Bihar.
(d) During construction of the project huge Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 10/22 employment opportunities will be generated in that region. Besides, many people will get employment during operation and maintenance phase of the project.
(ii) The Kosi-Mechi Link Project (KMLP) was recommended as National Project by High Powered Steering Committee on 24.11.2020.
Keeping in view of its immense benefits to the region, the project is required to be put on fast track.
(iii) The total estimated cost of Kosi-Mechi link project, as per investment Clearance Committee, MoWR, RD&GR is Rs.4900 crore at 2015-16 price level.
(iv) Government of India has been requested to include the Kosi-Mechi link project as a National Project with funding ratio 90(C):10(S) in similar lines of Ken-Betwa link project. (Letter dated 02.07.2021) of WRD Bihar enclosed as Annexure-G)
(v) National Water Development Agency has been requested to prepare working DPR for implementation of the project."
12. In the counter affidavit dated 04.07.2022 filed by the Chief Secretary, Government of Bihar, it is submitted that a meeting was convened under the Chairmanship of the deponent on 01.07.2022 with Additional Chief Secretary to Mines and Geology Department, Secretary, Water Resources Department and Director, Mines and Geology Department wherein certain decisions with respect to issues, Kosi Mechi Interlinking and Silt Removal were taken. (Page-4)
13. It is submitted that Kosi Mechi Interlinking is to be undertaken for the following objects. (Page 9-10) Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 11/22
(i) Transfer of 2050.15 million cubic meter water from Kosi to Mahananda Basin;
(ii) Irrigation to 2.15 Lakh Hectares in Araria Purnia Kishanganj and Katihar districts of Bihar;
(iii) resultant economic development will improve socio economic condition and for the duration of construction, considerable employment will be generated in the region.
14. Environmental clearance for this linking, it is submitted, was obtained on 01.08.2019 and investment clearance of 4900 Crores on 2015-16 levels was given on 22.10.2020 by Ministry of Jal Shakti, Government of India. (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-11, 12)
15. In response to the recommendation of the High Powered Steering Committee, Government of India that it be included as a National Project, a request was sent to such Ministry for funding in the 90:10 ratio (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-11, 12) to which as the learned Additional Solicitor General has submitted vide his note dated 02.09.2022, the Central Government has proposed a 60:40 ratio which is to be considered by the State.
16. The National Water Development Authority has been requested to prepare a working detailed project report for Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 12/22 Kosi Mechi Link Project and an amount of Rs. 2.78 Crores stand sanctioned by the State Government. A memorandum of understanding has been drafted and circulated between the Water Resources Department, Government of Bihar and the National Water Development Authority and is soon to be signed. (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-15) (Affidavit dated 06.09.2022 of the Chief Secretary, Government of Bihar, Page-10 & 11).
(c) Sun-Kosi
17. Page 10 to 11 of the affidavit dated 28.06.2022 filed on behalf of respondent no.1, namely, Union of India, provides such information under the head of "(F) Present Progress".
"(2) Sun-Kosi Storage cum Diversion Scheme:
(i) Completed Works: Topographical survey, construction material survey partly, water quality survey, Hydrological studies (Water availability, sedimentation & Design storm studies), Seismological studies, Drilling for SSDS (77%), communication Survey.
(ii) Ongoing Works: Irrigation studies and command area survey in Nepalese territory, Design Flood studies, GLOF studies
(iii) Works to be taken up: Balance Drilling & drifting work at Dam & Power house complex of SSDS, EIA Studies, Coarse & Fine Aggregate survey/testing for Kuruleghat Dam."
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 13/22
(d) Kamla Bagmati
18. Page 11 to 12 of the affidavit dated 28.06.2022 filed on behalf of respondent no.1, namely, Union of India, provides such information under the head of "(F) Present Progress".
"(3) Kamla Multipurpose Project:
(i) Completed Works: Topographical surveys, Construction Material survey partly, Water quality survey, Hydrological studies, Water availability, Sedimenta on & Design storm studies, Seismological studies, Drilling for KMP (77%), Communica on Survey.
(ii) Ongoing Works: Irrigation studies and command area survey in Nepalese territory, Design Flood Studies, GLOF Studies
(iii) Works to be taken up Balance Drilling & Drifting work, EIA Studies, Reservoir competency & Rim stability."
"(4) Bagmati Multipurpose Project: No work is going on regarding PFR of Bagmati Multipurpose Project, Nepal. The Nepalese side stated in the 14 th JTE meeting that due to social and environmental issues including resettlement issues, it required detailed discussion among concerned agencies and stakeholders in Nepal. Hence the Nepalese side expressed that this matter can be further deliberated in the next JTE meeting."
(e) Pathak Committee's Report
19. In the affidavit dated 29.06.2022 filed by respondent no.3, namely Executive Engineer, Eastern Embankment Division, Bihar, it is submitted that more time is required for ascertaining the position of the report filed by the Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 14/22 Pathak Committee in 1982 as also the Kosi Sufferers Development Authority. Such prayer is for eight weeks.
(f) Silt removal
20. In the counter affidavit dated 04.07.2022 filed by the Chief Secretary, Government of Bihar, it is submitted that a meeting was convened under the Chairmanship of the deponent on 01.07.2022 with Additional Chief Secretary to Mines and Geology Department, Secretary, Water Resources Department and Director, Mines and Geology Department wherein certain decisions with respect to issues, Kosi Mechi Interlinking and Silt Removal were taken. (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-4)
21. One aspect highlighted is that of management of silt. The construction of embankment, it is submitted, has resulted in remarkable progress- road communication, railways and establishment of institutions. (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-18)
22. The Ministry of Jal Shakti vide letter dated 03.12.2021 provided draft of "National Framework for Sediment Management" and invited suggestions thereupon which were sent on 09.04.2022 by the Water Resources Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 15/22 Department, Government of Bihar. (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-19)
23. It is further submitted that continuous silt removal has become necessary to deal with encroachment in water ways. A meeting was convened on 08.02.2022 by the deponent on alternate uses of silt as also 238 locations in 26 districts was identified and sent to the Department of Mines and Geology on 15.06.2022 (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-20 & 21) (Affidavit dated 06.09.2022 of the Chief Secretary, Government of Bihar, Page-5 & 6).
24. A Physical Modeling Centre under the Water Resources Department is being set up at Birpur as a centre of excellence to study river meandering, hydraulic structures and their effect etc. consisting Mathematical Modeling Centre, Real Time Data Acquisition System, Light Detection and Ranging etc. (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-24 to 27).
25. Other activities with respect to flood management are submitted (Affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar, Page-28 to 30) :-
"i. Maintenance of 3800.41 km
embankment as per Standard Operating
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 16/22 Procedure (SOP) to provide flood protection to 39.96 Lakh Hect. Geographical area in the State.
ii. Establishment of Central Flood Control Room at Patna and Flood Control Rooms at field level which operates 24x7 from 01st June to 31st October.
iii. Urgent communication facility vides wireless/Telephone/Mobile App etc. for timely information and sharing flood related information.
iv. Establishment and functioning of Help Desk for receiving 24x7 flood related information through Toll Free No. 1800 3456 145 and "
HelloWrd" mobile App.
v. Usages of Social Media i.e. Face Book, Twitter Handle etc. for flood related information exchange with the community.
vi. Deployment of local volunteers at each km along the embankment for providing surveillance during the flood period.
vii. Recently new technique of sheet piling for protection of embankment at specific location adopted."
26. A Bihar Silt Removal Policy, 2022 is under the works and should soon be formulated completely. (Affidavit dated 06.09.2022 of the Chief Secretary, Government of Bihar, Page-7)
27. It is quite obvious to this Court that the repeated flooding taking place on River Kosi is impeding the citizens' right to life under Article 21 of the Constitution of India. It is not by unreasonable extension that this flooding obstructs the right to livelihood as also the right to work under Article 41 of the Constitution of India. [See Olga Tellis v. Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 17/22 Bombay Municipal Corporation (1985) 3 SCC 545]
28. Importantly, it is the Central Water Commission which has fully supported the State on almost all the issues. (Affidavit dated 28.06.2022 filed on behalf of respondent no.1 namely Central Water Commission)
29. What is the status of the Kosi Sufferers Development Authority? and by when the report submitted by the Pathak Committee would see the light of the day? is something remains unanswered by respondent no.3, namely, Executive Engineer, Eastern Embankment Division, Birpur, Bihar, in its affidavit dated 29.06.2022.
30. Importantly, as is evident from the affidavit dated 27.06.2022 filed on behalf the respondent nos. 7 and 8, namely Ministry of Home Affairs, through its Secretary, Government of India, New Delhi; the Secretary, Ministry of Home Affairs, Government of India, New Delhi, in the last five years, the Central Government has responded to the State request for sanction and release of funds towards central assistance which information furnished in the tabulated form reads as under:-
Letter mentioned along- Financial assistance approved with relief sought by under NDRF to Government of Government of Bihar Bihar.
Letter dated 21.09.2016 Rs.812.96 Cr. + 10 Cr. From
submitted for seeking Special Component of the
central assistance National Rural Drinking Water
amounting to Rs.4111.98 Program.
crore for floods.
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 18/22 Letter dated 11.09.2017 Rs.1711.66 Cr. + Air Bills on submitted for floods actual raised by Indian Air force during Aug-Sept, 2017 for air dropping essential seeking central assistance supplies. amounting to Rs.7636.51 crore.
Letter dated 22.08.2019 Rs.549.89 Cr. + Air Bills on
submitted for floods actual raised by Indian Air Force
during July, 2019 seeking for air dropping essential
central assistance supplies.
amounting to
Rs.2700.3038 crore.
Letter dated 18.11.2019 Rs.403.28 Cr. + Air Bills on
for floods during actual raised by Indian Air Force
September, 2019 seeking for air dropping essential
central assistance supplies.
amounting to
Rs.1599.6137 crore.
Letter dated 11.11.2020 Rs.1255.27 Cr. + Air Bills on
for floods, 2020 seeking actual raised by Indian Air Force
central assistance amount for air dropping essential
to Rs.3634.82 crore. supplies.
Letter dated 23.11.2021 Rs.1,038.96 Cr.
for floods, 2021 seeking central assistance amounting to Rs.5291.24 crore.
31. We only hope that there is social, if not financial audit of such amounts.
32. Considering the vast amounts damage that Bihar suffers almost every year because of this, we can only hope that this issue is taken up on priority and that the work begins as soon as possible, all else permitting. In the meanwhile, it is appropriate to issue the following directions-
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 19/22 Directions:
a.)The Chief Secretary, Government of Bihar is directed to file an affidavit with respect to the Joint Committee on Water Resources 'meeting proposed to be held in the 3rd week of September, 2022' once held, with special reference to the discussion purported to take place regarding Kosi Dam.
b.) The Chief Secretary, Government of Bihar to take up the matter of fund sharing proposal of Ministry of Jal Shakti, at the highest level of Government for taking a decision in either direction at the earliest, enabling a clear picture to emerge with respect to the construction of the Kosi High Dam.
c). We are of the considered view that Ministry of Jal Shakti, Government of India should reconsider its decision of cost sharing ratio to be 90:10, in the peculiar attending facts and more specifically on the basis of parity vis a vis the adjoining State of U.P. The Chief Secretary, Government of Bihar to follow up the issue at the appropriate level.
d.) The Union of India as well as Government of Bihar to provide comprehensive status update with respect to "(F)- Present Progress" for each of the four projects discussed Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 20/22 in affidavit dated 28.06.2022 filed on behalf of respondent no.1, also on additional issues highlighted by us. A timeline be furnished with respect to each one of the six points, on both the work in progress, as also that which is yet to be taken up.
e.) Kosi Dam- Two letters dated 02.08.2021 and 11.08.2022 were sent by Chief Secretary, Government of Bihar with respect to expediting preparation of DPR-Status. Update with respect to the same be provided.
f.) Interlinking- Detailed project report was to be prepared by the National Water Development Authority, where does that stand?
g.) Bagmati- Whether the resolution of social issues has been taken up by respondent no.1 with the authorities of His Majesty's Government of Nepal?
h.) Pathak Committee Report- Eight weeks' time was prayed for to ascertain the status of this report. The same is granted with the direction that all possible effort be made to conclusively ascertain its status as also whether any action was taken, at the relevant time, upon submission of this report. Chief Secretary, Government of Bihar shall ensure compliance.
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 21/22 i.) Silt- The Union of India to furnish the current status of the National Framework for Sediment Management as originally circulated.
j) What all steps stand taken with respect to 236 locations in 26 districts, identified for silt removal as per affidavit of the Chief Secretary, Government of Bihar, dated 04.07.2022 and 06.09.2022.
Also, what is the progress on ascertaining alternate use of the silt. Whether any expert opinion is solicited facilitating proper formation of an action plan.
k.) A silt removal policy was to be soon finalized as per affidavit dated 06.09.2022. Government of Bihar to furnish update on its status.
l.) Status update be furnished with respect to each of flood management activities as mentioned in affidavit dated 04.07.2022 of the Chief Secretary, Government of Bihar.
m.) A comprehensive report be furnished to this Court on rehabilitation work undertaken for those affected by flooding of Kosi River. The same be furnished with complete particulars.
Patna High Court CWJC No.4176 of 2022(10) dt.28-09-2022 22/22
33. Needful be done within four weeks.
34. List this case on 9th of November, 2022.
(Sanjay Karol, CJ) (S. Kumar, J) AFR K.C.Jha/Sujit U