Vishwanath Paswan & Ors. Vs State of Bihar & Ors. (Supreme Court of India)
The case concerns a challenge to the proposed construction of an embankment along the Sikrahna River in West Champaran, Bihar, for which Rs. 239 crores had been sanctioned. Even before the actual commencement of construction, the petitioners approached the High Court through a writ petition. They described themselves as agriculturists and fisherfolk residing in villages along the riverbank, with their homes and cultivable lands situated between the active river channel and the proposed embankment alignment.
Read HC Judgment in this case: Patna HC Refuses to Halt Sikrahana Embankment as Project Backed by Technical Expertise
The petitioners contended that the proposed alignment, allegedly based on an old technical report, would displace villagers and cause submergence of habitations and agricultural lands. They further alleged that the project had been undertaken without any fresh technical assessment, environmental impact assessment, social impact study, or any rehabilitation or resettlement plan.
In the writ petition, several reliefs were sought. These included issuance of a writ of mandamus to restrain the respondents from widening the boundary of the Sikrahana River and constructing a dam; a direction to demarcate land as per the old map and repair or construct a permanent flank/boundary instead of widening the river and constructing a new dam; a direction to prevent wastage of Rs. 239 crores from the public exchequer; and restraint against alleged wilful and negligent acts or misuse of public funds by district authorities.
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