Patna HC directs formation of Kosi Authority, Bihar govt calls it ‘game changer

The Patna high court said the Kosi Development Authority shall comprise representatives of the governments of Bihar, India and Nepal

In a landmark verdict that could have wider ramifications for a perennially flood ravaged Bihar, the Patna high court last week directed the constitution of the Kosi Development Authority with full membership and wherewithal to carry out the required task by balancing diplomacy with neighbouring Nepal on one hand and the safety, liberty and development of the people impacted by it on the other.

Bihar water resources development minister Sanjay Kumar Jha said the Kosi flood problem has lingered on for seven decades, ravaging lives, putting enormous strain on state’s exchequer and leading to untold hardships to people. (File Photo)

“A funding arrangement be worked out in ways that the people do not fall victim to the words of a rule or to a bureaucratic tussle or back and forth of authorities, any further. Once the issue of funding is worked out, the interlinking of the two rivers, Kosi and Mechi, be done in a time bound and expeditious manner, keeping in foremost view the principles of sustainable development,” said the bench of the then Chief Justice Sanjay Karol, now elevated to the Supreme Court, and justice Partha Sarthy.

“It is a welcome verdict as it gives shape to a definite solution to an over seven-decade-old problem and also throws light on possible ways of resource mobilisation. It could be a game changer for north Bihar,” said the state’s water resources development minister Sanjay Kumar Jha.

The Authority, which shall comprise representatives of the governments of Bihar, India and Nepal, and other agencies concerned will be required to work to address the vexed issue in a time-bound manner, the court sai.

“Perhaps for the first time in the country, a problem has lingered on for seven decades, ravaging lives, putting enormous strain on state’s exchequer and leading to untold hardships to people. Way back in 1950, it was felt by all that a high dam was needed at India - Nepal border to mitigate woes of people caused by ravaging floods. Lack of political will, apathy, diplomatic thaw and administrative lethargy ensured the problem remained unaddressed. But now, this high court order has given fresh hope,” Jha said.

The minister said the Patna high court order has provided a concrete framework for all stakeholders to work together to end the scourge of devastations caused by floods.

“This judgement is as historic as Supreme Court verdict in 2002 on inter-linking of rivers that provided direction and single solution to the recurring flood and drought menace. The then Prime Minister Atal Behari Vajpayee had ordered constitution of a task force to start working on interlinking of rivers. Again, the Apex Court order by a three-judge bench in 2012 brought the inter-linking of rivers on the national agenda and NWDA (National Water Development Agency) was entrusted with the task,” he added.

The minister said that Bihar chief minister Nitish Kumar, as the then railways minister, along with members of Parliament from Bihar had raised the issue with PM Vajpayee, which led to the establishment of an office at Viratnagar, Nepal, for developing a detailed project report (DPR). “Over the years, as there was no further progress, the chief minister kept raising the issue multiple times with the government, politicians and civil society groups of Nepal,” he said, adding the latest high court verdict is path-breaking as it provides a workable solution to the vexed issue within a time frame.

The court also directed that after the funding issue is resolved, steps may be taken to identify the inter-linking of Kosi and Mechi in a time-bound manner and the details of follow-up action that are required to implement the project may be identified.