INSTITUTION OF PUBLIC CHARACTER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) This writ petition has been filed by way of Public Interest Litigation for directing the Respondent authorities, particularly, the District Magistrate, Bhagalpur, Respondent No. 3 to settle public ferry service on Tintanga Ghat within the district of Bhagalpur so that passengers requiring the ferry to cross the river Ganga do not face inconvenience.

(3.) There is no dispute that that the ferry in question is a public ferry under the provisions of Bengal Ferries Act, 1885. From Annexure-2 which is a letter bearing No. 259 issued by the District Magistrate, Bhagalpur addressed to Principal Secretary, Revenue and Land Reforms Department, Bihar, it transpires that the District Magistrate was having an apprehension that if public ferry is allowed to operate across the river Ganga at specified points, it may violate provisions of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act) because the area between Kahalgaon to Sultanganj is included in the Bikramshila Gangatic Dolphin Sanctuary which covers about 50 kilometer of distance. In a declared sanctuary entry is regulated under the provisions of the Act and, therefore, the District Magistrate sought a clarification whether running of the ferry would be against the provisions of the Act or not.