The slackness of the urban development and housing department in finalising the master plan for Patna has put a question mark over many ambitious projects of the state government, including a few signature ones of chief minister Nitish Kumar.

The eastern zone of the National Green Tribunal in an order passed last Friday directed the government to stop all constructions in Patna on built-up area of more than 20,000 square metres till the master plan for the city is approved.

Apart from jeopardising ambitious projects such as the Bihar Museum, International Convention Centre, Bihar Police Bhavan and Vidhan Sabha annexe building, the order also prevents construction of high-rises with built-up area of more than 20,000 square metres in the Patna metropolitan region. This includes semi-urban and rural areas on the fringes of the city such as Bihta, where several such projects are under way.

The tribunal has also said that most members selected for the recently approved Patna metropolitan planning committee lack technical expertise for their work.

Warning that the committee cannot be used to rehabilitate political elements, the tribunal has asked the urban development and housing department to reconstitute the panel by inducting competent persons as members.

The order

During the petition hearing last Friday, the tribunal's eastern zonal bench in Calcutta, comprising Justice S.P. Wangdi as judicial member and professor P.C. Mishra as expert member, stated: "Patna master plan has not yet been approved and that approved master plan is mandatory requirement under the ministry of environment and forests notification referred to earlier in respect to constructions with built-up area of 20,000 square metres or more. Any such construction carried out in the absence of such a master plan or in pursuance of any permission granted by any authority would be illegal. We, therefore, direct that, further to our orders dated 30.07.2014 and 22.09.2014, all constructions in the city of Patna and in the areas where the city is proposed to be expanded requiring environmental clearance for project 8 (a) under Schedule I of environmental impact assessment notification, 2006, shall be stopped forthwith until the master plan is finally approved. This, of course, is with the rider that the committee constituted by notification No. 618 of urban development and housing department, dated 15.9.2016, shall be reconstituted by inducting competent persons as its members. We shall expect action to be taken on this by the state of Bihar within a period of six weeks."

Way forward

According to a notification issued by the ministry of environment and forest in 2006, all buildings constructed over an area of 20,000 square metres or above need prior environment clearance either from the ministry or the state environment impact assessment authority. Rakesh Singh, a former member of the state-level expert appraisal committee, a technical panel of the environment impact assessment authority, said the form submitted at the time of applying for environment clearance states whether the proposed project is in consistence/adherence with the city's approved master plan.

"The tribunal's contention is that when there was no master plan for the city, then on what grounds were the projects approved by the environment impact assessment authority? When such big projects are approved without the master plan, then it is likely to cause adverse impact on the land-usage pattern of the area. Thus, all such projects approved till date stand nullified and no fresh approvals would be granted unless the master plan is approved," said Rakesh.

The approval of the master plan will not be easy for the state government, as the tribunal has put a rider of reconstitution of the Patna metropolitan planning committee.

"Now, the state government is required to dissolve the existing committee, which comprises mainly ward-councillors who do not posses any technical expertise. Thereafter, technical experts, including town planners and architects, will be inducted in the committee. The master plan will then be required to be approved by the new committee, followed by a final approval from the state cabinet," said Rakesh.

The Patna metropolitan region stretches from Ganga in the north to Punpun in the south and Fatuha in the east to Bihta in the west.