Institution of Public Character vs The State of Bihar and Others

Heard learned Counsel for the Petitioner and learned Counsel for the State.

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.

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.

Our attention was drawn to Section 27 of the Act which provides for restriction of entry in sanctuary. On going through the relevant provisions, we find that u/s 27(1)(d) a person passing through the sanctuary along a public highway is exempted from the restrictions of entry in sanctuary. The word ferry finds mentioned in the Bengal Ferries Act, 1885. In Section 5 of that Act which is interpretation clause, Ferry has been described to include a bridge of boats, pontoons or rafts, a swing-bridge, a flying-bridge, a temporary bridge and a landing stage. Private ferries are described as all ferries other than those declared to be public ferries or established as such, u/s 6 of the Bengal Ferries Act. Since the term ferry was not clearly defined under the Bengal Ferries Act, it fell for consideration of this Court long back in the case of Jeobaran Singh and others Vs. Ramkishun Lal . Noticing that the word was not defined, reliance was placed upon Bouvier''s Law Dictionary to highlight that "in a strict sense a ferry is a continuation of a highway from one side of the water to the other side and is for the transportation of passengers, vehicles and other property."

We have no difficulty in accepting the aforesaid definition and interpretation of the word ferry which has held the field for decade. Thus, a ferry would constitute a part of the highway across a river which is crossed by means of boats or any other kind of vessels as permitted under the Bengal Ferries Act.

In view of aforesaid statutory provision, in our view the District Magistrate, Bhagalpur should have no apprehension for settling the public ferry service in accordance with Bengal Ferries Act. Movement of ferry is permitted by Section 27 of the Act as noticed by us above.

If the ferry in question has not been settled as yet, it should be settled without any further delay, preferably, within two months from today.

The writ petition is disposed of.