Judgment Ravi S.Dhawan and R.N.Prasad JJ. 1. Today seems to be the right time to take up the cause as the present one. Bihar is already facing a massive onslaught of floods. This is a matter which deals with water logging of large areas between Nepal and Bihar. The areas, which are particularly affected, in the context of this case, are of Bairagania block of Sitamarhi district. On the south of the district is Jamua panchayat, on the north is Bairgania Bazar, on the west is East Champaran, and on the. east is Parsuani panchayat next to the Bagmati river. 2. The petition reads as if these areas become a land of sorrow every year. The Court has seen the counter affidavit. It does not refer to any dedicated commission, which may have taken this aspect to interface with Nepal and the State of Bihar, of a continuous problem which happens year by year. The issues of inundation, water logging or flooding whether beyond the Lalbhakhia embankment or the Bagmati embankment, are matters which have to be addressed. 3. The counter affidavit merely mentions that this matter is engaging the attention of the Government. It does not say since when nor does it say what will be the solution. The other counter affidavit seems to take the posture that the affected areas fall within the jurisdiction of the officials of Muzaffarpur. 4. Between the counter affidavits which were filed between 1999- 2001, this years floods are again lashing the affected people of Bihar. 5. This is not a matter which the High Court will be able to resolve. 6. Once when the Court asked the State Counsel that a public plan, which had been made, be placed before the Court, it was indicated to the Court by the State counsel that he is unable to comply with the direction of the Court. It is strange that in a matter of public planning there will be secrecy in placing such plans before the High Court. In this regard, the proceeding of 13 February 2001 need to be recalled. 7. These matters ought to engage the attention of a special commission as these are complicated matters relating to rivers prone to flooding which flow out of Nepal and affect the people of Bihar. There must be a permanent commission to resolve such issues in the totality of the circumstances faced by Bihar. 7. These matters ought to engage the attention of a special commission as these are complicated matters relating to rivers prone to flooding which flow out of Nepal and affect the people of Bihar. There must be a permanent commission to resolve such issues in the totality of the circumstances faced by Bihar. When half the State gets submerged by gushing river waters, embankments have no meaning Embankments are for limited local protection. When half the State is in spate of floods the waters of which may come from a nation in the north, it is a more serious matter of flood control with Central-State participation and the cooperation of the country in the north. 8. There should be a very high level commission to examine this matter. Perhaps, it might also need the representation of Nepal. It is not possible for the Court to spell out the modalities because this will have to be worked out within the frame work of India-Nepal-treaty. But the problem is serious. The tragedy which the Bihar faces is enormous. The plan, if made, be indicated to the Court when the matter is listed next. The Court mentions because the State refers to it. but, ideally this is a job for a high level Commission. 9. This matter will be treated as a part heard. 10. List after three weeks on 10 August, 2004.