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Court No. - 2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4003 of 2006

Petitioner :- Re: Ganga Pollution
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Vijay Chandra Srivastava,A.K. Gupta,A.K. Srivastava,Anil
Tiwari,Arun Kumar,Arvind Agarwal,Baij Nath Yadav,Baleshwar Chaturvedi,D.B.
Mishra,D.S. Mishra,Jagdish Tewari,K.C. Pandey,P.N. Mishra,S.K.
Srivastava,Shailesh Singh,Sharad Kr. Srivastava,Sunita Sharma,V.B. Singh,V.C.
Mishra,Vivek Mishra
Respondent Counsel :- C.S.C.,A.K. Mishra,Ajay Bhanot,Anjani Kumar
Mishra,C.L.Pandey,Chandan Sharma,Dr. H.N.Tripathi,H.N. Singh,Hem Pratap
Singh,Iqbal Ahmad,M.C. Chaturvedi,N. Misra,P.S. Baghel,R.B. Shukla,Rajiv
Lochan Shukla,S.A. Lari,S.M.A. Kazmi,S.P. Kesharwani,S.P.
Singh,T.M.Khan,Vivek Birla,Vivek Verma,W.A. Hashmi

Hon.Ashok Bhushan, J.

Hon.Arun Tandon,J.

Repeatedly the Additional Advocate General on the instructions of the officers, has been informing the Court that because of acute shortage of water at Narora Barrage adequate quantity of water is not being released so as to ensure that the river down stream till Allahabad has reasonable quantity and quality of water. The Court is sorry to note that the state respondents have deliberately not disclosed that the main stream of river Ganges enters into the State of Uttar Pradesh in the district of Bijnore; the water is diverted by canals even before it reaches Narora Barrage. The result is that the main stream at Allahabad has been rendered a mere 'Nala'. We have been informed that the water level at the canals is near the danger mark. We feel that a serious issue has arisen as to upto what extent the State can draw water from the main and normal stream of river Ganges to feed the canals. The issues are:

(a) Can the State draw unlimited quantity of water from a river even to the extent of rendering its main stream a dry zone?

(b) Can the State because of drawl of water from upper portion of river Ganges render its quantity or quality of water completely unfit for human use even for bathing purposes?

(c) Can the natural resources like river Ganges be permitted to be completely destroyed by drawing unlimited quantity of water for irrigation purposes?

Let a personal affidavit by the Chief Secretary of the State be filed explaining the stand of the State on the said three legal issues. He will also indicate as to how the level of the water is recorded in various districts after examining the Irrigation Manual of the State of U.P. and what is the minimum 2 quantity of water required to maintain the main stream of river Ganges downstream.

The Chief Secretary shall also file a plan depicting the main stream of the river Ganges as it flows through the State of Uttar Pradesh, the number of canals constructed thereon and the total quantity of water drawn from the main stream for various canals.

In the matter of shifting of tanneries, the Additional Advocate General submitted that State has now changed its plan and wants to permit reopening of the tanneries at Kanpur. He stated that the STP of 36 MLD, which has been established, would be exclusively earmarked for the treatment of the discharge from the tanneries. The stand so taken is contrary to what was stated in earlier affidavits of the State.

At present the total discharge of dirty water in Kanpur is 409 MLD and the treating capacity of STPs at Kanpur is only 106 MLD, yet the State wants to suggest that STP of 36 MLD shall be exclusively used for the purposes of treatment of discharge from tanneries meaning thereby Kanpur Nagar will continue to discharge 303 MLD untreated sewage water in the river Ganges.

As early as on 23rd January, 2006 a Division Bench of this Court passed following order:-

"We, therefore, direct the Chief Secretary of the State of Uttar Pradesh to file a detailed counter affidavit disclosing the steps taken and also the proposed steps to be taken by the State Government for permanent solution. The Member Secretary of the U.P. State Pollution Control Board shall also file an affidavit on behalf of respondent no.5 giving details regarding steps taken by the U.P. State Pollution Control Board for prevention and control of pollution in holy river Ganga."

We cannot approve of the scheme as suggested for opening of the tanneries by the State Government. The Chief Secretary of the State of U.P. must ensure immediate shifting of the tanneries and the STP at Kanpur shall be utilised for treatment of the sewage water as is being done till date.

The Chief Secretary must also visit the city of Allahabad himself for overseeing the laying of the sewer lines as well as the state of the roads, which have been dug for laying down the sewer to be connected with the new STP to be established. The Court has been informed today by the Additional Advocate General that the work of repairing of the roads after sewer pipeline is laid by the 3 contractor is to be done by the Nagar Nigam and the Public Works Department. Learned counsel for the Nagar Nigam submits that the roads cannot be repaired as rainy season is forthcoming and the repairing shall be done only after the rains when dug out mud settles down.

The contention so raised does not appeal to us. The roads for laying down the sewage pipeline have been dug in the City of Allahabad for last more than four months and the authorities are waiting for the rainy season to be over before repairing the road, only to avoid the manual filling of the dug portion of the road. The Court has also been informed that the earth which was dug out for laying the pipes has been removed by the contractor.

The Chief Secretary shall examine as to under which authority the earth has been removed by the contractor, with reference to the contract entered, for the purpose he shall indicate as to who is responsible for the state of affairs and as to what appropriate action is to be taken in this regard.

The Defence Department has been offered State land i.e., Plot Nos.614 and 615, total area 1055.60 square metres situate at Mehdauri, Allahabad, which is adjoining cantonment area in lieu of land provided at Mori Gate. Let the competent Military authority examine the offer and if the land is acceptable they may give their consent in writing. The competent Military authority shall, however, hand over the possession of the land at Mori Gate for establishment of the pumping station immediately as we have been assured on behalf of the State that it shall provide equivalent land, as asked for by the defence authority, adjoining any existing cantonment area. The competent Military authority may file an affidavit in respect of suitability of the land now offered by the next date.

The competent defence authority shall also file an affidavit stating as to when the STP at Fort New Cantt. and Old Cantt. shall be established and made operational, separate dates for the purpose may be indicated.

The Court has been informed that I.I.T., Kanpur has established its own STP and the discharge of used water is up to the standard prescribed. Further notices have been issued by the U.P. Pollution Control Board to the H.R.I., Allahabad, B.H.U., Varanasi, Allahabad University, Allahabad and other such institutions. In case no reply is received, appropriate action in accordance with the provisions of the Pollution Act shall be taken.

The U.P. Pollution Control Board shall file an affidavit disclosing the test report of the water as available in river Ganges at Allahabad on date.

Impleadment application filed today is allowed. Let M/s VIRCL 4 Infrastructure & Project Limited be impleaded as respondent No.18. Learned Standing Counsel may inform the newly impleaded respondent about the proceedings pending before this Court. A copy of the application filed today may also be forwarded to the newly impleaded respondent so that the said respondent may file its affidavit disclosing the progress report of sewer work and establishment of STP.

This Court by its order dated 26.3.2010 had permitted the three tanneries; M/s Renates Eastern Export Jajmau, Kanpur, M/s Imperial Leather Finishers Pvt. Ltd. Jajmau, Kanpur and M/s Salik Leather Finishers Jajmau, Kanpur to operate for a period of four weeks so as to unable the U.P .Pollution Control Board to monitor their functioning by drawing samples of the discharge. In the affidavit filed on behalf of U.P. Pollution Control Board, it has been submitted that samples of the effluent were drawn. The discharge from M/s Renates Eastern Export Jajmau, Kanpur and M/s Salik Leather Finishers Jajmau, Kanpur satisfies the norms. In view of the aforesaid stand taken by the U.P. Pollution Control Board, it may permit the running of the aforesaid tanneries subject to regular inspection and monitoring of the discharge. In respect of the third tannery M/s Imperial Leather Finishers, the Pollution Board may submit a fresh report by the next date.

Apart from the above, it has been stated in paragraph 20 of the affidavit of the U.P. Pollution Control Board that 12 tanneries submitted applications that they have removed their shortcomings and may be inspected. Out of the 12, five have removed their short comings as per the inspection report of the U.P. Pollution Control Board. These five tanneries are M/s Tanners Company, 91A, Wazidpur, Jajmau, Kanpur, M/s New Era International, 60C, Gajjupurwa, Jajmau, Kanpur, M/s Roshan Leather Industry, 10, Gajjupurwa, Jajmau, Kanpur, Ms.Sartaj Tanners, Wazidpur, Jajmau, Kanpur, and M/s Leather Tan ( Faiyaz Tanners), D.T.S.Road,Jajmau, Kanpur. The aforesaid five tanneries may be permitted by the Pollution Control Board to become operational subject to continuous monitoring and inspection by the Pollution Control Board and subject to the necessary report being filed by the next date.

M/s. Upper India Tannery Pvt. Ltd, have submitted an application that they will not adopt wet process and will operate the dry process only, let the Tannery file a proper affidavit and undertaking before the U.P. Pollution Control Board who may take appropriate action thereon.

U.P. Pollution Control Board may further inspect M/s Crown tanneries and submit a report by the next date. We however make it clear that the permission to be granted to U.P. Pollution Control Board is only conditional subject to review 5 and monitoring from time to time and if any deficiency/shortcoming is found, it shall be open to the U.P. Pollution Control Board to close the tannery immediately.

We also direct the respondent State authority to file an affidavit disclosing various steps taken in pursuance of our directions issued from time to time in this Public Interest Litigation and what are the proposed steps in that regard.

After having heard learned counsel for the parties and perusing the record, we have an impression that various departments of the State Government have not been coordinating amongst themselves resulting in slow progress in the matter and execution of projects. The Chief Secretary of the State has to intervene and take the command.

We hope and trust that the Chief Secretary of the State shall monitor the progress and compliance of the orders passed earlier in the matter. The pollution in the river Ganges is increasing alarmingly day by day, which effects the life of the common man of the State at large. The magnitude of the pollution in the river Ganges and its effect are not only being felt by the people of the State and country alone but by the international community as a whole. We may refer to an article in the magazine 'Time' ( July, 2010), where it has been stated as follows:-

" From the Himalayas to the plains, rampant growth is turning the Ganges into a toxic sewer. It is not too late to put things right."

We are of the view that serious efforts by the State Government can still restore the river Ganges to its earlier glory. We have been told that in other countries also rivers had been facing same problems. Their Governments have taken appropriate steps and the pollutants have been removed. Reference be had to the case of river Thames in U.K. It is for the Chief Secretary to assist the Court by his presence in the matter by effective and valuable suggestions and contributions towards the pious project which is to be implemented for cleaning the Ganges.

Let affidavits be filed within three weeks.

List on 13th August, 2010, on which date we request the Advocate General and the Chief Secretary of the State of U.P. to appear and assist the Court in the matter.

Let a copy of this order be supplied to the learned Standing counsel by the office.

13/7/2010 sm/Rakesh