ORDER

1. Getalsad reservoir is a major source of drinking water supply to the town of Ranchi. It is said that Harmu river and its tributaries carry water into that reservoir. This writ petition is filed by the petitioner, a resident of the town of Ranchi, praying for the issue of a writ of mondamus directing the Jharkhand State Housing Board, Ranchi. The Regional Development Authority. The Ranchi Municipal Corporation and the Jharkhand State Pollution Control Board to stop the discharge of sewage and other hazardous effluents into Harmu river. The petitioner seeks a direction, especially to the Housing Board to provide an effective sewage system, especially in Harmu Housing Colony in Ranchi and for installing a sewage treatment plant for purifying effluents before they get into Harmu river and its tributaries. There is also a prayer for issue of a direction to the Housing Board and the Development Authority not to violate Section 78 of the Jharkhand State Housing Board Act, 2000 while exercising their respective statutory powers and while sanctioning or approving building plans or permitting other constructions in respect of Housing Schemes under Section 28 of the Housing Board Act. A further prayer has been made for issue of a direction to the Housing Board, the Development Authority and the Municipal Corporation to provide all the amenities contemplated by Section 28(4) of the Housing Board Act and Regulation 44 of the Housing Board Regulations, The State Pollution Control Board has been impleaded with all the allegation that the same was not doing anything to enforce the Environmental Protection Act, the Air Prevention & Control of Pollution Act, 1981, the Water (Prevention & Control of Pollution) Act, 1974 and other laws relating to protection of environment. In short, the allegation against the Pollution Control Board is that it is not performing its statutory duties, it is aiding and abetting pollution and doing nothing to prevent or control it. The petitioner submits that the writ petition has been filed in public interest.

2. The Ranchi Regional Development Authority and the Municipal Corporation In their respective counter-affidavits have adopted negative attitudes. After questioning the maintainability of the writ petition as a public interest litigation, they have gone on to assert that the entire responsibility is that of the Housing Board. Except merely denying the allegations in the writ petition regarding the letting in all sewage and other effluents into Harmu river and its tributaries neither the Development Authority, nor the Municipal Corporation has set out the steps, if any, they have taken to control pollution, especially water pollution, in the context of the present case and the steps they are taking to enforce the laws dealing with environmental protection. The counter-affidavits filed by the Ranchi Regional Development Authority and the Ranchi Municipal Corporation clearly evidence their apathy in the matter of keeping the environment clean and in the matter of ensuring implementation of the laws enacted for protection of environment. The Pollution Control Board, which is the created authority to ensure that pollution is controlled, if not prevented, has admitted that water in Harmu River and Argora Nalla near Tapoban Mandir when analyzed was found to contain pollutants very much above the normal range of water and made the water harmful for consumption. On a similar test of water from near Harmu Road Bridge, that was also found to be polluted and harmful for consumption. There is no plea save the plea that it has sent letters requesting the Housing Board and the Municipal Corporation to seek consent from the Pollution Control Board for discharge of domestic/sewage effluents in terms of Sections 25 and 26 of the Water (Prevention & Control of Pollution) Act, 1974 and to take necessary steps for construction of a sewage treatment plant and about of the follow up steps, if any taken in that behalf. It is pleaded somewhat apathetically, that in spite of several notices sent to the Housing Board and the Municipal Corporation, no steps are being taken by them so far. We must say that the counter affidavits make sorry reading. It reflects the total lack of will and the inefficiency of the Pollution Control Board for enforcing and in enforcing the Environmental Protection laws. It also shows that the powers available to it under the various enactments are not even attempted to be used by the Board so as to ensure public health and to ensure that pollution is controlled, if not prevented altogether. It is unfortunate that a body created for the purpose of enforcing Environmental Protection laws has not done anything effective to achieve the objects sought to be achieved by the mandate of the Constitution and it has become merely an agency to look on when Environmental Protection laws are flouted with impunity and occasionally even siding with the violators. It is high time that the Pollution Control Board of our State which should be committed to the cause of environment, public health and public interest, takes positive steps in this direction.

3. The case of the petitioner essentially is that the Housing Board is designing housing colonies or projects without ensuring that steps are taken for the prevention of water pollution and environmental pollution in general. The petitioner has specifically referred to Harmu Housing Colony as illustrative of the attitude and the course adopted by the Housing Board which is bringing into existence Housing Board Schemes. What is pleaded in paragraph 5 of the counter-affidavit filed by the Housing Board is that river Harmu is being polluted not from Harmu Housing Colony, but the same is being polluted by the sewage and other hazardous effluents discharged from Kishore Ganj and Hindpiri areas. Whatever be the source, the fact remains that Harmu river is being polluted. That fact is even undisputed. The plea of the petitioner that water of Harmu river and its tributaries ultimately reach a reservoir which is a major source of water supply for drinking purpose, is also not seriously disputed. Thus, the counter affidavit filed by the Housing Board supports the case of the petitioner that public interest has suffered because of Harmu river being polluted. It is pleaded by the Housing Board that it has already handed over Harmu Housing Colony to the Ranchi Municipal Corporation, the local authority, in terms of the Housing Board Act and it has requested them to provide the civic amenities and to maintain them. It is pleaded that the Ranchi Municipal Corporation was collecting taxes from the residents of Harmu Housing Colony and it is suggested that it is the duty of the Municipal Corporation to furnish all amenities including the amenity of keeping the area clean and prevent pollution of the river. It is pleaded that a drainage system is provided by the Housing Board, but it is not a sewage system. It is somewhat loftily pleaded that all the houses in the colony lad their sewerage water into soak pits in the respective compounds and no sewage water or dirty water is being let into the public drain. Thus, the Housing Board has, in fact, sought to shift responsibility and has not been able to set out anything positive about the arrangements made for the protection of the river and the environment, except stating that they have identified a plot in the Housing Colony, plot No. 744, for establishing a sewerage treatment plant. It is also stated that the district administration has forcibly occupied that plot without the consent of the Housing Board. The plant has not been established in view of paucity of funds.

4. It is thus clear, even on the pleadings, that there is a serious contamination of the water flowing into Harmu river and its tributaries and it is the duty of the authorities concerned to prevent pollution in terms of the Water (Prevention & Control of Pollution) Act, 1974 and the other protection laws.

5. Section 24 of the Water Act prohibits use of a stream or well for disposal of polluting matter. Section 25 provides restrictions on establishing any industry, operation or process, or any treatment and disposal system, or any extension or addition thereto which is likely to discharge sewage or trade effluent into a stream without the previous consent of the State Board.

5. Section 26 of the Act covers cases where effluents were being discharged even prior to the coming into force of the Act, and makes the position the same as the one obtaining after the coming into force of the Act.

6. Section 32 of the Act confers power on the State Board to take emergency measures in case of a stream or well. Section 33 gives power to the Board to make an application to courts for restraining apprehended pollution of water in streams. Under Section 33-A the Board has power to give directions notwithstanding anything contained in any other law. Chapter VII of the Act provides for penalties and the procedure to be followed. Section 44 provides penalty for contravention of Sections 25 and 26 of the Act. Section 45 contemplates enhanced penalty after a previous conviction. Section 45-A provides for penalty for contravention of certain provisions of the Act. Section 46 provides for publication of names of the offenders. Cognizance of offences under the Act is provided for by Section 49, and Section 50 of the Act gives status of public servants to the members, officers and servants of the Board. Thus, there exist clear provisions under the Act for prevention of pollution of water in a running stream or river like Harmu river or Argora Nalla. What is found is that the statutory authorities and the authorities who are expected to be concerned with public health have shown an attitude of indifference to the performance of their duties. Respondent No. 4, the Pollution Control Board, has demonstrated its total ineffectiveness in the context of the various environmental protection enactments and it has clearly failed to discharge its duties in terms of the various enactments. The residents of the colonies and the public at large have also not woken up to their responsibilities to keep the streams and the town pollution free.

7. The river in question is being polluted, is clearly admitted. In that situation, it is possible to dispose of the writ petition by directing the respondents as also the State of Jharkhand to take immediate steps under the relevant enactments to prevent effluents being let into Harmu river and its tributaries and directing the authorities to enforce the laws including the penal provisions against one and all, including the Housing Board, Regional Development Authorities and the Municipal Corporation. We think that it will be in public interest and in the interests of public health, to issue a direction of an interim nature, so that this Court can further monitor the steps that are being taken to prevent pollution in Harmu river. In that view of the matter, we do not think it proper to dispose of this writ petition finally at this stage. We think that it will be appropriate to issue directions to the respondents for taking steps to prevent contamination or pollution of Harmu river and its tributaries and direct the Housing Board and the Regional Development Authorities not to permit any construction unless adequate arrangements are being made for protection of the environment and prevention of pollution of water and air. After all, right to clean living is the fundamental right of a citizen under Article 21 of the Constitution of India.

8. We, therefore, issue the following directions by way of an interim measure in this case :--

(i) The State of Jharkhand represented by the Chief Secretary to the Government is directed to ensure that the Environmental Protection laws enacted in public interest are strictly enforced In the State with a view to protect the environment and public health.

(ii) We direct the Jharkhand State Housing Board to ensure that no Housing Colony is planned or created by it without first ensuring that adequate provisions are made for prevention of pollution in terms of the Environmental Protection Act; the Air Act and the Water Act and that where they have already brought into existence colonies, adequate and immediate steps are taken to prevent air, water and noise pollution.

(iii) We direct the Ranchi Regional Development Authority and other Regional Development Authorities in the State not to permit any construction or setting up of any industry, without first ensuring that adequate provisions are made for protection of the environment and to avert and avoid air and water pollution. The Regional Development Authorities will also ensure that the provisions of the Regional Development Authority Act and the Rules under it are fully enforced and no construction in violation of the said Act or the Rules is permitted.

(iv) We direct the Ranchi Municipal Corporation and other Municipal Corporations and Municipalities to take steps to ensure that within their respective areas of operation, all steps contemplated by the Environmental Protection Act, the Air Act and the Water Act are taken and that the duty of the Corporation under the Municipalities Act or Municipal Corporations Act are duly and properly performed so as to maintain health and prevent pollution.

(v) We direct the Jharkhand State Pollution Control Board to take rigorous steps to enforce the provisions of the Environmental Protection Act, the Air Act and the Water Act and the Noise Pollution Control Rules in whole of the State and also launch prosecutions under the various Acts against persons, authority or statutory bodies who are found to violate the various pollution control enactments or Rules. The Pollution Control Board is also directed to ensure that no industry is permitted to be established or set up within the State without ensuring that adequate pollution control measures as contemplated by the various Acts are adopted by the concerned industry.

9. Since it is necessary to monitor the working of the State and the respondents in the writ petition in the light of the directions issued above, we direct the State, the second and the fourth respondents In the writ petition to file affidavits before this Court within five months from today setting out the steps they have taken already and the steps that they have taken subsequent to this judgment for enforcing the various pollution control laws in the State of Jharkhand and within their areas of operation.

This writ petition will be posted on 26.9.2003 for further consideration in the light of the steps taken by the authorities.