Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4003 of 2006 Petitioner :- Re: Ganga Pollution

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Court No. - 36
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'ble Ashok Bhushan.J,
Hon'ble Arun Tandon.J.
Heard Shri Rajiv Lochan Shukla, counsel on behalf of
owners of the Tanneries at Kanpur, Shri S.P.Kesarwani,
Additional Chief Standing Counsel, Shri S.G.Hasnain,
Additional Advocate General on behalf of the State, Shri
Arun Kumar Gupta, amicus curiae, Dr. H.N.Tripathi on
behalf of U.P. Pollution Control Board and Shri Ajay
Bhanot on behalf of Union of India.
Shri Rajiv Lochan Shukla, contended that large number
of tanneries are closed for years together. The tanners
are suffering great hardship. It is submitted that several
tanneries which were granted no objection to run as a
Chrome Industries are now ready to give an
undertaking for using dry process only for job works
which does not require use of water.
Dr. H.N.Tripathi, submits that the industries have been
registered and no objection has been granted to run as
a Chrome industries and no application has been
received from such tanneries to permit them to run as a
dry process industries.
We in our earlier orders had directed the State
Government to take steps for shifting of the tanneries
from Kanpur to other suitable places so as to stop the
trade effluent from entering into the river Granger.
Learned amicus curiae relying on the judgment of the
Apex Court in the case of M.C.Mehta vs. Union of India
and others reported in 1997 (2) SCC, 411, submits that on
account of pollution created by the tanneries in the
State of West Bengal, the Apex Court had directed the
shifting of the entire leather industry and for reallocating
the same to places as identified by the Government of
West Bengal on concessions provided by the State
Government.
Leaned Additional Advocate General as well as
Additional Chief Standing Counsel seek time to obtain
instructions in the matter and as to what concessions
shall be offered to those who are ready to shift their
tanneries. The State Government must disclose the
concessions and the benefit to be provided to the
tanneries which are ready to shift. We are of the view
that unless adequate concessions are not extended by
the State, there shall be no incentive for the tanneries to
shift to the alternate places. The Secretary concerned
must file an affidavit in that regard, by the next date
fixed.
So far as the running of tanneries by dry process is
concerned, the U.P. Pollution Control Board may come
up with the suggestions and mechanism as to whether
permission as prayed can be granted or not. An affidavit
in this regard may also be filed by the next date fixed.
In the affidavit filed by General Manager, Ganga
Pollution Control Unit, Kanpur dated 06.12.2010, it has
been stated in paragraph 4 that as per the test report of
1.I.T, Kanpur the contents of Chromium in the tannery
effluent received at the inlet of the CETP ranges
between 37.3 mg./1U, 156.90 mg./Itr. as against the
permissible limit of 2 mg./Itr. as provided in the No
Objection Certificate (NOC) granted by the U.P.
Pollution Control Board. The common effluent treatment
plant as well as primary treatment plant are not
functioning properly and the discharge of chromium is of
a very high level.
The Central Pollution Control Board under Section 16 of
The Water (Prevention and Control of Pollution) Act,
1974 is required to provide statistical data relating to
water pollution and the measures for its effective
prevention and control. Therefore, we direct that the
Central Pollution Control Board shall get an spot
inspection done at Kanpur for ascertaining the reasons
for discharge of Chromium, functioning of CSTP and
STP at Kanpur and for suggesting concrete solutions to
ensure that waste/dirty water does not enter in river
Ganges at Kanpur. Responsibilities of the
officers/employees for the situation noticed above be
also fixed and disclosed. A team of expert be
constituted by the Central Pollution Control Board for
the purpose. The inspection be done and report
submitted by the next date. Affidavit containing the
report be brought on record, by the next date fixed.
It has been stated in the affidavit of U.P. Jal Nigam that
discharge of 36 MLD STP Plant and 130 MLD STP
Plant are operational and treated water thereof is being
discharged in irrigation channels only.
We are of the view that even after treatment through
STP, the water is not reported to be potable. Hence, it is
desirable that the treated water be not flown to the river
Ganges rather it should be channelized by channels for
agricultural purposes and for other purposes. The State
of U.P. through its Irrigation Department and the U.P.
Jal Nigam may take all necessary effective measures
so that even the treated water of STP in not discharged
in river Ganges. Appropriate steps to be taken within
the fixed time frame in that regard be brought on record
in the form of an affidavit, by the next date fixed.
With regard to Magh Mela budget allocation, an affidavit
has been filed by the Magh Mela Officer dated
01.12.2010 which discloses the demand of money
under different heads only. Learned Additional Chief
Standing Counsel may file a better affidavit furnishing
the details of different heads for which money is to be
utilized.
List for further hearing on 04.01.2011 at 2:00 p.m.
Dated : 08.12.2010
VR/PIL (WP) 4003/06
Court No. - 36
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'ble Ashok Bhushan.J.
Hon'ble Arun Tandon,J.
Heard Shri A. K. Gupta, learned amicus curiae, Shri S.G.
Hasnain, Additional Advocate General assisted by Shri S.P.
Kesharwani, Additional Chief Standing Counsel for the Staterespondents,
Shri Ajay Bhanot, Advocate for the Union of
India and Dr. H.N.Tripathi, for the U.P. Pollution Control
Board.
Shri Ajay Bhanot, Advocate for the Union of India submitted
that in pursuance of our earlier order dated i.e. 6.12.2010
the Ministry of Urban Development could not constitute the
Committee for necessary inspection. He seeks further time to
take appropriate steps for compliance of our earlier order
dated 6.12.2010. We further grant three weeks' time to the
Union of India, Ministry of Urban Development to take all
necessary steps including constitution of expert committee
for inspection of the laying down of sever lines at Allahabad,
and for report being submitted as per our earlier direction.
Shri Ajay Bhanot, Advocate further submits that qua STP at
Fort, Allahabad, the Integrated Headquarters, Ministry of
Defence has decided to advance the project during the
current financial year itself. It has been further been stated
that work shall commence at the earliest.
Since permission has already been granted for the current
financial year. We direct that all formalities be completed by
31.3.2011 and the commissioning of the S.T.P. must start on
or before 1.4.2011.
In respect of STP at New and Old Cantt, Allahabad it has
been stated that the approval is likely to be received in near
future. Commissioning of STP's at New and Old Fort,
Allahabad is of utmost urgency since large quantity of
sewage, without treatment is being permitted to flow into the
river from the said areas. We direct that necessary formalities
with regard to STPs at New and Old Cantt must also be
completed by 31.3.2011 and all concerned may do the
needful by that date. We direct that necessary affidavit with
regard to the status of STPs must be filed by the Office of
Engineer Chief, Integrated Headquarters, Ministry of Defence
(Army) on the next date.
For the transfer of defence land at Morri Gate, it has been
stated by Shri Bhanot, Advocate that the proposal has been
forwarded to Integrated Headquarters of Ministry of Defence
(Army) on 31.10.2010 and actual transfer of land can only
take place after receipt of the orders of the Ministry of
Defence.
We in the backgrounds of the orders passed earlier and the
urgency for transfer of land at morri gate for construction of
severage pumping station direct the Ministry of Defence to
take a decision on the proposal by 31.1.20111. An affidavit
in that regard be filed by an Officer not below the rank of
Joint Secretary, Ministry of Defence within three weeks.
Shri A. K. Gupta, learned amicus curiae has filed an affidavit
enclosing a newspaper report published in Danik Jagan dated
18.12.2010. It has been reported that colour of river water at
bathing ghats at Allahabad had become black. He submits
that it is due to discharge of trade effluent by tanneries as
well as sugar and paper industries. He submits that U.P.
Pollution Control Board is not interested in monitoring the
trade discharge, and has failed in its duties, for which prompt
and strict action must be taken.
Dr. H.N.Tripathi, Advocate for U.P. Pollution Control Board
submits that the main reason for change in the colour of the
water is the dirty water received from the tributaries of river
Ganga namely Kosi, Dhela and Ram Ganga. He submits that
river Kosi comes from Kashipur area of Uttrakhand State and
merges into river Ram Ganga near Shahabad, District
Rampur. Dhela comes from Kashipur area of Uttrakhand
State and merges into Ganga upstream at Moradabad and
river Ram Ganga comes from Kalagarh area of Uttrakhand
State and enters into U.P. At Bijnore. To similar effect is the
affidavit filed on behalf of tanneries.
There is no specific statement in the affidavit that the trade
effluent of the industries including paper and sugar
industries on the banks of river Ganga in the State of U.P.
had not been discharged in the river Ganga. The affidavit
tries to oversimplify and to transfer the entire responsibility
upon the State of Uttrakhand. We do not appreciate such
affidavits.
Shri H.N. Tripathi, Advocate submits that letters have been
written to the Members Secretary Uttrakhand Pollution
Control Board dated 28.10.2010 and dated 15.12.2010
pointing out the aforesaid facts. He further submits that
Members Secretary of Central Pollution Control Board had
also been informed of the same on 20.12.2010.
We record that it is the duty of the Central Pollution Control
Board to constantly monitor the quality of the water flowing
from the aforesaid tributaries which merge in the river Gange
at different places. We direct that daily tests be carried out
and reports be submitted qua the quality of water in rivers
entering State of U.P. From State of Uttrakhand. A copy of
the report be sent daily to the Pollution Control Board,
Uttrakhand as well as Central Pollution Control Board as also
to the Registrar General of this Court for being kept on
record of this petition.
U.P. Pollution Control Board shall ensure that the trade
effluent of different industries which are situate on the banks
of river Ganga is not discharged in river Ganga. We further
direct that the Central Pollution Control Board shall continue
a Monitoring Committee comprising of Officers of the Central
Pollution Control Board and U.P. Pollution Control Board,
Uttrakhand Pollution Control Board to monitor the quality of
the water of the tributaries which merge with river Ganga.
The Chairman, Central Pollution Control Board shall
constitute the monitoring committee within two weeks from
today. The U.P. Pollution Control Board shall forward a copy
of this order to the Central Pollution Board within one week.
Shri Gupta, Advocate has further submitted that the quantity
of water which is being released from Narora has to be
increased. He submits that large quantity of water is being
diverted to Noida, Greater Noida and Delhi for domestic use
and the mainstream is being denied good quantity and
quality of water.
Shri S.P. Kesharwani in reply states that a detailed
programme for release of the water has been issued on
16.11.2010 by the Engineer in Chief. He however submits
that the programme shall be revised and a fresh programme
with the details of the quantity of water which shall be
released from Narora during the Magh Mela shall be filed
day after tomorrow. We impress upon the authorities to start
releasing more quantity of water from last week of December
2010 itself.
Put up this matter date after tomorrow at 3.30 P.M for
considering the question of the release of the water.
Order Date :- 21.12.2010
Puspendra