1988 (1) TMI 362 - SC - Indian Laws

Summary

Issues Involved:
1. Pollution of the river Ganga by municipal bodies and industries.
2. Obligatory duties of the Kanpur Nagar Mahapalika under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.
3. Provisions under the Uttar Pradesh Water Supply and Sewerage Act, 1975.
4. Provisions under the Water (Prevention and Control of Pollution) Act, 1974.
5. Provisions under the Environment (Protection) Act, 1986.
6. Measures taken by various authorities to prevent pollution.
7. Role of judicial intervention in ensuring compliance with statutory duties.
8. Public Interest Litigation (PIL) and the right to a clean environment.
9. Specific directives to Kanpur Nagar Mahapalika and other authorities.
10. Educational and public awareness measures for environmental protection.

Detailed Analysis:

1. Pollution of the River Ganga by Municipal Bodies and Industries:
The judgment addresses the severe pollution of the river Ganga, particularly at Kanpur, caused by untreated sewage and industrial effluents. It highlights that 274.50 million liters of sewage water are discharged daily into the river from Kanpur, making it one of the most polluted stretches of the Ganga.

2. Obligatory Duties of the Kanpur Nagar Mahapalika:
Under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, the Mahapalika has specific duties, including the collection and removal of sewage, management of waterworks, and prevention of water pollution. Sections 251, 388, 396, 397, 398, 405, and 407 outline these responsibilities, emphasizing the need for proper sewage treatment and disposal.

3. Provisions under the Uttar Pradesh Water Supply and Sewerage Act, 1975:
This Act imposes statutory duties on authorities regarding water supply and sewerage systems. The judgment notes the failure of local bodies to maintain cleanliness and prevent environmental pollution as mandated by this Act.

4. Provisions under the Water (Prevention and Control of Pollution) Act, 1974:
The Water Act establishes Central and State Boards for the prevention and control of water pollution. It defines key terms such as "pollution," "sewage effluent," and "trade effluent" and outlines the functions of these Boards. The State Board in Uttar Pradesh is responsible for planning and implementing pollution control measures, inspecting sewage treatment plants, and enforcing standards.

5. Provisions under the Environment (Protection) Act, 1986:
Section 17 of this Act holds the head of any government department liable for offences committed by the department. The judgment stresses the lack of adequate action despite the existence of such provisions, resulting in continued pollution.

6. Measures Taken by Various Authorities:
The judgment reviews the efforts made by various authorities, including the U.P. Jal Nigam, U.P. Water Pollution Control Board, and Kanpur Nagar Mahapalika, under the Ganga Action Plan. It notes the slow progress and the need for urgent completion of sewage treatment and nala tapping projects.

7. Role of Judicial Intervention:
The court emphasizes the importance of judicial intervention in enforcing statutory duties and ensuring compliance. It highlights the use of Public Interest Litigation (PIL) as a tool to address widespread public nuisances like water pollution.

8. Public Interest Litigation (PIL) and the Right to a Clean Environment:
The judgment acknowledges the petitioner's right to file a PIL to protect public health and the environment. It recognizes the pollution of the Ganga as a public nuisance affecting the entire community, justifying judicial intervention.

9. Specific Directives to Kanpur Nagar Mahapalika and Other Authorities:
The court issues several directives, including:
- Submission of sewage treatment proposals within six months.
- Actions to prevent pollution from dairies and private manure pits.
- Construction of adequate public latrines and urinals.
- Ensuring no dead bodies or half-burnt bodies are thrown into the river.
- Refusal of licenses for new industries without adequate effluent treatment provisions.
- Expedited disposal of cases involving pollution under the Water Act.

10. Educational and Public Awareness Measures:
The judgment calls for the Central Government to introduce environmental education in schools, organizing cleanliness weeks, and raising public awareness about environmental protection. It suggests that such measures will foster a culture of cleanliness and environmental responsibility.

Conclusion:
The judgment underscores the critical need for effective enforcement of environmental laws to combat the severe pollution of the river Ganga. It lays down specific directives for municipal bodies and other authorities to fulfill their statutory duties and calls for educational and public awareness initiatives to promote environmental protection. The court's intervention through PIL highlights the judiciary's role in addressing public health and environmental issues.