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TMI Blog1988 (1) TMI 362X X X X Extracts X X X X X X X X Extracts X X X X ..... ember 22, 1987 in M.C. Mehta v. Union of India & others, [1987] 4 S.C.C. 463, we issued certain directions with regard to the industries in which the business of tanning was being carried on at Jajmau near Kanpur on the banks of the river Ganga. On that occasion we directed that the case in respect of the municipal bodies and the industries which were responsible for the pollution of the water in the river Ganga would be taken up for consideration on the next date of hearing. Accordingly, we took up for consideration first the case against the municipal bodies. Since it was found that Kanpur was one of the biggest cities on the banks of the river Ganga, we took up for consideration the case in respect of the Kanpur Nagar Mahapalika. The Kanpur Nagar Mahapalika is established under the provisions of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as 'the Adhiniyam'). Sub- section (3) of section 1 of the Adhiniyam, which is to be found in its 1st Chapter, provides that the 1st Chapter of the Adhiniyam shall come into operation at once and the remaining provisions in relation to a city shall come into operation from such date as the State Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sewage within or without the City. .............. ... . .... ........... .. ... .. .. 388. Provision may be made by Mukhya Nagar Adhikari for collection, etc., of excrementitious and polluted matter-(1) The Mukhya Nagar Adhikari may give public notice of his intention to provide, in such portion of the City as he may specify, for the collection, removal and disposal by Mahapalika agency, of all excrementitious and polluted matter from privies, urinals, and cess- pools, and thereupon it shall be the duty of the Mukhya Nagar Adhikari to take measures for the daily collection, removal and disposal of such matter from all premises situated in such portion of the City. (2) In any such portion as is mentioned in sub-section (1) and in any premises, wherever situated, in which there is a water-closet or privy connected with a mahapalika drain, it shall not be lawful, except with the written permission of the Mukhya Nagar Adhikari, for any person who is not employed by or on behalf of the Mukhya Nagar Adhikari to discharge any of the duties of scavengers. ................................................. 396. Removal of carcasses of dead animals-(I) It shall be the duty of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgrowth which may be injurious to health or offensive to the neighbourhood. ................................................. 405. Power to require removal of nuisance arising from tanks, etc.- The Mukhya Nagar Adhikari may by notice require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off a private well, tank, reservoir. pool, depression or excavation therein which may appear to the Mukhiya Nagar Adhikari to be injurious to health or offensive to the neighbourhood: Provided that the owner or occupier may require the Mukhya Nagar Adhikari to acquire at the expense of the Mahapalika or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under this section 407. Any place may at any time be inspected for purpose of preventing spread of dangerous disease-The Mukhya Nagar Adhikari may at any time, by day or day night, without notice or after giving such notice of his intention as shall in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such mea sures as he shall think fit to prevent the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tem or sewage disposal works and includes sullage from open drains; (gg) 'sewer' means any conduit pipe or channel, open or closed, carrying sewage or trade effluent; . . . . . . .. ... . .. .. . .. ....... .. . . (j) 'stream' includes- (i) river; (ii) water course (whether flowing or for the time being dry); (iii) inland water (whether natural or artificial); (iv) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the State may, by notification in the official Gazette, specify in this behalf; (k) 'trade effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any trade or industry, other than domestic sewage . " Section 3 and 4 of the Water Act provide for the constitution of the Central Board and State Boards respectively. A State Board has been constituted under section 4 of the Water Act in the State of Uttar Pradesh. Section 16 of the Water Act sets out the functions of the Central Board and section 17 of the Water Act lays down the functions of the State Board. The functions of the Central Board are primarily advisor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information necessary for the implementation of the provisions of the Water Act, to take samples of effluents and to analyse them and to follow the procedure prescribed in connection therewith and the power of entry and inspection for the purpose of enforcing the provisions of the Water Act. Section 24 of the Water Act prohibits the use of stream or well for disposal of polluting matters etc. contrary to the provisions incorporated in that section. Section 32 of the Water Act confers the power on the State Board to take certain emergency measures in case of pollution of stream or well. Where it is apprehended by a Board that the water in any stream or well is likely to be polluted by reason of the disposal of any matter therein or of any likely disposal of any matter therein, or otherwise, the Board may under section 33 of the Water Act make an application to a court not inferior to that of a Presidency Magistrate or a Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing. The Environment (Protection) Act, 1986, which has also been referred to in out earlier judgment, also contains certain provisions relating to the control ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ikramur Rahman, A.E. Nagar Mahapalika told the Kanpur town is covered under Ganga Action Plan and following are the proposals- (A) U. P. Jal Nigam (1) Re-modelling of sewage pumping station at Jajmau and improvement to sewage farm. (2) Nala Tapping. (3) Sewage Treatment Plant. (B) Kanpur Jal Sansthan (1) Cleaning of Trunk and main sewers. (C) Integrated Environmental and sanitary Engineer project is being executed under the Dutch Assistance in Jajmau Area. (1) Crash Programme (is to remove deficiencies in the existing sanitary facilities) (2) Laying of Industrial sewer. (3) U.A.S.B. Sewage Treatment Plant. Sd/ Sd/ A.K.TIWARI (TANZAR ULLAH KHAN) J.E. ASSTT. ENVIRONMENTAL ENGINEER." Appendix A/1 to 'An Action Plan for Prevention of Pollution of the Ganga' gives the following particulars relating to the quantity of sewerage generated in the City of Kanpur which is discharged into the river Ganga and other relevant matters: KANPUR Population Estimated water Estimated sewage Treatment in 1981 supply in 1981 generated (70% of the water supply to the city .......................................................... 16.39 lacks 392.14 million 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, the World Bank, the Dutch Government etc. for implementing the said measures. The said affidavit gives information about the several works undertaken at Kanpur for minimising the pollution of the river Ganga. It also states that ₹ 493.63 lacs had been spent on those works between the years 1985 and 1987 and that the total allocation of funds by the Central Ganga Authority for Kanpur is ₹ 3694.94 lacs and that upto the end of the current financial year it is proposed to spend ₹ 785.58 lacs (1985 to 1987-88) towards various schemes to be completed under Ganga Action Plan. The affidavit points out that in Kanpur City sewer cleaning has never been done systematically and in a planned way except that some sewers were cleaned by the U.P. Jal Nigam around 1970. The main reasons for mal-functioning and choking of the city sewerage, according to the affidavit, are (i) throwing or discharging of solids, clothes, plastics, metals etc. into the sewerage system; (ii) throwing of cow dung from dairies which are located in every part of the city which consists of about 80,000 cattle; (iii) laying of under-sized sewers specially in labour colonies; (iv) throwing of solid wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ste water, To improve the water quality of Ganga all major nullahs should be diverted and treated. Combined treatment should be provided for Jajmau tanneries. Effluent treatment plants should be installed by all major polluting industries." It is needless to say that in the tropical developing countries a large amount of misery, sickness and death due to infectious diseases arises out of water supplies. In Lall's Commentaries on Water and Air Pollution Laws (2nd Edition) at pages 331 and 333 it is observed thus: "In the tropics, we cannot safely take such a limited view. Such Water-borne diseases as malaria, schistosomiasis, guinea worm and yellow fever are either terrible scourges of, or threats to, many tropical populations. The hazards from bad water are thus much greater. Poverty is much more serious for many tropical areas; in the rural areas-where most people live-and around the edges of the cities, which are the fastest-growing communities. most people cannot afford a conventionally good water supply at present, and the choice in the short run may be between doing nothing and providing somewhat improved supply. If an ideal water system is not possible, there are optio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Leptospirosis, due to a spirochaete, has its reservoir in wild rodents which pollute the water. Leptospis can penetrate the skin as well as being ingested. They produce jaundice and fever, called .Weil's disease, which is severe but not common. ' The amount of suffering which the members of the public are likely to undergo by using highly polluted water can be easily gathered from the above extract. In the book entitled 'Water Pollution and disposal of Waste Water on Land' (1983) by U.N. Mahida. I.S.E. (Retd) the problem of water pollution, the benefits of control of pollution and the urgency of the problem have been dealt with. At pages l, 2, 4 and S of the said book it is observed thus: "As long as the human population was small and communities were scattered over large areas of land, the disposal of human wastes created no problems. People could defecate in areas surrounding villages and other habitations and leave it to nature to dispose of the waste by assimilation in the surrounding land and air. But as communities became more concentrated and villages and towns grew, such a mode of disposal by natural agencies came to be replaced by organised disposal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lation that specially needs protection from the growing menace of water pollution. (pages 1 and 2) ................................................. BENEFITS OF CONTROL The benefits which result from the prevention of water pollution include a general improvement in the standard of health of the population, the possibility of restoring stream waters to their original beneficial state and rendering them fit as sources of water supply, and the maintenance of clean and healthy surroundings which would then offer attractive recreational facilities. Such measures would also restore fish and other aquatic life. Apart from its menace to health, polluted water considerably reduces the water resources of a nation. Since the total amount of a country's utilisable water remains essentially the same and the demand for water is always increasing, schemes for the prevention of water pollution should, wherever possible, make the best use of treated waste waters either in industry or agriculture. Very often such processes may also result in other benefits in addition to mere reuse. The application of effluents on agricultural land supplies not only much needed water to growing crops but als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was under a duty to provide a sewerage system, and that the system which had accordingly been provided had become inadequate solely from the increase in the population of Derby. The Court of Appeal held that it was not inevitable that the work constructed under the Act of 1901 should cause a nuisance, and that in any case the Act on its true construction did not authorise the commission of a nuisance. The petitioner in the case before us is no doubt not a riparian owner. He is a person interested in protecting the lives of the people who make use of the water flowing in the river Ganga and his right to maintain the petition cannot be dis- puted. The nuisance caused by the pollution of the river Ganga is a public nuisance, which is wide spread in range and indiscriminate in its effect and it would not be reasonable to expect any particular person lo take proceedings to stop it as distinct from the community at large. The petition has been entertained as a Public Interest Litigation. On the facts and in the circumstances of the case we are of the view that the Petitioner is entitled to move this Court in order to enforce the statutory provisions which impose duties on the municipal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alika should take immediate steps to increase the size of the sewers in the labour colonies so that the sewage may be carried smoothly through the sewerage system. Wherever sewerage line is not yet constructed steps should be taken to lay it. Immediate action should also be taken by the Kanpur Nagar Mahapalika to construct sufficient number of public latrines and urinals for the use of the poor people in order to prevent defecation by them on open land. The proposal to levy any charge for making use of such latrines and urinals shall be dropped as that would be a reason for the poor people not using the public latrines and urinals. The cost of maintenance of cleanliness of those latrines and urinals has to be borne by the Kanpur Nagar Mahapalika. It is submitted before us that whenever the Board constituted under the Water Act initiates any proceedings to prosecute industrialists or other persons who pollute the water in the river Ganga, the persons accused of the offences immediately institute petitions under section 482 of the Code of Criminal Procedure 1973 in the High Court and obtain stay orders thus frustrating the attempt of the Board to enforce the provisions of the Water ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s free of cost. Children should be taught about the need for maintaining cleanliness commencing with the cleanliness of the house both inside and outside, and of the streets in which they live. Clean surroundings lead to healthy body and healthy mind. Training of teachers who teach this subject by the introduction of short term courses for such training shall also be considered. This should be done throughout India. In order to rouse amongst the people the consciousness of cleanliness of environment the Government of India and the Governments 1. Of the States and of the Union Territories may consider the desirability of organising 'Keep the city clean' week (Nagar Nirrnalikarana Saptaha), 'Keep the town clean week (Pura Nirmalikarana saptaha) and 'Keep the village clean week (Grama Nirmalikarna Saptaha) in every city, town and village throughout India at least once a year. During that week the entire city, town or village should be kept as far as possible clean, tidy and free from pollution of land, water and air. The organisation of the week should be entrusted to the Nagar Mahapalikas, Municipal Corporations, Town Municipalities, Village Panchayats or such other ..... X X X X Extracts X X X X X X X X Extracts X X X X
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