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Re: Ganga Pollution vs State Of U.P. And Others

High Court Of Judicature at Allahabad|23 March, 2012

JUDGMENT / ORDER

Hon'ble Arun Tandon,J.
Heard Shri A.K. Gupta, learned Amicus Curiae, Shri S.P. Gupta, learned Advocate General, Shri S.G. Hasnain, Additional Advocate General and Shri S.P. Keshwarni appearing for the State of U.P., Shri Ajay Bhanot appearing for Union of India, Shri A.K. Mishra, learned counsel appering of U.P. Jal Nigam and Dr. H.N. Tripathi for U.P. Pollution Control Board.
In pursuance of our earlier order dated 24.2.2012, affidavits have been filed by Shri Mukesh Kumar, Ganga Pollution Control Unit, Shri Mani Prasad Mishra, Mela Adhikari, Kumbh Mela, Allahabad and Shri Surya Prakash Mishra, Special Secretary, Urban Development Department. Govt of U.P. Lucknow.
KANPUR NAGAR With regard to Kanpur in so far as reallocation of tanneries is concerned it has been brought on record that the Central Leather Institute Chennai has been requested by the State Government to submit a report by 25.3.2012. A copy of the letter dated 12.3.2012 written by the Principal Secretary, Urban Development has been brought on record, Annexure No. 1 to the affidavit filed by Shri Surya Prakash Mishra.
Learned Advocate General has submitted that after receipt of the aforesaid report further steps in this regard be taken by the State Government.
With regard to the functioning of Sewage Treatment Plant and different pumping stations and Common Chrome recovery plant and sewage pumping an affidavit has been by the U.P. Pollution Control Board bringing on record different inspection report which was carried out in pursuance of direction issued by this Court. A copy of the report has been filed which indicates that although there is little improvement regarding functioning of the pumping stations sewage treatment plant but the functioning of the pumping stations and sewage treatment plant is not to the complete satisfaction. The U.P. Pollution Control Board has also filed a copy of the report of water analysis at Jajmau as well as in Allahabad. The water analysis of Jajmau indicates that BOD level is 8 whereas it ought to have been maximum 3. Shri A.K. Mishra, learned counsel for U.P. Jal Nigam submits that all the inspection has been forwarded to the U.P. Jal NIgam to take remedial action. We direct the U.P. Pollution Control Board to continue to inspect all the treatment plants and pumping stations and submit the periodical report. The U.P. Pollution Control Board shall continue to inspect the Tennaries which are running illegally without any license or against license granted by the U.P. Pollution Control Board.
KUMBH MELA 2013.
In our earlier order, we have directed the state Government to disclose the details of fund which was required to be provided by the State Government as per its share of 70% which was to be provided by the State Government and 30% share from the Central Government. No details have come up except that the learned Advocate General has submitted that this issue will again be looked by the State Government and appropriate measures be taken and appropriate funds be provided by the State Government itself.
Shri S.G.Hasnain, learned Additional Advocate General has submitted that the letter has been sent to the Central Government on 19.3.2011 requesting for increase of 30% share which was granted by the Central Government with regard to the Kumbh Mela.
Shri Ajay Bhanot, learned counsel for Union of India submitted that by the next date he shall inform about the action taken by the Central Government on the above request made by the State Government.
With regard to the Pakka Ghat in connection with Kumbh Mela 2013, an affidavit be filed bringing the detailed project report regarding construction of Pakka Ghat and development taken in that regard including details of grant of project or commissioning the project.
Learned Advocate General has submitted that the decision of the State Government in this regard shall be brought before the Court by means of an affidavit with regard to the restoration of roads where the sewage line is being drawn in the city of Allahabad, immediate action shall be taken. With regard to the restoration of roads, atleast main roads be restored and details with regard to the restoration shall be brought on record by means of an affidavit by the next date.
SEWAGE TREATMENT An affidavit has been filed by Shri Brijesh Sikka, Ministry of Environment and Forests , Government of India, New Delhi in which it is stated in para 12 that the State Government has been requested to submit project proposal for construction of STPs . Shri Ajay Bhanot, learned counsel for Union of India has submitted that appropriate letter shall be brought on record by the next date. It shall be open for the State to consider and prepare appropriate project as requested by Central Government.
Shri Ajay Bhanot further stated that with regard to the sewage plant to be established in the cantonment area of Varansai, Allahabad and Kanpur, the detailed information be brought on record by means of an affidavit by the next date.
Learned counsel for Union of India may file an affidavit by the next date regarding study of environmental flow which was entrusted to the study group.
Affidavit filed by Shri Onkar Nath Tripathi is taken on record.
List this petition on 16.4.2012 at 2.00 p.m. Shri S.M.A. Kazmi, learned counsel for M/s Pancham Realcon has requested that the application submitted by him be also heard. We fix 20.4.2012 for hearing of the application.
Order Date :- 23.3.2012 R
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Title

Re: Ganga Pollution vs State Of U.P. And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
23 March, 2012
Judges
  • Ashok Bhushan
  • Arun Tandon