Hon'ble Arun Tandon, J.
Heard Sri S.G. Husnain, learned Additional Advocate General assisted by Sri S.P. Kesharwani, learned Additional Chief Standing Counsel for the State, Sri Ajay Bhanot, learned counsel for Union of India, Dr. H.N. Tripathi, learned counsel for U.P. Pollution Control Board, Sri Chandan Sharma, learned counsel for Municipal Corporation, Kanpur Nagar, Sri S.D. Kautilya, learned counsel for Municipal Corporation, Allahabad, Sri Vivek Verma, learned counsel for Municipal Corporation, Varanasi, Sri Udayan Nandan, learned counsel for Tanneries and Sri A.K. Gupta, learned amicus curiae.
Sri Ajay Bhanot has filed an affidavit on behalf of the Sub Area Headquarters, Allahabad, stating therein that proposal of S.T.P of 400 cubic meters per day at Fort Cantt. Allahabad costing Rs. 200.00 lacs has already been submitted to the Central Command for being included in the financial year 2010-11. In paragraph 4 of the affidavit it has been submitted that an affluent treatment plant costing Rs. 6,19,200/- is under installation in the OD Fort. The establishment of S.T.P. Plant at Fort, Allahabad is urgently needed in view of the fact that discharge which is being flown in the River Ganges is not being completely treated. We are of the view that competent authority may take appropriate steps for early sanction and commission of the aforesaid S.T.P. Plants. On the next date, an affidavit may also be filed regarding the developments in this regard.
The report of the Monitoring Committee which was constituted by our order dated 4.1.2009 has been brought on record. Sri A.K. Gupta has submitted that Committee has inspected the various places of Maghmela area and has also inspected the work. It is submitted that quality and quantity of the water has not improved up to the expectation and the water of the river Ganges is still not potable and fit for drinking.
Learned Additional Advocate General has submitted that additional water of 400 cusecs from Sharda Sahayak is being released from today morning and it is likely to reach on the same day and there will be sufficient quantity and improved quality of water on the main bathing day i.e. 14th and 15th January, 2010. The release of 400 cusecs water from Sharday Sahayak should continue on all the main bathing day. Sri A.K. Gupta has submitted that the specific arrangement has to be made with regard to all the bathing ghats specially at the Sangam nose. It is for the Mela authorities, who are entrusted to proper maintenance of all the bathing ghats to take all necessary steps. Taking into consideration all relevant factors including the numbers of pilgrims who are expected to take bath in the Sangam, we direct that appropriate steps be taken so that Sangam nose and all the relevant ghats be maintained.
Affidavits have also been filed on behalf of U.P. Pollution Control Board and Incharge, Maghmela Officer as well as Irrigation Department and Ganga Prevention Unit, Jal Nigam Varanasi.
An affidavit has been filed by Sri Santosh Kumar Singh in which in paragraph 3, it has been stated that the level of the river Ganges is not monitored by the Irrigation Department and it is collected by the Flood Division of Irrigation Department merely during flood period. The statement does not appeal to the Court inasmuch as from the letter of the Chief Engineer addressed to the Secretary, Irrigation and from the report of the five members 3 Committee, we find that there are at least six canals between Kanpur to Allahabad, which are having prescribed quantity of discharge of water. In our opinion discharge cannot be maintained unless the level of water in river Ganges from where such water is received, is recorded. We direct the Secretary, Irrigation to file his personal affidavit indicating as to whether the water level of river Ganges is recorded by the Irrigation Department in every district through which river Ganges passes and whether at the canals mentioned in the report, the water level of the Ganges is recorded or not. If the court comes to the conclusion that statements as mentioned in paragraph 3 of the affidavit are incorrect, it may proceed to initiate such proceedings as warranted under law. All the relevant manuals which relates to gauge of water level of the river may be produced before the Court on the next date and may also be referred to in the affidavit.
With regard to power connection in the Maghmela area, it has been mentioned in the affidavit of Officer Incharge, Maghmela that Executive Engineer has issued the order dated 9.1.2010 in compliance of the earlier order of the Court dated 4.1.2010. It has been stated that necessary details as to how many power connections have been given on request and the requisite amount of electricity charges realised from that, be brought on record by the next date.
The Pollution Control Board may continue the analysis of the water regarding quality and quantity on each day at the relevant places and bring on record by the next date.
With regard to the applications submitted by the tanneries, it has been stated by the Additional Advocate General that UPSIDC is not providing necessary cooperation for providing alternative site to shift the tanneries which are running at Kanpur Nagar, Sri Zafar Naiyer appearing for the Pollution Control Board has submitted that 4 several tannerises are running and several tanneries are closed. He prays time for submitting the detail report with regard to all the tanneriies either closed, working or dismantled or sealed. Let necessary report be filed by the next date. There are large number of tannerises in Kanpur Nagar with regard to which reports have been submitted in this case from time to time. It has come on the record that substantial part of the pollution in the river Ganga is from the Kanpur Nagar itself and quite major part of it is contributed by the tanneries and other industrial affluent from Kanpur Nagar. On earlier occasion, we have directed learned Additional Advocate General to give the details as to what steps have been taken by the State with regard to shifting of the tanneries and for providing alternative site for them but we have not yet received any concrete proposal or steps on behalf of the State in this regard. Large number of tanneris are closed for quite some time, which has resulted into great difficulty to the tanneries owners and workers employed therein.
We are satisfied that a direction be issued to the State Government for providing alternative site for shifting the tanneries which are not able to function or which are necessary to be shifted from Kanpur Nagar with object to control the pollution in the river Ganges. We direct Principal Secretary, Industrial Development to take all appropriate steps for identification of the sites for shifting of the tanneries including acquisition of land, if necessary. Four weeks' time is allowed to submit a detailed report in this regard bringing on record the steps taken for providing alternative site to the tanneries. It has been also pointed out by learned Additional Advocate General that S.T.P. Plants which are running at Salori and Naini, Allahabd should be ensured to run throughout because it is treating the sewage water which is flown in upstream of the river Ganges. Ganga Prevention Unit Control Allahabad which is running the S.T.P. Plants at Salori as well as Naini in Allahabad, is directed to ensure that S.T.P. Plants are run throughout so that no untreated 5 water may be directly flown in the river.
On earlier occasion, it has been brought on record that S.T.P. Plant has been sanctioned for Rajapur, Allahabad and detailed project for laying sewer line in the city, where there is no sewer line, has already been undertaken and contract has already been awarded for the entire project which includes the laying of the sewer line. Affidavit on behalf of of Ganga Pollution Control unit which is monitoring the project as well as of the contractor, who has been awarded contract, both may be filed giving details of the project and proposed date of completion of the different parts of the project by the next date.
The Monitoring Committee constituted by the Court may continue to monitor and visit all the relevant places and submit the report on the next date.
Learned Additional Advocate General has further submitted that with regard to sanction of the prosecution, it has already received by the State Government and out come of the same shall be brought on record by the next date.
List on 25.1.2009.
Let a copy of this order be issued to the learned Standing Counsel and Sri A.K. Gupta, learned Amicus Curaie. Dated: 11.1.2010 LA/-