Gangajal Nature Foundation, Mumbai

Important Observations And Orders of Hon'ble High Court

Hon'ble GIridhar Malviya J. and Hon'ble K.D. Shahi j.
Allahabad High court (W.P. No. 21552)

Date: 05.05.1998

It is directed that all such units without proper functional treatment plant be closed forthwith. The Pollution Control Board shall ensure that no such units, which have not set up the proper treatment plants does not function any more till they haves set up their effective treatment plants.

Date: 20.8.1998

No Saree Industries wheather they are parties hear in this court or not shall discharge the coloured water in sewer treated in the manner as in indicated in the joint report of Dr. Tripathi of Banaras Hindu University, S.K. Singh, Chief Environmental Engineer and Dr. Sushil Kumar, Environmental Officers of U.P. Pollution Control Board.

UP Pollution Control Board shall be constantly vigilant and shall be making surprise inspection so that no Saree Printing Units at Varanasi at any point of time discharge its coloured water without being treated in the temporary tanks as has been suggested by the experts in their report. If any such units is found to be discharging colored water from the saree printing block and section etc., the said saree units ceased immediately and shall be disqualified who start the work of Saree Printing again.

All Saree Printing Industries shall straightaway also get the exercise to setup the permanent effluent treatment plant for their cottage industries so that the present arrangement can be dispensed with on the permanent arrangement being commissioned at the earliest.

Note: The D.M. Varanasi, on 02.09.1998 has constituted a committee for physical verification of the temporary treatment plant approval by the Hon'ble High Court which shall be constructed by the saree Printing Industries. This committee has been constituted on the complain of Saree Printers that even after proper construction of treatment plant the Regional Office of the Pollution Control Board does not allow them to work.

Date: 16.09.1998

Now it is almost clear that on account of improper planning and the failure of some of the scheme of GAP-1 almost every where and in particular at Varanasi pollution instead being controlled has multiplied. Deenapur STP has not been able to give the required result.

Accordingly, it has become necessary to stop all the work which is being undertaken till the entire project is carefully examined and scrutinized by a group of Environmental Scientist, Technologist and Experts working in this area for which NGOs working in the concerned field may also be consulted while finalizing the project.

Ministry of Environmental sand forest has been directed to constitute the said Technical Committee with the following Experts:

  1. Dr. P. Khanna, Director, NEERI, Nagpur.
  2. Dr. S.C. Mudgal, Senior Advisor, Ministry of Environmental and Forest, New Delhi.
  3. Mr. S. K. Chawala, Chief Engineer CPWD (Retd.) C11/50, Shahjahan Road, New Delhi.
  4. Dr. G.D. Agrawal, Former Member Secretary, Central Pollution Control Board, New Delhi.
  5. Dr. B.D. Triphati, Director CEE, CAS Botany, Banaras Hindu University, Varanasi.
  6. Dr. M.C. Mehta, Advocate, New Delhi.

The entire project shall be placed before the committee along with the applications of Pt. Deo Dutt Tewari and the letter of Dr. B.D. Triphati together with their annexures so that the committee would immediately examine the projects in light and background of these documents.

It is directed that the GAP should be implemented by involving the bodies who should be authorized to construct, maintain and operate the treatment plants and undertaken the river conservation work at their own level with the help of the Government and they are just and with the guidance of the Local NGOs and professional experts. There should be total transformers maintained regarding the action which is to be taken.

There should be an effort to create atmosphere to educate the people to keep the river pollution free.

The local police if assigned the task of policing the river does not take up the task seriously nor is it properly trained to undertaken the policing of the river. Accordingly it is directed that a fresh cadre of River Police be created in the state by Govt. of Uttar Pradesh. This cadre shall be comprised only of the rank of constables and such inspectors who shall otherwise be under the control of the District Supdt. Of Police.

Date: 13.10.1998

The work under taken at the local will be monitored by the local committee of technical experts. At Varanasi it shall be constituted with Dr. B. D. Tripathi, who is also member and has been recommended along with other persons to the Central Technical Committee.

The Pollution Control Board and Nagar Varanasi have been directed to get the samples of water of Ganga from several places and get them tested and to display the results of the analysis and file a counter affidavit by the next date indicating that the orders issued by this court as also by the High Power Committee of the Chief Secretary are being implemented and carried out.

The court feels that the mass awareness programme is not being implemented at all in the important cities and places. It appear that the people of Varanasi have not been warned by posters or publication in News Papers what the people should omit or to do to keep the Ganga free from pollution. Such awareness plan should be exhibited throughout the city.

A team of seven officers headed by Mr. Sameer Gupta, a retired officers of the Indian Audit Accounts Service has been nominated for auditing the entire amount which has been spent by various departments in relation to the Ganga Action Plan. It is further made clear that the team of Shri Sameer Gupta will have full power to audit the accounts of all the departments including the department of the Govt. of UP to whichever they find the money had been sanctioned for the Ganga Action Plan as also to such Non Governmental Organizations who might have received the funds in connection with GAP.

It is made clear that if any officers or department is found lacking in complying with the directions the same shall henceforth be treated to be violation of a direction by this Court for which the Court will be competent to take suitable action against the officers or the department.

Note: The Commissioners, Varanasi, has constituted an Administrative Committee with A.D.M. City as Nodal Officers, city magistrate, A.M.N.A. Nagar Nigam, G.M. Ganga Pollution Control Unit, Regional Officers, Pollution Control Board as Members and Dr. B.D. Tripathi as it's Scientific Advisor, on 27.10.1999 and directed the Committee to inspect all the industrial units marked by the Pollution Control Board to ensure proper functional treatment plants in each Industrial Unit.

Although numerous steps are being taken or proposed by the Governmental and Non-Governmental organizations to solve the problem of Ganga water pollution. Nevertheless, auther feels that following questions are still to be answered by the Environmental Managers.

  1. Do we have specific kind of Sewage treatment plants which can treat the City sewage mixed with the toxic Industrials effluents?
  2. Do we have proper arrangements to collect sewage from all branch sewer systems of urban and suburban areas?
  3. Do we have provision to establish community Treatment Plants in the densely populated urban areas to treat different kinds of industrial effluents?
  4. Do we have Sustainable Environmental Manatement Plant for long-term growth of the Cities?
  5. Do we have Environmentalists in our policy planning committee who are aware with the dynamics of river Ganga Ecosystem ?

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