Ganga Ji Pollution Case- Special officer _Yogesh Saxena

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
*********
CIVIL MISC. WRIT PETITION NO. 4003 OF 2006
(Under Article 226 of the Constitution of India)
DISTRICT, ALLAHABAD
Harchetan Branhchari Ji Mahraj, Sri Paramnand Ashram, Teakar Mafi,Amathi, District Sultanpur at Present Residing at Jhoosi, Post Jhoosi, Dist. Allahabad ………………………………………………………………….Petitioner.
Versus
1. State of U. P. through Secretary,
Environment, Government of U. P.
Secretariat, Lucknow (U. P.)
2. The Commissioner, Allahabad Division, Allahabad.
3. The Collector, Allahabad, Dist. Allahabad.
4. The Mala Officer Incharge, Magh Mela, Allahabad.
5. State Board for Prevantation and control of water
Pollution through its Chairmen ……………………..Respondents
To,
The Hon’ble The Chief Justice and his Lordship’s other companion Judges of this Hon’ble Court.
The humble application of the applicant submits the report in the matter of Ganga Pollution as under:-
The spiritual sanctity of the water of River Ganga, deeply associated with the rituals and custom of Hindu philosophy, regarding its great traditions; and simultaneously emergence of the dead body or its ashes in holy water, some time provokes me to have an introspection and at that moment, the sound proposition in these verses reminds me of my Duty in this manner:-
“I am unjust, but I can strive for justice,
My life’s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness”.
“We, the people” are still like cavemen, with our back turn to light, watching the shadow of the wall. There is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people" who are regarded to be the sovereign of the nation, are living a life full of abrogation and subjugation.
“All the members of the court are considered as wounded, where justice is found wounded with inequity, and Government do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished.”
“A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner.”
“Justice destroyed destroys its destroyer; and justice preserved, preserves its preserver. Hence, never destroy justice, lest being destroyed, it should destroy thee.”
“In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off.”
“When injustice is done in the government out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice, the second by the witness, the third by the court, and the fourth by the president king of an unjust Government.”
EXTINCTION OF ENTIRE GLACIER LEADING TO ENVIRONMENTAL CRISES
1. That the Gaumukh Glacier situated at about 119 km from District Head Quarter of Uttar-kashi at the State of Uttranchal. There is the extinction of the ice due to transmission of the energy on account of providing nourishment to the tourist. According to an estimate, this glacier was running behind at the rate of 18 meter per year upto year at 1990. Now as per the report submitted by the Gobind Bhallabh Pant, Himalayan and Environmental Development Institute, Koshi, Almorha, the gravity of extinction of this glacier is now assessed at the rate of 30 meters per year and thus there is possibility at the extinction of entire glacier leading to environmental crises of scarcity of water to entire natives through Ganga river upto the year of 2050. Thus there has been the demand for preservation of Gangotri Glacier. That water from the Ganga has the recursive property that any inherits its healing and other holy properties.
2. That the Bhagirathi and Alakhnanda Rivers intermingles together at Deo-prayag. The extent of Ganga origin is spread from Bundhar-punch to Nanda Devi; from east flow the Vishnu Ganga toward Badrinath, while Dhouli-Ganga comes from Drowna-giri. They mingle together at Vishnu Prayag. The Rishi-Ganga emerges from Nanda Devi and meets Ddouli- Ganga and the combine stream are meet at Nand Prayag. From Trishul peek emerges Pinder-ganga, which join it’s at Karan-Prayag, while Mandakini emerges from Kedar Nath and merges with Alakhnanda at Rudra Prayag. Thus at Deo-prayag before meeting at two rivers namely Bhagirathi and Alakhnanda, there has been merging of different rivers in Alakhnandda and ultimately the pious water of Ganga vanishes in Gangotri plans, which is known as Mother Ganga. For about 840 million of Hindus,just to take a dip inside the water of Mother Ganga is considered to be purified on their sins. River Bhagirathi and Bhilangana rise from the glaciers in the Himalayas, which is now the part of the state of Uttranchal.
3. That the peculiarities of Allahabad, where Ganga appears as through diamond and sapphire, a flock of white swan, a bunch of garland of white lotus and the cloud of Autumn, is no more seen by 870 million pilgrimage reaching at Allahabad just to take a dip at Sangam during Kumbh festival. During Mauni Amavasaya, it is believed to be the day of celestial blesses and auspicious bathing day, as the sun enter in the Capricorn zone in month of Magh. According to Rig–veda, those who bathed at Sangam, attained salvation after death. Thus it is the sacred duty of the citizen to remain the holy water of Ganga intact, as the same is received through proper supply and distribution from Ganga cannel at Narora.
4. That from Gangotri Glacier onward, Bhagirathi emerges, which is now connected with Bhilangna river at Tehri Dam. There has been sustainable development and simultaneously the demand for an environment protection at Teheri Dam project. Since the Right to live a decent life and Right to health falls under Article 21, the environmental clearance may be the subject matter of judicial review of the decision making process of an Administrative action. The protest of ecologist not to be seen as obstructionist and antic process, but it is being respected, as that of thought provocation.
5. That it is a story of how downstream towns suffer due to activities upstream. The Ganga drains eight States Himachal Pradesh, Punjab, Haryana, Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar, West Bengal and the union Territory of Delhi. There are distilleries, paper, sugar mills and chemical units in Meerut, Rampur, Gajraula Industrial Estate, Moradabad, Bulandsahar and other towns of Western Uttar Pradesh and Uttaranchal which discharge their highly contaminated, multi-coloured waste into the Ram Ganga and Kali rivers, the tributaries of Ganga which meet it in the upstream of Kanpur. The industrial effluents generated by upstream towns aggravate Kanpur’s drinking water problem. In Kanpur, 1350-odd leather-making units add to the pollution of the holy river. Resultantly, further down, Allahabad gets more toxic water.
6. That the various aspects relating to the conditional clearance have been dealt with in the catchments area. It impact upon flora and fauna relating to water quality maintenance and its impact upon human health has been dealt with in cease of N.D. Juyal versus Union of India in respect of Tehri Dam case reported in (2004)9 Sec 362.
7. That the significance of Ganga is being recognized all over the world. As a result, our Government has received a huge financial support from World Bank. Late Prime Minister Mr. Rajeev Gandhi had initiated an ambitious programmed under the Ganga Action Plan, to restore the purity and pious status of Ganga water.
MYSTICAL AND SPIRITUAL UNDERTAKING IS GENEROUS IN HINDUS, WHILE TAKING A DIP INSIDE MOTHER GANGA
8. That in this manner, the mystical and spiritual undertaking is generous in Hindus, while taking a dip inside Mother Ganga. There is nothing in nature, which could be more nearer to the divine virtue, to which the most determinable pilgrimages penetrate from different part of the world during Holy festival of Kumbh at Allahabad.
9. That the Pollution control in India in the modern age is frequently seen as an imposition against Hinduism. Germ theory, fecal matter counts, the notion of ecological disaster, all these ideas are patently western. The first attempts by the British to bring sewage systems to India in the late 19th century were admittedly executed with the intention of ushering in scientific rationalism for the betterment of native life and their "savage conditions" Ever since then sanitation programs have been divorced from the majority body, importing European and American specialists to diagnose and address the problem without educating or organizing the public to stand with these programs. In the eyes of many the Indian government has turned to secular solutions to what they perceive to be religious deficiency, the inability to recognize waste and deal with it in the context of the all-purifying Ganga. As a result opposition among the laity has fomented.
10. That through all of the activity of the last fifteen years surrounding government policy and the Ganga the public has remained divorced from the proceedings. Individuals, while excluded from a democratic process, or an educational scheme, have been scapegoated by various programs. In 1987 the Environment Minister created a police force in Varanasi to prohibit defecation along the banks of the river, the spreading of debris and garbage, the dumping of animal carcasses in the river, and blocking the flow of river. In this way the local authorities were pitted against those who ideally would be integrated into these programs. This antipathy persists today. Only a year ago outraged residents cornered a city water engineer and forced him to stand for several hours in a pool of sewage to impress upon him the exigency of the situation.
11. That "With a clear understanding that their strategies would be contentious among residents and government officials, the Clean Ganga Campaign directors aimed to educate Varanasi residents about the problems of river pollution in the idiom of sacred purity. They framed their instruction by emphasizing a concern for Ganga's eternal power and purity. But when proposing remedies for cleaning Ganga, they turned to secular solutions. For example, when initially developing programs to convey problems of sewage drainage and public waste to the public, the directors sought assistance from American colleagues who eventually established the "Friends of the Ganges" in the USA." .
12. That science and religion have to mesh, if the Ganges is to be saved. The Western approach, based on fear of a possible ecological disaster, will not work, he said. if you go to people who have a living relationship with Ganga and you say, Ganga is polluted, the water is dirty, they will say Stop saying that. Ganga is not polluted. You are abusing the river. But if you say Ganga is our mother. Come and see what is being thrown on the body of your mother of sewage and filth. Should we tolerate sewage being smeared on the body of our mother and you will get a very different reaction, and you can harness that energy."
13. That this energy, the product of acknowledging Ganga as both Goddess and long-standing waste-removal system, is the last opportunity for effecting change on the river. India ís rapid growth rate indicates that it will soon be the most populous country in the world. Efforts to clean up the Ganga could, if successful, serve as a model of cultural and religious preservation as India strains under the weight of rapid development. Ganga Ma will continue to purify all. In return, hope many residents of Hardwar, Rishikesh, Allabad, and Varinasi, she can be accorded the dignity and respect due a living goddess. Surely a goddess that serves Indians without rest can expect such reciprocity.
14. That the Ganga basin is home to over 300 million people, out of which 20 million live in densely populated cities directly along it banks. Most of the urban Centers lack proper sewage treatment facilities. 88% of the pollution originates in 27 cities located along the banks. While industrial pollution accounts for only about a quarter of the whole problem, it is by no means insignificant since most of it is concentrated in specific areas and the effluents are more hazardous. The state of Uttar Pradesh alone is responsible for over 50% of the pollutants entering the river along its entire journey to the sea.
15. That Domestic and industrial pollution, combined with deforestation, use of pesticides and fertilisers and other factors, have rendered the water of Ganga unfit for drinking or bathing.
16. That Upstream from Varanasi, one of the major pigrimage sites along the river, the water is comparatively pure, having a low Bio-Oxygen Demand (B.O.D.) and Fecal Coliform Count. However, once the river enters the city these levels rise alarmingly. Measurements taken at the city's various bathing ghats during a few years ago show that the average B.O.D of the water rises by over 1300 percent. The average Fecal Coliform Count at the ghats is over 6000 times what it is before the river enters the city.
17. The Ganga Action Plan launched in 1986 by the Government of India has not achieved any success despite expenditure of over five billion Rupees. Even though the government claims that the schemes under the Ganga Action Plan have been successful, actual measurements and scientific data tell a different story. The accountability of the officers indulged in misappropriation such a huge amount is needed by the Law Enforceable Agencies under the direction of the Hon’ble court. The failure of the GAP is evident, but corrective action is lacking.
18. That slogan does not solve the problem; rather make them further complicated in reaching out the possible measurement for solution. Firstly we have to look into the water born decease and its prevention. These deceases are commonly known as viral hepatitis, polio, cholera, gastroenteritis etc. spread from the virus. These viruses have created the health Hazard to the people consuming water of river Ganga. The break point chlorination cereals are havoc to the living creature of water and perish them forever.
SCARCITY OF ELECTRIC SUPPLY IN THE POLLUTIONS PLANTS SET UP UNDER THE SCHEME OF CENTRAL GOVERNMENT ACTION PLAN
19. That the process of filtration of water was adopted, but due to the scarcity of electric supply in the pollutions plants set up under the scheme of central Government Action Plan, nothing could have been achieved after making the investment of money in these project.
20. That Allahabad on account of its peculiarity of having such a mass configuration of pilgrimage during Kumbh festival is to be considered most sacred festival center of India. How ever, there has been fast depletes of purity of water due to addition of untreated waste water, which may not determine its significant to larger extent.
CONTRAVENTION TO THE PROVISION OF THE WATER (PREVENTION OF CONTROL OF POLLUTION) ACT 1974
21. That Ganga water has an unique, physico/chemical characteristic, which in suitable for the proliferation on of a bacteria needed to complete the reproductive cycle of the Bacteriophages present in its water. No river evokes such feeling in the human mind as the Ganga does. The very name “Ganga” conjures of picture of a holiness’ of peace and joy’ of beauty land sweetness of all that is uplifting in the mind in the mind of Hindu. It is a meeting point for both the rich and poor, who believe that it a divine route to heaven.
22. To achieve this environmental goal will demand the acceptance of responsibility by citizen and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future. Local and National Governments will bear the greatest burden for large-scale environmental policy and action within their jurisdictions. International co-operation also needed in order to raise resources to support the developing countries carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive co-operation among nations and action by international organization in the common interest. The Conference calls upon the governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity.
23. The Ganges collects large amounts of human Pollution as it flows through highly populous areas. These populous areas, and other people down stream, are then exposed to these potentially hazardous accumulations. While proposals have been made for remediating this condition so far no great progress has been achieved. The Ganga remains an economically important waterway and polluting it remains economically advantageous
INDUSTRIALS SETUP ARE POLLUTING OUR HOLY WATER AT RIVER GANGA
24. That in Uttar Pradesh alone, there has been about 86 industrials setup, which are polluting our holy water at river Ganga. Out of these Industrial setup, about 66 industries are in itself located at Kanpur.
25. A beeline of gastro enteritis patients at Kanpur hospitals and the growing ire of the saints at Allahabad made the authorities concerned take stock of the state of affairs. Taking strong note of the situation, the Central Pollution Control Board (CPCB) took samples of the Ganga water at various locations. It was found that the oxygen level in Ram Ganga at Farrukhabad was 0.4 milligram per liters due to which shoals of fish were dying. The CPCB has pointed out that Ram Ganga and Kali are polluted owing to the untreated industrial waste discharged by paper factories, distilleries and other chemical units which have turned the river water black and yellow. Similarly, the Mayor of Kanpur alleges that most upstream districts have closed their treatment plants and so the impact can be seen in the city’s drinking water. Interestingly, the CPCB officials saw deep yellow water in Ram Ganga river in Haldwani District of Uttranchal. However, instead of taking any action against the erring units, the Uttaranchal authorities have washed their hands off the problem.
26. The Uttar Pradesh (UP) government has directed the district magistrates of Farrukhabad, Meerut and Moradabad to initiate action against the sugar mills and distilleries. Already, the cash-starved Kanpur Jal Sansthan (Water Works) is spending Rs 50,000 extra everyday in purification of highly polluted raw water from Ganga. Jal Sansthan authorities opine that the effluents released in the upstream would impact the raw water source of Kanpur for many days. Even if the pollutants released upstream are tapped today, it would take at least five days before Kanpur’s tryst with contaminated water ends.
27. The balance between environmental protection and the development activities could only be maintained by strictly following the principle of “Sustainable development”. The development strategy catered the needs without negotiating the ability of up coming generations while “sustainable development” ensures the protection of environment as a guarantee to the bequeath to the future. Thus, right to clean environment is a guaranteed fundamental rights and it may be declared as a component of article 21 of the constitution of India ( M.C. Mehta versus Union of India – 2001(3)SCC-756).
28. That according to an estimate, there has been the conversion of river Ganga to more sewage drainage in an area of 12.5km lying within Kanpur District, where the colour of water seen at Vaithur Ghat upto Jaimai Ghat converts from white to greenish black. During this period, there has been the pollution to the extent of mixing of chromosome 2.02 mg in every litter at Ganga water, which has proven to spread cancer. The Nickel and lead metals makes the Ganga river water more poisonous. In the samples taken from Kanpur District, there has been 36% of streptococcal betrays, which has entrance to 90% during summer period. Let us began with the eradication of problem attitude, instead of highlighting the gravity of the situation, which has been worse then alone, on account of situation of leather manufacturing industries and other units functioning without providing pollution control measurement at Kanpur.
29. That the tanneries at Jajmau in Kanpur have themselves formed as association called Jajmau Tanners Pollution Control Association with the objects among others :
To establish, equip and maintain laboratories, workshops, institutes, organization and factories for conducting and carrying on experiments and to provide funds for the main objects of the Company.
To procure and import wherever necessary the chemicals etc. for the purpose of pollution control in tanning industries.
To set up and maintain common effluent treatment plant for member tanners in and around Jajmau.
To make periodical charge on members for the effluent treatment based on the benefit he/it derives from time to time to meet the common expenses for maintenance, replacement incurred towards effluent treatment.
30. That the primary treatment units principally comprise of coarse screens, two numbers of setting tanks and sludge drying beds. The setting tank, each of about 1-2 days capacity acts as an equalization-cum-setting tank as well. As an alternative, clarifier can be provided in place of setting tank for treating higher capacity effluents. Depending on the quality of composite effluent, addition of neutralizing chemicals like lime, alum, ferric chloride etc. would be required for effective precipitation of chromium and removal of suspended solids in the sedimentation process. The sludge from the setting tanks and clarifier is removed and dried on sludge drying beds made up of filtering media, gravel, sand and supporting masonry structure. For operational reasons, sludge drying beds are divided into four or more compartments. The dried sludge from the sludge drying beds can be used as manure or for landfill if it is vegetable tannery waste. In case of chrome tannery waste, the dried sludge should be buried or disposed of suitably as per the directions of regulatory agencies and local bodies.
31. That the pre-treated effluent units are explained in the said monograph. The major polluting industries on the Ganges River are the leather industries, especially near Kanpur, which use large amounts of chromium and other chemicles, and much of it finds its way into the meager flow of the Ganga. Unfortunately, this is a boom time for leather processing in India, which many view as a form of eco-environmental dumping on the third world, and with the lax and lubricable implementation systems of the State government, it does not seem likely that this will go down. The world bank report 1992, which focussed on the environmental issues, mentions the dissolved-oxygen and riverborne decomposing material at two points on the Ganga. However, industry is not the only source of pollution. Sheer volume of waste — estimated at nearly 1 billion litres per day - of mostly untreated raw sewage — is a significant factor. Also, inadequate cremation procedures contributes to a large number of partially burnt or unburnt corpses floating down the Ganga, in addition to corpses.
32. That the Ganga Action Plan has been set up under the Indian Government bureaucracy, and is attempting to build a number of waste treatment facilities, under foreign support, and to collaborate with a number of voluntary organizations. Surprisingly, the political parties in India are not very active in the efforts to clean up the Ganga, and it is not very high in the general religious agenda.
33. That in the case of Jajmau, Kanpur, the committee visited few tanneries where the effort has been made to have primary treatment of the effluent before it is discharged to the common drain/the river Ganga. There are 60 tanneries in Jajmau which will be covered under joint effluent disposal. The total production is to the tune of 12,000 hides with a total discharge of 5 million litres per day in the year of 1987 . The State Government has taken appropriate steps in preparation of the feasibility report under the guidance of U. P. Pollution Control Board. This proposal was also supported by Central Pollution Control Board, Delhi by sharing the total fee of Rs. 80,000 to be paid to the Public Health Engineering Consultancy, Bombay which has prepared the report with the help of IIt, Bombay. The report suggests that each tannery should make arrangement for the primary treatment of their effluent and then it will be discharged into common treatment plant.
M. C. Mehta Vs. union of India (1987) 4 Supreme Court Cases 463 (Kanpur Tanneries Closer Cases)
34. That it is unfortunate that a number of tanneries at Jajmau even though they are aware of these proceedings have not cared even to enter appearance in this Court to express their willingness to take appropriate steps to establish the pre-treatment plants. So far as they are concerned an order directing them to stop working their tanneries should be passed. We accordingly direct M/s Delight Tannery (respondent 14), M/s Hindustan Tannery (respondent 15), M/s Primer Allarmin Tannery (respondent 33), M/s Mahaboob Tannery (respondent 37), M/s Popular Tannery (respondent 38), M/s Standard Tannery (respondent 39), M/s Vikash Tannery (respondent 40), M/s New Golden Tannery (respondent 41), M/s D. D. Tannery (respondent 42), M/s Himalaya Tannery (respondent 44), M/s Commercial Industry Tannery (respondent 45), M/s Madina Tannery (respondent 46), M/s Kanpur Tannery (respondent 48), M/s New Jab Tannery (respondent 49), M/s Famous Tannery (respondent 50), M/s Glaxy Tannery (respondent 53), M/s Bengal Tannery (respondent 56), M/s Chhangal Tannery (respondent 59), M/s Nadari Tannery (respondent 63), M/s Jajmau Tanners (respondent 65), M/s International Tanning Industry (respondent 66), M/s Poorwanchal Tanning Industry (respondent 70), M/s Navratan Tanning (respondent 71), M/s Haroou Tannery (respondent 73), M/s Himalaya Tanners (respondent 76), M/s R. A. Traders (respondent 79), M/s Alam Tannery (respondent 83), M/s G. T. Tannery (respondent 84), M/s Awadh Tannery (respondent 86) to stoop the running of their tanneries and also not to let out trade effluents from their tanneries either directly or indirectly into the river Ganga without subjecting the trade effluents to a pre-treatment process by setting up primary treatment plants as approved by the State Board (respondent 8) with effect from October 1, 1987. M/s Indian Tanning Industry (respondent 30), the U. P. Tannery (respondent 19), M/s Zaz Tannery (respondent 28), M/s Super Tannery India Ltd. (respondent 21), M/s Shewan Tannery (respondent 20), M/s Pioneer Tannery (respondent 23) and M/s M. K. J. Corporation (respondent 89) who have already put up the primary treatment plants may continue to carry on production in their factories subject to the condition that they should continue to keep the primary treatment plants established by them in sound working order.
The report shows pathetic condition prevailing at Kanpur. After perusing the report, we find that Burihaghat at Jajmau is one of the worst affected areas, where the river Ganga is being polluted. The report further shows that in Burihaghat at jajmau, there are two glue factories with huge boilers, flesh and leather-remains as ingredients and goat and other animals tails serving as fuel in the open, right at the ghat, which portrays the pathetic state of Ganga. Entied ghat is strewn with leather remains, boiled and crushed up products of the glue factories, mounds and animals' carcasses, tannery effluents spread all over the ghat near Ganga. The report further mentions that a couple of tanneries discharge their waste products directly at the ghat, which is ultimately washed off into Ganga.
An Extract of Public Accounts Committee Report Submitted in Lok Sabha
35. That the report discloses that- “…………………..The Committee express gave apprehension that with 3543 tannery units in Kanpur, there is danger of the wastewater in the city having alarming levels of heavy metals like Chromium. Out of these as per the latest information given by Uttar Pradesh government, while the 210 chorme tanning tanneries are required to install chromium recovery plants to save them form closure, only 57 tanneries had installed such plants and in 12 tanneries, the Chromium recovery plants were since under construction. The Committee took serious view of the fact that though 93 tanneries wee ordered to be closed by the UPPCB but none had been closed so far ………..The Committee, however, have taken a serious view for the Ministry of Environment & Forests inapt handling of Naini STP issue which had not only cost Rs. 1.20 extra but also resulted in time overrun of five years though one of the reason was that the contractors, M/s Driplex, New Delhi could not complete the work as per agreement. The Committee take a strong view of the fact that Ministry of Environment & Forests’ policies have not been strong and convincing enough to ensure timely completion of scheme…………During their study visit, as an unpleasant experience, the Committee caught sight of many non-cremated dead freely in the river waters giving a distasteful spectacle to the visitors coming from far and vide…………….Taking note of inadequate monitoring of GAP works in almost every place, he Committee desire that at the State level Governments should find out the snags that have been hampering constitution and effective functioning of Citizen Monitoring Committee (CMCs) for each town, as per the direction of the NRCD issued in March, 1995 which could monitor the execution and timely completion of the scheme and also generated public awareness and participation………….”
36. That the Senior Superintendent of Police, Kanpur Nagar may be directed to ensure that none of the activities mentioned above are permitted to be carried out in Burihaghat in Jajmau, which are being carried-out illegally. The Pollution Control Board should have stopped the above activities of pollution but they have not cared to stop the same.
37. That the water intake point at Bhairoghat pumping station has two huge drains, which receive domestic sewage through five drains, namely, Jageshwar, Jeevara, Kheora, Nawabganj and Ranighat. It further mentions that the polluted contents of a Tuberculosis Hospital are also being discharged some 100 meters before the intake point. Since this is the source of water supply to the entire city of Kanpur, this has to be immediately stopped. The state do not have any specific proposal, as to how this nuisance, which is injurious to health and hazardous to human being may be stopped. As we feel that the Tuberculosis germs are being supplied to the people of Kanpur, it is the duty cast upon Jal Sansthan, Kanpur Nagar, to clean the water before making it potable.
38. That the State Government may be directed to set up an experts committee immediately for this task and let the Court know as to in what manner they are going to tackle this problem and making the water supply to the people of Kanpur pollution free.
39. The State of U.P. is required to give its immediate attention to this problem also. Immediate measures should be adopted to lay independent feeder lines to these installations, ensuring 24 hours electricity supply for which the government should release the necessary funds forthwith. This Court has already put a nominee of the Chief Engineer in the Committee, who was also a member of the Committee. He also visited the aforesaid places and found that the installations were not working due to non-supply of the electricity. Secondly, the State Government shall also appraise itself to this problem forthwith and would also let this Court know within ten days what action has been taken by it to solve this problem.
40. That the Millions of our people bathe in the Ganga, drink its water under an abiding faith and belief to purify themselves and to achieve moksha, release from the cycle of birth and death. It is tragic that the Ganga, which has since time immemorial, purified the people is being polluted by man in numerous ways, by dumping of garbage, throwing carcass of dead animals and discharge of effluents. Scientific investigations and survey reports have shown that the Ganga, which serves one-third of India’s population, is polluted by the discharge of municipal sewage and the industrial effluents in the river. The pollution of the river Ganga is affecting the life, health and ecology of the Indo-Gangetic Plain. The government as well as Parliament both have taken a number of steps to control the water pollution, but nothing substantial has been achieved. I need not refer to those steps as my learned brother has referred to them in detail. No law or authority can succeed in removing the pollution unless the people co-operate. To my mind, it is the sacred duty of all those who reside or carry on business around the river Ganga to ensure the purity of Ganga. Tanneries at Jajmau area Kanpur have been polluting the Ganga in a big way. This Court issued notices to them but in spite of notice many industrialists have not bothered either to respond to the notice or to take elementary steps for the treatment of industrial effluent before discharging the same into the river. We are therefore issuing the directions for the closure of those tanneries which have failed to take minimum steps required for the primary treatment of industrial effluent. We are conscious that closure of tanneries may bring unemployment, loss of revenue, but life health and ecology have greater importance to the people.
That do we have specific kind of Sewage treatment plants that can treat the City sewage mixed with the toxic Industrials effluents?
That do we have proper arrangement to collect sewage from all branch sewer system of urban and suburban area?
That do we have provision to establish community Treatment Plants in the densely populated urban areas to treat different kinds of industrial effluents?
That do we have Sustainable Environmental Management Plant for long-term growth of the Cities?
That do we have Environmentalists in our policy planning committee who are aware with the dynamics of river Ganga Ecosystem?
41. That the present quality of Ganga water at Allahabad is demonstrated as health hazard and unhygienic with regards of various parameters.
42. MAIN SOURCES OF POLLUTION: The dirty water of our villages, towns and cities. We throw garbage by the side of the river and some time inside the river. Chemical and polluted water coming through the factories. The remains of the harmful insecticides and pesticides coming through the fields. Dead animals and without burnt human bodies or half-burnt thrown in the river. Discharge of urine by the side of the river. The people taking bath and performing ritual in the river.
43. MEASURING THE PURITY LEVEL: To measure the purity level of the river, there are different ways. Among them, three are the main methods. Pure Oxygen (DO)(as mush as oxygen is available in water, that much is the purity level of the water. Demand of Organic Chemistry oxygen (BOD); (As mush BOD is available in water, there will be a low level of purity) and the presence of coliform in water signifies germs of coliform waste and these help in increasing the internal diseases of the internal organs of the human body. By these germs and diseases like diarrhea, jaundice, typhoid etc are caused in the human body system. The very river which was a life saver, today, because of pollution it is nor only becoming dangerous for human beings but also for aquatic animals.
44. That an analysis of monthly variation in the physicochemical characters of the water showed that nearly all the parameters exhibited considerable elasticity. A perusal of above facts show that discharge of civic and industrial pollutants in river water brought an appreciable change in their physicochemical character specially in carbonates, bicarbonates, BOD, COD, DO etc. Upper permissible limit of pollutants in rivers wave are recommended by WHO and Indian Standard Institute(ISI, 1963) showed that our degrading due to the discharge of high amount of pollutants through civic and industrial effluents.
45. That based on the above study, it may be concluded that although the water Ganga and Yamuna are not suitable for any activities other than irrigation, a time may come soon when the same will also not be suitable even for irrigation, if we continue to ignore the problems.
46. That so the programmed was provision of adequate sewerage, sewage treatment and ultimate disposal facilities should be taken on priority.
47. That a comprehensive survey has revealed that the Ganga despite its extra ordinary resilience and self-purifying capacity is several places. Recognizing the magnitude of this problem, and realizing the importance of water quality as a coordinal element of management.
48. That the Industrial and drinking water requirement will also increase tremendously with the increasing pace of industrialization and population growth. Further to maintain an ecological balance and to cut down the pollution, a minimum flow of water in the river will have to be maintained throughout the year. Keeping in view the above future requirements, it is apprehended that as we enter the Twenty first Century, we may simultaneously enter an era of acute shortage of water. To cope up with this grave challenge, apart from better water management techniques, further harnessing of existing water recourses is imperative.
49. That a number of Multi-purpose Schemes, under different stages of investigation, Planning and Construction are located in the hills to tap the water potential. In Uttar Pradesh, the majority of rainfall occurs during the four Monsoon months. During this season major portion of surface run-off remains untapped and consequently goes Waste into Sea, through the mighty river Ganga. Apart from this, river Ganga causes flood havoc to vast tracts of plains during the Monsoon, where as during the lean season its discharge in plains is less that is results in scarcity of water at several places. It is observed that by the start of next Century all the possible schemes to tap the water potential in the hills will be completed or will be under construction nearing completion.
50. That in order to retard the increasing scarcity of water it is essential to tap and conserve it to the maximum by conventional and non-conventional means. Water can be harnessed in the plains by constructing a series of barrages along river Ganga. Tributaries of river Ganga namely-Ram-Ganga, Yamuna, Tons, Gomati and Ghaghara have wide range of catchment spread over hilly and plain regions. Several storage reservoirs have been constructed in past on these on these hills but still much scope is left for harnessing water potential of these tributaries in plains, by way of constructing series of barrages and small dams. The purpose of these barrages would be to store water along the flood plains of river Ganga during the monsoons so that this storage can be utilized for use during the non-monsoon period of the Year. The other aspect of these barrage would be in routing floods in river Ganga. Inter-basin transfer of water can be develop further with help of these barrages.
51. That the large surface area of reservoirs in plains will greatly affect the evaporation losses. It is observed that a substantial part of stored water would be subjected to loss due to evaporation. The evaporation losses as calculated by the pan evaporation method are maximum, when the total water availability is minimum and hence the need to control these losses is imperative. After a detailed study of factors affecting evaporation losses, suitable method to control them can be adopted. Chemical method in these particular cases would by of more practical and effective. It is anticipated that about 25% of saving in evaporation can be achieved by adopting the above method.
52. That some sites on river Ganga are identified by study of survey of India. Data regarding bed levels, slope of river, bank levels and relative height of banks and general topography of site are gathered from the detailed given on these maps. Though much detailed survey and sub surface explorations would be required to reveal the suitability of a particular site but as an initial approach for preliminary study the details regarding, pond Level, Storage Capacity, Submergence area etc. have been worked out with available data as below.
53. That the pond level of proposed barrage is fixed, ensuring that the reservoir boundary remains in the belly of the blood plains of the river. The reservoir boundary is approximately marked on the map. The surface area and storage capacity of reservoir is then worked out by dividing reservoir area into several sections.
compulsion to declare River Ganga as Reserve / Protected forest Area in view of the decision of the Hon’ble Supreme Court
54. That there is the need and compulsion to declare river Ganga as reserve / protected forest in view of the decision of the Hon’ble Supreme Court and also in view of fact that the definition of forest under forest (conservation) Act, 1980 and the Wild Life Protection Act, which provides for the protection the forest area and the wild life animals which are at the stage of extinction in our nation.
55. A point has been reached in history when we must shape out actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes.
56. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but clam state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man mist use knowledge of build in collaboration with nature a better environment. To defend and improve the human environment for present and future generation has become an imperative goal for mankind – a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and o We are also requesting the court to declare 200 metre of area on both sides of the banks as a No Development Zone and the same be transferred to the forest department for afforestation and the involvement of the affected communities for carrying out the afforestation. In fact. We are proposing that in the entire Ganga cleaning programme, wherever manual labour is required, the affected communities and displaced people should be accorded priority in providing employment.
57. That the Dolphin gangetica is a dark coloured animals measuring about 1.5 meter long. Its body us broad with a long tail and blunt snout. They have two protruding, function less eyes which do not have nectating membrane. They are a vivperous and thus give birth to the young and feel them through their nipples of mammary gland. As they can not see through their eyes. Therefore have developed a entirely different method for locating the thinks. They produce ultrasonic voice from their snout and after receiving its echo they detect their pray and path. Dolphin generally eat small fishes as their food but also like to each some aquatic weeds and algae. Thus they are omnivorous in their food habits.
58. That the Excessive poaching of these innocent aquatic animals by fishermen for the want of their flesh and oil has created threat to their existence and they are now at the brink of extinction, particularly at Allahabad. Whereas about 20 year back they were found in abundance in between Sangam and Sirsa Ghat. This water course, where the river Tones joins the Ganga provide an ideal breeding ground for these animals. Disappearance of Dolphin from the Ganga river is a biological indicator of pollution as well as it also suggest that out population particularly of the fishermen’s community is exceeding the carry capacity of the river.
59. That no more virgin land of Ganga (Flood plain/ River bed) should be colonised for further urban sprawl or industrial use. We also want the court to issue the direction to the Govt. to form a Ganga Vahini (Task Force) involving those communities which are directly related with Ganga and are dependent on Ganga for their livelihood.
60. That the Ganga Action Plan, Allahabad and Varanasi Units to submit their reports regarding untapped drains, which are mentioned in the report and explain how it has happened that despite the first phase been completeed, some of the work shown completed during the first phase are still not giving positive results effectively or have failed miserably. They should also explain as to what measures are being taken for tapping the waste water at these two places. Apart from this, they shall also indicate what remedial measures they are going to adopt to set right the failures of the first phase of action plan of river Ganga.
61. That Ganga Action Plan has not been implemented in its entirety. Meanwhile, we also direct the Senior Superintendent of Police, Kanpur Nagar, to immediately set up a River Police Force for patrolling the river to ensure that no unclaimed dead body is thrown in the river nor any illegal activity is carried out along the course of river in Kanpur.
62. That the GAP should be implemented by involving the bodies who should be authorised to construct, maintain and operate the treatment plants and undertake the river conservation work at their own level with the help of the government and they are just and with the guidance of local NGOs and professional experts. There should be total transparency maintained regarding the action which is to be taken and there should be an effort to create atmosphere to educate the people, to keep the river pollution free.The fresh cadre of river police be created in the state by the government of UP... hence the NRCD which is only made responsible to conserve the rivers may be asked to fund this project in UP.
River Police Force for patrolling the river Ganga
63. That the State Government and the Director General of Police to immediately set up a River Police Force for patrolling the river to ensure that no unclaimed dead body is thrown in the river, nor any illegal activity is carried out along the course of river.
35 major MLD sewage water discharges directly polluting to River Yamuna and Ganga at Allahabad
64. That there has been 35 major MLD sewage water discharges directly polluting to River Yamuna and Ganga. Only in Karelabagh, starting from Pan Dariba, Chachar Nala at Balua ghat the discharge of untreated sewage water into Yamuna is 40 MLD which contribute 27% total pollution. Simultaneously, the Ghaghar-Nala originates from Nakhas-kona carries the sewage sludge from Ajamal Atala, Kareli and thus contributes 20% of total pollution at Allahabad. Similarly gate no.9 and gate no.13 Drains, it carries sewage of sludge from kyadganj area and discharge pollutant in the river Yamuna, which contributes 5.4% of total pollution at Allahabad. Simultaneously a lot of small drains near Daraganj area collecting the pollutant from different area are flowing directly in the river Ganga causing pollution load 5.4% of total pollution at Allahabad. Entire Mori-gate Nala contribute 13% of pollution in Ganga river at Allahabad. The Allenganj drain, Salori drainage and Beli Nalas together put a contribution of 14.5% alone in river Ganga. Thus the analysts in the physic-chemical character of water river Ganga indicate discharge of civic industrial pollutant comprising of carbonate, Bicarbonate, BOD, COD, DO etc, by virtue of the same Ganga river water degrading and has become injurious and hazardous in contravention to the provision of The water (prevention of control of pollution) Act 1974.
65. That about 70,000 pilgrims coverage every day at Varanasi and bathe in the river. An estimated 400 bodies are cremated on the banks of the river in Varanasi every day and 9000 dead cattle thrown annually. Often half burnt bodies can be seen floating down the river. The bodies of infants and holy people like the Sadhus not cremated but washed away in the river. Another very common sight is buffaloes and elephants wallowing in the river. Another point of excessive pollution is the ‘Fecal coliform bacteria’ which is found over a lakh in number in 100 millitre of water (if the number exceeds 5000, the water is considered highly dangerous).
66. That the holy river is sinking and stinking. Worse still it is drying a slow, unnatural death. The dilution capacity of the river is highly reduced as large amounts of Ganga water is taken out of the river through canals and lift pumps for irrigation. The decrease in river flow increases the pollution level further.
Measured Details of Sewer Flow
No.
Name of Nala
CuM/Day
Approx.
1-
Main Ghaghar Nala
40,000
1A-
Ghaghar Nala 1-A
4,000
1B-
Ghaghar Nala 1-A1
200
1C-
Ghaghar Nala 1-B
750
1D-
Dariyabad Katharaghat Nala
100
1E-
Dariyabad Piplaghat Nala
30
1F-
Dariyabad Dhobighat Nala
50
2-
Chachar Nala
34,000
3-
Emergency out Fall
15,250
4-
Drain at Gate no. 9
200
5-
Drain at Gate no. 9
4,000
6-
Fort Drain No. 1
-
6A-
Fort Drain No. 2
-
7-
Morigate Nala
36,940
8-
Drains of Daraganj Area
3,000
9-
Allenganj Nala
27,100
10-
Salori Nala
27,000
11-
Jondhwal Nala
2,500
11A-
Sankar Ghat Nala
200
11B-
Rasulabad Puccaghat Nala
40
11C-
ADA Colony Nala
1,600
11D-
Jondhawal Ghat Nala
70
11E-
Sankar Colony Nala (Near Phaphamau Bridge)
10
11F-
Jondhawal Ghat Drain
70
12-
Rajapur Nala
7,000
12A-
TV Tower Nala
2,000
12B-
Sadar Bazar Nala
3,000
12C-
Unchawagarh Drain I
700
12D-
Unchawagarh Drain II
250
12E-
Beli Gaon Drain
250
12F-
Mumfordganj Drain
400
12G-
Muirabad Nala
1,000
12H-
Naya Purva Drain
60
12I-
Mehdauri Gaon Drain
200
13-
Mawaiya Nala
9,000
14-
Shivkuti Drain No. 1
20
14A-
Shivkuti Drain No. 2
10
14B-
Shivkuti Drain No. 3 (North)
1,600
14C-
Shivkuti Drain No. 4
10
14D-
Shivkuti Drain No. 5
30
14E-
Shivkuti Drain No. 6
20
14F-
Shivkuti Drain No. 7(East)
720
15-
Chilla Drain
-
15A-
Govindpur Colony Drain
-
15B-
Govindpur Colony Drain(Purani Basti)
-
15C-
Govindpur Drain No. 1
-
15D-
Govindpur Drain No. 2
-
15E-
Govindpur Drain No. 3
-
16-
Co-operative Nala
-
17-
Basna Nala
-
18-
Indira Awas Nala
250
19-
Shivpur Nala
-
20-
Lutere Nala
2,000
21-
Shastri Bridge Nala
29
22-
Kodhar Nala
6,750
23-
Nehru park Nala
500
24-
Panghat Nala
1,750
A brief description about some nalas which contributed important role in the pollution of Ganga-Yamuna water these are-
Chachar Nala: Starting from Pandariba, discharge the entire water including a part sewage and sludge near ‘Balua Ghat’ in Yamuna about 5.5 km. To the upstream of Sangam. The nala contributes about 27% of the total population in Allahabad, Since the existing pumping station is inadequate to lift the total discharge, most of the discharge finds its way into the river.
Ghaghar Nala: Originates from ‘Nakhas Kona’ carries a part of sewage and sludge from Darshan Ajamal, Atala area and Kareli Housing Board Colony, discharge in Yamuna about 6.5 km, to the upstream of Sangam. This contribution to about 20% of total pollution in Allahabad.
Gate No. 9 and Gate No. 13: It carries sewage and sludge from Kydganj area and nearly areas and discharge into river Yamuna about 3 km, to the upstream of Sangam. They together contributed to about 5.3% of total pollution in Allahabad.
Darahanj Nala: There are a lot of small drains Daraganj area, collecting the pollutants from this area flowing into the river Ganga about 3 km, to the upstream of Sangam. It carries a pollution load of 5.4 of the total pollution at Allahabad.
Emergency outfalls and Mori Nala: It meets the river about 4 km, upstream of Sangam and Mori Nala which discharges into the river about 1 km, to the upstream of Sangam contributes the 13% of the total pollution of the Allahabad.
The Nala like Fort Drains, Allanganj Nala, Salori Nala, Beli Nala etc. together contributes to about 14.5% of the total pollution of Allahabad.
EFFECTIVE FOR THE TREATMENT OF SEWAGE OF SEWAGE GENERATED AT VARANASI (SEWAGE MIXED WITH TOXIC INDUSTRIAL EFFLUENTS
67. NAGAR NIGAM: More than 175 MLD city sewage mixed with toxic industrial effluents is generated at Varanasi. The Jal Nigam has established Sewage Treatment Plants (STP) for the treatment of only 122 MLD (100 MLD at Dinapur STP + 10 MLD at Bhagwanpur STP + 12 MLD at DLW). About 53 million liter per day (MLD) untereated sewage mixed with toxic industrial effluents containing acids, alkalis, heavy metals e.g. lead, Cadmium, Nickel etc. are directly discharged into the river Ganga by the Nagar Nigam Varanasi.
68. JAI NIGAM’S SEWAGE TREATMENT PLANTS (STP): Not effective for the treatment of sewage of sewage generated at Varanasi (Sewage mixed with toxic industrial effluents) due to following:
69. No toxic heavy metal can be completely removed by these existing STP. The Jal Nigam has accepted this fact. Chief Environment Officer, UP Pollution Control Board produced a letter to this effect before the Hon’ble High Court on August 20th 1998, during my presentation of low cost effluent treatment technology to the Saree Printing Industries. Since these STP does remove toxic metals and so-called treated water is used for the irrigation of crop fields there are possibilities for accumulation of these toxic metals in the food grains and vegetables. Due to process of BIOLOGICAL MAGNIFICATION persistent chemicals may accumulate in the soil and reaches to the body of human and animals through plants leading health hazard in the surrounding areas. In the name of manuredry sludge (Which contain toxic metals) is being sold by the JAL NIGAM to the ignorant farmers and without knowing adverse effects the contaminated sludge is being used for maturing the crop and vegetable plants.
70. POLLUTOIN CONTROL BOARD: The Board constituted for the purpose has failed to function efficiently and effectively as per Environmental Protraction Act. 1986.
71. There are about more than 2500 pollution sources/industries/manufactures such as Saree Printing, Dyers, Lead Battery, Metal Processing, Electro Plating, Plastic, Rubber, Soap and Detergents, Cattle house, Cattle bathing, Hospitals, Dieses operated Motor Boats, Motor Services and work Shops, Food Product etc. Where from huge quantity of pollution are released into the River Ganga directly of Indirectly.
72. Although, effluent samples are collected for waster water quality analysis by the representatives of the Pollution Control Board from all industries, however, testing results are not provide to the concerned industries/manufactures.
73. If officers of the Pollution Control Board are asked to collect the sample under rules and industries/manufactures are asked to display & air quality testing results in their officers, it shall make clear the level of pollution induced by the industries and qualities of pollution to be removed form the system. This shall not only help in the pollution abatement but will also check exploitation of the organizations.
74. Cremation and disposal of dead bodies add another dimention of pollution. It is recorded that about 23000 to 32000dead bodies are burnt every year on two burning ghats of Varanasi named Harish Chandra and Manikarnika with the help of 8 – 10x 103 tons fire woods. During cremation of the dead bodies, 350 – 480x 108 Kcal Energy is consumed. It is also recorded that about 200 – 300 tons ash content and 140 – 200 tons half burnt flesh contents are released to holy river Ganga every from the cremation ground. Due to religious believe about 3000 human and 6000 animals dead bodies and huge quantity of minerals are also added to the river.
75. RAMNAGAR INDUSTRIAL AREA: Toxicants released from Ram Nagar Industrial estate and the town is an upstream discharge.
S. No.
Parameter
Value
1-
pH
8.65
2-
Ec(umhoc cm-1)
1040
3-
Total Alkalinity (mgL-1)
670
4-
Acidity (mgL-1)
76.5
5-
DO (mgL-1)
2.35
6-
BOD(mgL-1)
310
7-
COD (mgL-1)
767
8-
Sulphate (mgL-1)
209.3
9-
Chloride (mgL-1)
102.49
10-
Nitrate –N (mgL-1)
2.64
11-
Phosphate (mgL-1)
10.6
12-
Potassium (mgL-1)
38.33
13-
Iron (ugL-1)
14.37
14-
Copper (ugL-1)
12.5
15-
Zinc (ugL-1)
11.67
16-
Lead (ugL-1)
20.24
17-
Cadmium (ugL-1)
18.44
18-
Chromium (ugL-1)
23.53
19-
Total Coliform (MON)
14 x 105
Average of 52 samples 1997-------Total Sewage generated : 175 MLD-------Arrangement for Sewage Treatment – Dinapur – 100 MLD---- DLW – 12 MLD
Bhageanpur – 10 MLD
Number of dead bodies 3200/Year
Fire wood consumed 10 X 103 Tons/Year
Energy Consumed 480 x 108 K Cal/Year
Ash contents released 300 Tons/Year
Half burnt flesh 200 Tons/Year
Nitrogen 77,000 Kg /Year
Phosphorous 48,000 Kg /Year
Potassium 56000 Kg /Year
Floating dead bodies 3000/Year
Animals carcasses 6000/Year
LONG TERM PROPOSAL
Treatment Plants and Turtles Lessen PollutionFive thousand years ago the Ganga was not the river of choice in India. The Saraswati was the river, plentifully extolled in the Vedas, whereas the Ganga is mentioned only once. But due to climatic and geological changes the Saraswati river gradually dried up to a stream, then disappeared. The Ganga assumed preeminent sacred stature and the lore of its water's purifying and healing powers water failed through Hindu history.The high country Ganga deep in the granite folds of the Himalayas still runs with its emerald color of purity and cleanliness. But down in the factory-laden and urbanized plains the Ganga runs brownish pea-green with silt and pollution: sewage, industrial waste and corpses. To tackle the pollution, experts are farming giant snapping turtles to eat corpses, building massive sewage treatment plants and sewage diversion systems, and getting tough with polluting businesses. Prime Minister Rajiv Gandhi brewed up the Ganges Action Plan in 1986, pouring US$ 140 million into one of the most demanding river-cleanup projects undertaken in the world. The goal is to make the river's 1,568-mile length visually and chemically clean enough for fearless sacred bathing and other nonpolluting river activity.Standing on the shore of year 1993, many sewage treatment plants are operational, and the Ganga Directorate claims a significant reduction in the river's bacterial count. By 1994 there are supposed to be 35 plants. It is an urgent endeavor. By the year 2028 India's population is expected 10 have doubled, putting enormous pressure on the waterways.Taking a dip at the ghat edging the Ganga at Banaras - Hinduism's most sacred and oldest city - Dr. Veer Bhadra Mishra jokes that he hasn't been chomped into by a snapping turtle yet, possibly mistaking his still alive legs for a cadaver. Mishra, a professor of hydrologic engineering at Banaras Hindu University and a priest at one of Banaras' temples, performs his daily ablution in the Ganga dutifully, but not without squirming a bit at the river's foulness. Two of his disciples wade into the water before him, attempting to clear away foam and debris. He doesn't drink the water. He loves the Ganga dearly, believes in its sanctity, but is also equally committed to its salvation from toxic Hades, Mishra - who received the UNEP's Global 500 award for environmental service - has started his own cleanup-the-cleanup campaign. He disputes the Ganga Directorate's figures of the river project's first-phase purity, and is demanding a new system of pollution evaluation.Using his own water quality measurements along the 5-mile stretch of bathing ghats at Banares, Mishra gets figures of biochemical oxygen demand (a toxicity scale) that are twice that of the governments. He also urged the government to adopt a bacterial count measurement. Mishra notes that people bathing in the river add to its bacterial count. In an unwitting irony he says. "People should take showers before they bathe in the Ganga for spiritual purification."North of Banaras is another concern of Mishra's: new housing developments. Despite policing of the Ganga shoreline through Banaras, dumping of waste still gushes in huge quantities. Banaras is a city of 1 million with 1 million pilgrims bustling in each year. Of 655 million gallons of waste water produced every day, only 436 million gallons are treated.But not all of Banaras' citizens or pilgrims are worried about pollution. C.L. Pandey, a priest at the Kashi Vishvanath Temple, says a dip in the Ganga "gets rid of illness and infection. Even the breeze from the Ganga washes sins away." But Pandey does admit the river is dirty.And one last bit of newer technology - electric crematoriums - is helping to reduce the half-burnt corpse problem. They do a complete job of burning, cost 10% of the wood-fueled pyre and are becoming extremely popular despite fears they would be ignored.NINJA TurtlesAre there Teenage Mutant Ninja Turtles swashbuckling in the Ganga river or Banaras sewers? Or did the Ganga pollution turn turtles into mutant ninjas? Anybody who's seen the movie and seen giant snapping turtles swimming around Banaras is going to say, "Cawabunga."In one of the most snappy and controversial efforts to rid the Ganga of partially cremated bodies (or whole bodies illegally dumped up stream, thousands of 3-foot long snapping turtles have been bred to devour the problem. Out of the original US$ 140 million allocated for Ganga cleanup. US$ 32 million alone have gone into turtle farms outside Banaras. There are about 20,000 to 30,000 bodies cremated in Banaras every year and thousands more float in from up river.Since 1990, 24,000 turtles have been released. The assistant manager of the farm says they are raised on a diet of dead fish from infancy, conditioning them to go for rotten flesh in the river, but not for living bodies. When people bring a body in a bag, the turtles charge up to the shore and sometimes drag the bag off. No bitings have been reported. But there are still corpses daily floating on by.
proposal of construction of 11Barrages for preservation of water
76. That the U.N. declaration on the rights to development may include the whole spectrum of civil, religious, culture, economic, political and social process. The adherences to a sustainable development principal are a sign quo non-for the maintenance of the symbiotic balance. Thus, the concept of intergenerational equity, public trust doctrine and precautionary principles are the ingredients of our environmental jurisprudence.
77. That the Large equality of static water provides fertile breeding grounds for disease – carrying vectors. Taking timely action within its frameworks may mitigate the disaster management.
78. That the constitutional obligation issued effective orders to ensure the protection of the environment and to provide a check to the spreading pollution and thereby non compliance of anti-pollution low and the infringement thereof result in spreading of pollution and thereby degradation of ecology (Indian Council for Environ-legal Action versus Union of India in 1996(V)SCC-281).
79. The human rights people and environmental activists have approach to the Hon’ble Court through Public Interest Litigation to protect the interest of the general public. The upstream environmental and economical impacts are: -
1. Soil Erosion,
2. Micro-Climatic Changes,
3. Loss of Flora and Fauna,
4. Changes in Spawning Grounds,
5. Land slips, situation and sedimentation,
6. The water logging and solirity.
7. Impact on aquatic ecosystem.

Our constitutional democracy may enshrine the concept of welfare states, for which we
have to strive or mol to from Vedic times which is –
“Let all be happy, let all be sin free, let everyone see good in everything and there should be no suffering anywhere.”- (Benefit of all and happiness of all).
In the march of progress, the humblest and weakest should not be left behind. Taking a fish from a river and putting it to an aquarium, where it may survive, but it can never be happy.
80. Thus, the mere suggestions and measurements to protect the water of river Ganga from
pollution may not have the desirable result for having the sanctity of river Ganga being
protected amongst those who comes to have a dip at Sangam during Kumbh festival after
taking the bath from outside, as there body secretion of sweat may not pollute river
Ganga. Thus, apart from the threats of series of irreversible damage. We should also
endeavor to protect the rights of conscience, faith and religion, guaranteed under article 25
to these pilgrimage comprising of a segmentation of more than 5 crores of population
visiting Allahabad during Kumbh festival for incarnation of their sins by their strengthen
believe through mere dip, inside the holy water of Ganga Maata. Thus, the duty to protect
and to prevent environmental degradation is further intensified which shall not be used as
a reason for postponing cost effective measures due to the lack of scientific certainty.

81. The precautionary principle requires that the entire efficient be diversified for providing
manure to the agricultural produced by the proper drainage inside their and not even a single
drop of water either polluted by the chemical affinity or through bio-degradable substance
and even the water after treatment thereof may not be allowed to pour inside the holy river
Ganges.
82. The natural resources are exploited and the state with all sincerity and good intension is not able to provide the general common benefit to the people due to social conflicts arise as a natural adverse consequent , of political ambitions. The conflicts arise between people living upstream and those living downstream. Thus, when these conflicts submerges with different ideology prevalent between different social groups, the poor surviving on natural resources is dependent even to consume the sewage of the effluent class of people being drainage and poured inside the water of river Ganga which is deemed as purified water without any contaminations substance by the religious ruler population of our nation visiting as pilgrimage during Kumbh mela (Confluences). Thus, in such social conflicts, prier attention has to be paid for former group which is both financially and politically weak in consonance with the requirement contained by its provisions in the preamble, fundamental rights, fundamental duties and directive principle to take care of such deprived section of people.
Sl. No.
Site of Proposal
Useful Storage to be available in Million Cubic meter
1.
Barrage No. 1 on river Ganga at 295 Kilometer downstream of Allahabad near Village Zamania in District Ghazipur.
1335
2.
Barrage No. 2 on river Ganga at 100 Kilometer downstream of Allahabad near Village Gaipura in Mirzapur District.
1507
3.
Barrage No. 3 on river Ganga at 40 Kilometer downstream of Allahabad near Village Kokhraj in Allahabad District.
130
4.
Barrage No. 4 on river Ganga at 90 Kilometer upstream of Allahabad near Village Kalakankar in Pratapgarh District.
411
5.
Barrage No. 5 on river Ganga at 130 Kilometer upstream of Allahabad near Village Bitaura in Fatehpur District.
238
6.
Barrage No. 6 on river Ganga at 210 Kilometer upstream of Allahabad near Kanpur.
88
7.
Barrage No. 7 on river Ganga at 230 Kilometer upstream of Allahabad near Unnao.
39
8.
Barrage No. 8 on river Ganga at 250 Kilometer upstream of Allahabad near Kannauj.
52
9.
Barrage No. 9 on river Ganga at 430 Kilometer upstream of Allahabad in Farrukhabad.
156
10.
Barrage No. 10 on river Ganga at 430 Kilometer upstream of Allahabad in District Etah.
128
11.
Barrage No. 11 on river Ganga at 465 Kilometer upstream of Allahabad in District Etah.
134
Above proposal of barrages will be advantageous in following ways :-
That the storage created will be available for agricultural use during the scarcity period of Non-Monsoon. The Storage can be utilized for rapid industrialization of backward and other regions as water can be used for industries, Power station etc. This will help in the general up-liftment of the masses and will ensure adequate drinking water, supplies. The effect of pollution can be controlled by regulating flow in river. This will boost tourism by way of developing picnic spot around the reservoirs. The reservoirs can be used for developing fisheries. As a substantial part of the discharge in the river will be stored and used during monsoon period, it will go a logway in controlling floods downstream.
83. That the evaporation losses are estimated by pan evaporation method with the assumption that about 25% of these losses would be controlled by adopting suitable control method preferably chemical method.
84. That an assessment of minimum available discharge in the river is made on the basis of 10 daily discharge data at 75% dependability of Kharif crops areas are limited to the extent of minimum discharge so available. The discharge is excess of minimum discharge will be allowed to flow downstream or to fill up the pond. Thus uniform supplies for Kharif irrigation in the period of June to October can be assured. Generally it is observed that irrigation can be achieved to a great extent during Rabi and Kharif with the available supplies from barrages.
85. That excessive poaching of these innocent aquatic animals by fishermen for the want of their flesh and oil has created threat to their existence and they are now at the brink of extinction, particularly at Allahabad. Whereas about 20 year back they were found in abundance in between Sangam and Sirsa Ghat. This water course, where the river Tones joins the Ganga provide an ideal breeding ground for these animals. Disappearance of Dolphin from the Ganga river is a biological indicator of pollution as well as it also suggest that our population particularly of the fishermen’s community is exceeding the carrying capacity of the river.
86. That it is therefore our demand for declaring the above river zone as a river biosphere region should be taken in consideration by the concerned authorities and the NGOs operating all along the river course in the region should be involved in the conservation of aquatic fauna and flora of the river at the earliest.
87. That the task of policing the river does not take up the task seriously nor is it properly trained to undertake the policing of the river. Accordingly it is directed that the Govt. of Uttar Pradesh create a fresh cadre of River Police in the state. 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.
88. That the Pollution Control Board and Nagar Nigam, Allahabad have been directed to get the samples of the water of Ganga from several places and get them tested and to display the result of the analysis and file a counter affidavit by the next date indicating that the order issued by this court as also by the High Power Committee of the Chief Secretary are being implemented and carried out.
89. That the Bacterio-phases present Ganga water in unique in the scenes that it can insert its germs in almost all type of Bacteria (Host) and can bring about lyses built completes its reproductive cycle only in a specific bacterial cell. This property of Bacteria phages of Ganga coater is not known in other types of Bacteriophages. Thus no harmful bacteria can multiply or exist in the Ganga water, That’s why Ganga water does not rot or stink if stored for several days.
90. That water from the Ganga is used to cleanse any place or object for ritual purposes. To bathe in the Ganga is a life long ambition for Hindus also caste and ashes of their dead in the river belief that this will guide the sools of the deceased suffragist to paradise.
Article 48- A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Article 51- A of the Constitution imposes as one of the fundamental duties on every citizen the duty to protect and improve the natural environment including forests, lakes, rivers, and wild life and to have compassion for living creatures. The proclamation adopted by the United Nations Conference on the Human Environment which took place at Stockholm from June 5 to 16, 1972 and in which the Indian delegation led by the Prime Minister of India took a leading role runs thus:
91. That man is both creature and moulder of his environment which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man’s environment, the natural and the manmade, are essential to his well being to the enjoyment of basic human rights – even the right to life itself.
92. That the protection and improvement of the human environment is a minor issue which affects the well being of peoples and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all governments.
93. That man has constantly to sum up experience and go on discovering, inventing, creating and advancing. In our time man’s capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of manmade harm in many regions of the earth; dangerous levels of pollution in water, air, earth and living being; major and undesirable disturbance to the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies harmful to the physical, mental and social health of man, in the manmade environment; particularly in the living and working environment.
94. The Ganga Action Plan has been set up under the Indian Government bureaucracy, and is attempting to build a number of waste treatment facilities. Surprisingly, the political parties in India are not very active in the efforts to clean up the Ganga, and it is not very high in the general religious agenda. India's government has already spent over 33 million to address the overwhelming sewage problem. However, things are looking better at the beginning of 2006, as satellite images show increased water clarity in the river.
95. The most purifier of human body and soul, the pious water of river Ganga was found loosing its efficacy during 1972-1977 due to heavy input of various pollutions. Research result of 5-year investigations conducted by the auther on the quality of river Ganga water at Varanasi have been discussed first time in the Indian Parliament. Indeed it was a matter of pleasure that the Govt. of India paid attention, established Ganga Action Plan and spent more than Rs. 500 crores to prevent the Ganga from Pollution. Unfortunately work conducted during first phase was not found satisfactory. In this connection author had analyzed the water quality of river Ganga and made detailed investigation on its important pollution sources
S. No.
Parameter
Value
1.
pH
7.5 - 8.8
2.
Acidity(mgL-1)
55.8 - 69.3
3.
DO(mgL-1)
3.6 - 9.8
4.
BOD(mgL-1)
1.9 – 85.5
5.
COD(mgL-1)
5.9 - 170.5
6.
Chloride(mgL-1)
8.2 - 81.5
7.
Nitrate(mgL-1)
0.015 - 0.985
8.
Phosphate(mgL-1)
0.005 - 1.58
9.
ECU(mhos cm-1)
185 - 843
10.
Transparency(cm)
8.2 - 94
96. ". The center of legal solidarity lies not in legislation, nor in jurist’s science, nor in jurist’s decision, but in society itself.”
Legal justice, with a humane mission, must update itself to legitimize progressive urges, discern the reality of social changes and design its delivery system, so as to obviate the dominance of the Proletariat by the Proprietary and accelerate people’s access to effective, litigate justice. The contemporary command of social justice, which is also the socio-economic demand of the common people, is that the prevalent forensic astigmatism shall be corrected by sloughing off archaic, arcane authoritarian procedures, which often spawn the paradox of a wealth of abuses and a poverty of access vis-à-vis institutions of legal justice.
That accretes and frets his hour upon the stage, and then is heard no more.
“There is a land in the present age,
Where the people live in graves
Liberty, freedom all unknown,
Service and be slaves.
The people are living in free past glory of their own,
As an outright, beggars would had sung,
Well once upon a time. I was a king
When such of the attitude of the people
How can they get the freedom,
Least to talk of liberty.
Yet a certain day may come
When the people will hum
In the orchard of freedom
Taste the juice of liberty”.
(Not hearsay, not gossip, not publicity, but action.)
When Government acts in nefarious designs with impunity and is motivated with vested interests by dancing to usurp power through any means, fair or foul, even at the cost of sacrificing the Nation’s existence to personal interest. Our systems have pushed to advance its own schemes upon the ruin of the rest. Our Custodian of powers are Mafia dons next to the invaders. Robbers have generally plundered the rich, but who are seldom subjected to legislation always plunder the common citizens and protect those Mafia dons under the phraseology of “law making sovereign power” having the connotation “procedure establish under law to be cherished instead of “due process of Law”.
There is always an excuse for tyranny and mal-administration, which has degenerated the national character. The power given needs a safeguard from such arbitrary power and unfair exercise. In present set up freedom has become an abuse and liberty as license. Therefore the moral damage is more terrible. An oppressive system is more to be feared than a Tiger.
Deep needs to express thought;
Profoundly sickening to compel;
Remain silent at expression;
Limitation of freedom of thought;
Is attack on social rights;
As spiritual force is stronger;
Than any material force;
As thought leash to average conscience;
By the necessities of fatal policy;
Time is free-fold present; as we experience it in the past, and in the present memory and as in future with present expectation. These expectations cannot be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope, even leading to a moral obligation, cannot amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfillment of the expectation, where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. The protection is limited to the extent of judicial review. To strike down the expectation of an individual is adrift to the pragmatism.

Dated:- 21rd April , 2006 (YOGESH KUMAR SAXENA)
ADVOCATE
Special officer appointed by Hon’ble Court
CHAMBER NO – 139, HIGH COURT, ALLAHABAD.
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