Gangotri Glacier onward, Bhagirathi emerges, which is now connected with Bhilangna river at Tehri Dam

 

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:-

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, Himalaya 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.

2.       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 fall 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.

3.       That the various aspect 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.

4.       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.

5.       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.

6.       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.

7.       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.

8.       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.

9.       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.

10.     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.

11.     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.

12.     That there has been 35 major MLD sewage water discharge directly powering to River Yamuna. 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 contribute 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. 

13.     That the present quality of Ganga water at Allahabad is demonstrated here with regards of various parameters during Jan 2004 of Dec 2004. The following findings were showed in following Tables and Graph.

14.     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.

15.     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.

16.     That so the programmed was provision of adequate sewerage, sewage treatment and ultimate disposal facilities should be taken on priority.

17.     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.

18.     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.

19.     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 schrtage of water. To cope up with this grave challenge, apart from better water management techniques, further harnessing of existing water recourses is imperative.

20.     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.

21.     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.

22.     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.

23.     That some sites on river Ganga are identified by study of survey of India Maps of Scale 1,50,000. 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.

24.     That the pond level of proposed barrage is fixed, ensuring that the reservoir boundry remains in the belly of the blood plains of the river. The reservoir boundry is approximately marked on the map. The surface area anf storage capacity of reservoir is then worked out by dividing reservoir area into several sections.

25.     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.

26.     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.

27.     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.

28.     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 founa and flora of the river at the earliest.

29.     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 a fresh cadre of River Police be created in the state by the 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.

30.     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.

31.     That a retired officer 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 Shir Samir 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 sanctioned for the Ganga Action Plan as also to such Non Government Organization who might have received the funds in connection with GAP.

32.     That do we have specific kind of Sewage treatment plants which can treat the City sewage mixed with the toxic Industrials effluents?

33.     That do we have proper arrangement to collect sewage from all branch sewer system of urban and suburban area?

34.     That do we have provision to establish community Treatment Plants in the densely populated urban areas to treat different kinds of industrial effluents?

35.     That do we have Sustainable Environmental Management Plant for long-term growth of the Cities?

36.     That do we have Environmentalists in our policy planning committee who are aware with the dynamics of river
Ganga Ecosystem?

37.              That Ganga water has an unique, physico/chemical charactchstic, 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.

38.           Today , the river Ganga

39.     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.

40.     That water from the Ganga has the recursive property that any inherits its healing and other holy properties.

41.     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.

42.     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 upliftment of the masses and will ensure adecute 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.

43.     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 proclmation 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:

44.     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.

45.     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.

46.     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.

47.     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 a environment more in keeping with human needs and hopes. 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 of worldwide economic and social development.

48.     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.

49.     That the tanneries at Jajmau in Kanpur have themselves formed as association called Jajmau Tanners Pollution Control Association with the objects among others :

50.     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.

51.     To procure and import wherever necessary the chemicals etc. for the purpose of pollution control in tanning industries.

52.     To set up and maintain common effluent treatment plant for member tanners in and around Jajmau.

53.     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.

54.     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.

55.     That the pre-treated effluent units are explained in the said monograph

56.     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. 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.

57.     The Ganga drains eight States Himachal Pradesh, Punjab, Haryana, Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar, West Bengal and the union Territory of Delhi.