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?
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.
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 Pollution
Five 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 Turtles
Are 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.
Five 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 Turtles
Are 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.
For further
suggestions -R/O H.I.G. 203, Preetam Nagar, Sulem Sarai, Allahabad
Phone no.0532/2637720, 2436451
Mobile 9415284843, 9451181638
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