GANGA ACTION PLAN
MC MEHTA V/S UNION OF INDIA AND OTHERS
DATE- 12TH JANUARY 1988
CITATION- 1988 AIR 1115
Facts of the Case
The writ petition filed under article 32 that empowers supreme court to hear the plea, Due to public nuisance, the petitioner filed the petition under public interest litigation to protect the interest of public at large. This issue raised the attention, business activities conducted near to River Ganga at Jajmau area, near Kanpur.
Kanpur situated at the bank of river, with large population in state of Uttar Pradesh, the matter took against kanpur nagar mahapalika (muncipal bodies and industries).
Many affidavits submitted by U.P Jal Nigam, U.P water pollution board, national environmental engineering research institute, the central leather research institute including many others. the submitted affidavit briefly explains the condition of river Ganga in Kanpur area.
The contaminated water generated from 16 nallas includes waste products from sewage, leather industries sewage water without any purification or treatment directly discharged into river Ganga,
Around 60,000 cattle, habitat near to river Ganga, these cattle’s generates heavy dungs. the heavy dung waste during rainy season flows into river Ganga due to soil erosion through disposed into nallas, canals or lakes and directly or indirectly affects the sewage system in Kanpur city.
Accordingly the sources emphasized on, 80 tanneries discharged their waste without any filtration directly into sea. Daily maximum of 55 million gallon water disposed into nallas, pumping station and other agriculture lands rest discharged into river Ganga.
On daily basis river water used by slum people for washing cloths, bathing,utensil and Wash animals. die to no proper vigilance of government authority. That increases excessive caustic soda and other dissoluble components into river.
M.C Mehta reportedly submitted the report prepared by industrial toxicology research center, council of scientific and industrial research.
the report submitted, that the contaminated water contains particles of iron with 29.200 units and 0.3 and 0.900 ML of magnesia, as per the human drinking makes unfit for drinking and bathing purpose, as per the report the drinking water must contains 0.05 of magnesia, the scale shows that the water is unfit for drinking and prone to thyroid, cholera and leptosphis mainly originates from contaminated water.
Section 114 of Mahapalika Adhiniyam 1959, Uttar Pradesh, this act empowers the mahapalika Adhiniyam to take any action against people that pollutes the environment.
section 251 provides the provision taken for the disposal of sewage.
section 369- states the removal of carcasses of dead animal.
398– power gives Mahapalika authorities to clear away noxious vegetation that increases more waste material such vegetation must be removed immediately after the orders of mahapalika authorities.
WATER PREVENTION AND CONTROL ACT
section 2(e) defines the definition of pollution which states any thing that contains the physical, biological or chemical property that contaminates the water by discharging the effluent in liquid, gaseous or solid form directly into water bodies, thus creates such contaminated water, unpurified, unfit for drinking and other purposes. such water endangered to animals, plant and aquatic life as well as for human beings.
section 3 consist of constitution of central board as noted in officials gazette. the central government shall appoints exercise the power and functions exercised by the board
the central government shall appoint the chairperson, for full time that contains full knowledge about environment. must be intelligent to deal with matters related to environment.
central government has authority to nominate not more than 5 members.
3 person shall appointed to represent the state board.
the central government shall appoints 3 person to represent their opinion on field of agriculture, fishery or industry.
the central government shall appoints 2 person having the interest in the field of corporation controlled by central government.
the central government shall appoint full time secretary having experience in any field of scientific engineering or field related to pollution control.
the central board with discretionary power had the authority to sue and be sue with name of central board by mentioning it as party to conflict, with common seal.
section 4 constitutes the power of state board as noted in the official gazette of India, the state pollution board shall have the power to exercise and perform the functions.
state government has the power to appoint the chairperson for full time and such person must qualified with skills, experiences and have the capacity to deal with the matters related to environment.
the state government shall appoint 5 persons as officials.
the state government shall not appoint more that 5 person that functions with the state
the state government shall appoints 3 person as non officials that represent the field of agriculture, fishery, trade or interest.
section 16 gives power and functions to central board that empowers them to promote awareness regarding water cleanliness to all the states respectively.
the central board gives authority to perform such functions.
the central board has the power to advise central government on matters related to protection of water bodies from pollution.
the state board confers power to resolve the disputes related to environment.
power to the central board provides guidance to state board for investigation on matters related to pollution.
the central government organised events or programmes prevent misuse of water at large and protects water bodies from pollution.
the central government with the help of mass media must organised the events that results in depletion of water pollution.
the central government has the power to collect necessary information or publish any piece of information for the welfare of public at large.
the central board has the power to put standards on water bodies, by checking the PH level so that differentiation be made which water fit for drinking or not.
the power to plan a nation wide awareness for abatement and prevention of water pollution.
the board has the authority to establish laboratories to test water samples from lakes, well or streams.
section 20 the state government has the authority to get information through survey or record the volume of streams of record the rainfall through rainfall gauge.
the state government authorities that information must given to state board, about the sewage number of people using the water without permission or with permission.
with the given information the state board has the power to gave directions to any person, to install information regarding construction or installation of machines without installation of water purifying machines.
section 21 state authority has the power to take samples to analysis water in laboratories to check the PH level fit for drinking the state board has the power to make procedures to regulate it.
section 22 empowers the state board to collect and test samples ans submit the report to state board to take affirmative actions.
section 24– if any person contravenes with the provisions of this section shall be punishable under section 43 of water prevention and control of pollution Act, 1947. As per the conditions specified by state government under section 24(3).
section 32 states that if any poisonous toxic substance found in water bodies that can deteriorate the health of living being.board has the authority to take immediate measures to take emergency operation, for removal of toxic or poisonous substances from water bodies.
Supreme Court Judgment
Due to negligence of Nagar Palika of Kanpur, river Ganga contaminated to such extend that its unfit for drinking
several steps taken by introducing Ganga action plan to prevent river Ganga from pollution but due to negligence from the part of Nagar Palika, Kanpur. the Nagar Palika directed to submit the report before the state board.
80,000 cattle’s that lives in dairy farm near must shifted away outside the skirts of Kanpur to resolve the issue of pollution, mahapalika instructed to shift the waste and dungs through transport to other places, away from Kanpur city.
Nagar palika instructed to built sewage lines in blocks or colonies, length and breadth must broaden to regulate the flow.
people do not have access to toilets that increases the risk of vulnerable diseases, so the cost to built public toilets in slum areas must be borne by Nagar Mahapalika.
strict prohibition for putting the dead bodies or semi corpse bodies into river. police authorities and Nagar Mahapalika directed by the apex court to put such practice into end.
all the new and old industries directed to install water treatment plants and the water generated from such industries must only be discharged into sea after filtration. any industry not comply with direction instructed to severe punishment.
article 51A(g) of constitution, the central government directed to enact lectures, chapters and books on environment protection for free of cost.
to raise the awareness regarding cleanliness and protection of environment, the Maha Palika instructed to celebrate environment days such as- jeep the city clean week(Nagar Nirnalikarna Saptaha),(Pura Nirmalikarana Saptaha) keep the town clean,(Grama Nirmali Karna Saptaha) keep the village clean week. the government of India directed to take initiative all over India.
in any similar cases, the same decision would apply to all the cases where river Ganga flows.