The proclamation adopted by the United Nations Conference on the Human
Environment that 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.
5. 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). 6.
That the coliform count (measure of human/animal bacteria) in the Ganges is in
some places 140,000, 23,000 and 43,000. the highest count should not be above
500 for the water in the considered safe. The Bio-Chemical Oxygen Demand
(measures organic waste) in some places along the Ganges in 36, 75 and 64. The
safest required level of Bio-Chemical Oxygen Demand should not exceed 3. 7.
That some 300 million gallons of waste go into the Ganges each day and the
effects are stunning recent water samples collected in Varanasi revealed
fecal-coliform counts of about 50,000 bacteria per 100 milliliters of water.
10,000% higher than the government standard for safe river bathing. The result
of this pollution is an array of water-home diseases including cholera,
hepatitis, typhoid and amoebic dysentery. An estimated 80% of all health
problems and one-third of deaths in India are attributable to water-borne in
diseases. 8. That the undertaking given on behalf of the State Govt. for
release of 1,000 cusec water from Narora w.e.f. 10.12.2006 regularly on
day-to-day basis upto 16.2.2007 has been flouted. It is submitted that by an
order dated 15.11.2006 followed by the meeting held on 26.11.2006, it was
brought during the course of deliberation the technical committee which was
formulated earlier, deliberated the various pros and cons with regard to the
aforesaid release and the appropriate steps were directed to be taken to seek
full coordination and cooperation from the State of Uttaranchal. 9. That in
this regard the report submitted by the authority during the discussion of high
level committee has in itself admitted that although the date of the release of
water from Narora was allegedly changed from 10th December, 2006 to 14th
December, 2006 for release of 1000 cusecs of water and it was further assured
that from 23 December 2006 there shall be the release of 1500 cusecs of water
released. This was assured as the emergent steps taken for ensuring the trust
of the pilgrimage assembling for taking the holy dip inside the water river
Ganga Ji on PURNIMA BATHE of the spiritually connected Sanyasi, who have denounced
the worldly affairs in the search of the ceremonial rituals as to step up for
spiritual enlightenment. 10. That upto 2nd January, 2007 and till the time of
taking the dip in side the water of holy Ganga at 8.30 A.M., there was not the
sufficient water even for taking the dip by the religious persons and the
colour of water was greenish black and as such 45% of the pilgrimage have
declined to take dip at Sangam. These people have assembled from the different
corner of the country and inspite the claim of having the bathe taken by around
15 Lacs pilgrimage out of 60 Lacs people assembled there, there was hardly
50000 – 60000 people who have actually taken the bathe. 11. That the reason for
non-supply of the water was that although, it was claimed that the water was
released from Narora to the tune of 1000 cusec from 14th December, 2006, but
the water was consumed at Kamla Nehru and Kisanganj canals. It was also found
that 600 cusec of remaining water was consumed at Dalmau and as such, instead
of maintaining the supply of the water to the tune of 1000 cusec w.e.f.
14.12.2006 and 1500 cusec of water since 23rd December 2006, no such water was
made available during KUMBH FESTIVAL to its pilgrimage assembled from the
different corner of the country. 12. That the other direction given by the
Hon’ble Court as to maintain the quality of the water free from the effluents.
It was directed that no effluent be thrown directly inside river Ganges during
night and unchecked hours. It is submitted that the sewage and silage providing
the water injurious for the health of individual taken dip inside river Ganga
for auspicious blessing was supplied through Mori Gate Nala and Salori Nala
even during the day time. The proposed tapping of the polluted water was still
a dream, inspite the directions issued by this Hon’ble Court in the judgement
given on 11.1.2005 in the Public Interest Litigation bearing writ petition no.
654 of 2005 (Sri Daya Shanker mishra Advocate Vs, State of U.P. and others).
For the kind perusal the relevant paragraphs is reproduced as under :- “ (ii)
As far as drainage, sewerage water is concerned Authorities may ensure for
their temporary storage, if and as far as possible during aforesaid period in
Clause (i). Effluent treatment plant, not in working condition, if belong to
State Government/ Corporation etc. under article 12, Constitution of India,
they shall be made functional without raising excuse of paucity of funds within
ten days. State Government is directed to issue necessary direction and provide
adequate funds for aforesaid purposes.” 13. That the District Magistrate,
Kanpur Nagar submitted the status report dated 19.12.2006 in which it has been
pointed out that 430 Million liter per day is the waste effluent mixed with
water discharge at Kanpur Nagar, out of this discharge 36 M.L.D. is treated as
four pumping stations in which 130 M.L.D. water mixed with 36 M.L.D. treated
water is used for irrigation purposes. It has been submitted that there are 402
tanneries out of which 205 tanneries are indulged in tanning of leather by
chromium. The chromium treatment plant are available only in 117 tanneries,
while 49 members of the tanneries group have deposited the money for common
chromium treatment plant. It was found that 39 tanneries were supplying the effluent
without chromium treatment and as such all such tanneries have been sealed.
There was again the lock-up given to 9 more tanneries and all 29 units indulged
in manufacturing the oil, glue and manure have been closed and the fornes of 21
glue factories providing unchecked pollution inside the river Ganga have been
completely vanished. 14. That the District Magistrate, Kanpur Nagar has
submitted in his report that there are 21 drainage located at Kanpur Nagar,
which has the discharge of 400 M.L.D. waste water with bio-degradable
substance. The Sisa-mau drainage alone discharge 162 M.L.D. water and as such
the remaining 250 M.L.D. water is directly mixed up with the water of river
Ganga. The proposed 200 M.L.D. A.T.P. Plant may start functioning upto the year
of 2009. There is also the water mixed inside river Ganga from Ram Ganga and
Kali Nadi. The water of both the river is blackish in colour. Thus the quantity
and quality of the water released from the territorial limit of Kanpur Nagar is
minimum as there is no chromium added water inside river Ganga. The sample was
taken from Sirathu and it was found that the water is colourless at Sirathu.
15. That the industrial waste has been discharged directly into river Ganga
from Kanpur Nagar through 23 drains out of which 4 drains are still untapped.
There has been the mixing of the effluent directly inside the wastewater
through tanneries still located without chrom treatment plant. This Hon’ble
Court by its different orders passed on 24.5.2006, 24.8.2006, 6.9.2006,
15.11.2006, 13.12.2006 and 21.12.2006 had directed the different authorities,
including the District Magistrate, Allahabad, S.S.P. Allahabad, U.P. Pollution
Control Board having its headquarter at Lucknow. 16. That the question arises
that from where the colour of river Ganga is converted to blackish colour. It
was found that the maximum effluents are discharged from Mori Gate drainage as
well as from Salori drainage, where the water is still untapped as is being
disclosed by the General Manager of U.P. Jal Nigam Allahabad during the course
of discussion on 6.1.2007. 17. 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. 18. There has been 35 major MLD sewage water discharge directly
powering to River Yamuna. Only in Karelabagh, starting from Pan Dariba, Chachar
Nala at Balua ghat the discharge of untreated sewage water into Yamuna is 40
MLD which contribute 27% total pollution. Simultaneously, the Ghaghar-Nala
originates from Nakhas-kona carries the sewage sludge from Ajamal Atala, Kareli
and thus contribute 20% of total pollution at Allahabad. Similarly gate no.9
and gate no.13 Drains, it carries sewage of sludge from kyadganj area and
discharge pollutant in the river Yamuna, which contributes 5.4% of total
pollution at Allahabad. Simultaneously a lot of small drains near Daraganj area
collecting the pollutant from different area are flowing directly in the river
Ganga causing pollution load 5.4% of total pollution at Allahabad. Entire
Mori-gate Nala contribute 13% of pollution in Ganga river at Allahabad. The
Allenganj drain, Salori drainage and Beli Nalas together put a contribution of
14.5% alone in river Ganga. Thus the analysts in the physic-chemical character
of water river Ganga indicate discharge of civic industrial pollutant
comprising of carbonate, Bicarbonate, BOD, COD, DO etc, by virtue of the same
Ganga river water degrading and has become injurious and hazardous in
contravention to the provision of The water (prevention of control of
pollution) Act 1974. 19. That the effluent discharged at river Yamuna is
maximum from main Ghaghar Nala and Chhachhar Nala, which is in the tune of
41015 K.L.D. and 31065 K.L.D. respectively. The sewerage discharged at Mori
Gate Nala is 33885 K.L.D. while the Salori Nala is discharging the maximum
40987 K.L.D. 20. That the Hon’ble Court has taken note with regard to the
tapping of Mori Gate Nala and lifting through Pump to Alopi Bagh sewerage
pumping station and from where it will be taken to Gau Ghat and finally at
Naini. It is submitted that as per the assurance given to the Hon’ble Court,
the water was still accumulated near Mori gate for last so many days on
2.1.2007 and the fall smell had started coming out from there and the General
Manager, U.P. Jal Nigam had shown his incapability to lift such water as per
the undertaking given by the learned Advocate General on 13.12.2006. 21. That
at about 6.00 P.M. on 10.1.2007, the undersigned Advocate was informed on
Telephone that the learned Advocate General is scheduled to arrive from Delhi
to Bamrauli Airport and as such he was directed by the personal Secretary to reach
at the residence of Learned Advocate General at 7.00 P.M. as he may proceed to
ARDH-KUMBH MELA for inspection of the water. On account of previous commitment
and the involvement of the undersigned advocate in the other listed and
unlisted matters scheduled for preparation, he requested to his colleague Sri
Alok Sharma Advocate to visit the site. It was informed by Sri Alok Sharma
Advocate that he has personally inspected the quality of the water and the
level of river Ganga at SANGAM alongwith the Learned Advocate General. Shri
Alok Sharma Advocate has also intimated to the learned Advocate General the
genuine difficulty of the undersigned Advocate for reaching at SANGAM by giving
a very short notice regarding the arrival of Learned Advocate General at Allahabad.
It was requested that at-least one day prior notice may be given to the Special
Officer for visiting the site for inspection alongwith learned Advocate
General. Extract of the previous Report Submitted by undersigned Advocate
(Special Officer) 0n 21.4.2006 to the Hon’ble Court 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 completed, 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. 8. 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. 9. That the GAP should be
implemented by involving the bodies who should be authorised to construct,
maintain and operate the treatment plants and undertake the river conservation
work at their own level with the help of the government and they are just and
with the guidance of local NGOs and professional experts. There should be total
transparency maintained regarding the action which is to be taken and there
should be an effort to create atmosphere to educate the people, to keep the
river pollution free. The fresh cadre of river police be created in the state
by the government of UP... hence the NRCD which is only made responsible to
conserve the rivers may be asked to fund this project in UP. River Police Force
for patrolling the river Ganga 10. 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 11.
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
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