G S HARNAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The English phrase "He will never set the Thames on fire" (corresponding in French and German to "He will never set the Seine on fire" and "He will never set the Rhine on fire") to denote the highly improbable failed to find a parallel in India when in March 1968 the newspapers carried the sensational headlines "Ganga on fire".

(2.) When the Barauni Refinery was established near the town of Monghyr on Ganga in 1964, it was required by section 12(1) of the Factories Act, 1948, to make effective arrangements for the disposal of wastes and effluents arising in the manufacturing process at the Refinery. The scheme BRD 39 prepared by it to. discharge the effluents into the Ganga was approved by the Bihar Government under section .12(2) thereof. The Refinery followed the said scheme of discharging its effluent into the Ganga. On 3rd March 1968 the water -supply to Monghyr town was suspended as oil was noticed on the surface of the water near the intake pumping sets. A fire was reported near the barge which carried the pumping sets. Again on the 6th of March 1968 there was a minor fire near the river bank. There were also reports of five or six deaths and the hospitalization of many people as a result of water pollution. The working of the Refinery was, therefore, stopped from 7th of March 1968 for sometime. Meanwhile experts made inquiries and found accumulation of oil content in the effluent matter in the sandy part of the river bed beyond the discharge point. As a consequence the effluent from the Refinery instead of discharging into the river from the effluent pipe, flowed through a channel of its own before joining the main stream. Steps were then taken to stop the flow of the effluent through the existing channel and provide an effective flow direct from the discharge point into the river. After this was done, the Refinery started functioning again. Since it was found necessary to determine what actually happened and allocate responsibility and devise steps to guard against such events in future, the Central Government appointed a Four-Member Commission (including a retired Judge of Patna High Court as Chairman) under the Commissions of Inquiry Act, 1952 (hereinafter called the Act) by the folowing notification:- "NOTIFICATION New Delhi 20th April 1968, 31st Chaitra 1890 S. Resolution No. 22(13)/68-OR.-The Government of India have decided to set up a Commission under the Commissions of Inquiry Act, 1952, consisting of the following : Chairman Sri Manohar Pershad Members Sri N. V. Modak Sri K. R. Bhide Dr. M. G. Krishna.

(3.) The terms of reference of the Commission will be as follows : (i) to determine the correct facts of the contamination with oil of the river Ganges near the downstream of the Barauni Oil Refinery during the last week of February and the first week of March 1968 (or earlier); (ii) to determine to what extent the Barauni Oil Refinery has been responsible for the happenings; (iii) to recommend the steps that must be taken to prevent the recurrence of such happenings in refineries in the future; (iv) to advise on whether there has been any negligence or carelessness on the part of the refinery management and staff in the discharge of their prescribed duties; (v) arising out of (iv) : to recommend further action, if any, that must be taken; (iv) to report on the loss or damage to the public caused by the pollution of the water and to recommend what, if any, restitution the Indian Oil Corporation should make in that connection to those adversely affected; and (vii) generally, to report on any other matter that is relevant in the opinion of the Commission.