LALIT MIGLANI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) On the oral prayer of learned counsel for the petitioner, (1) National Mission for Clean Ganga through its Director, (2) Secretary, Ministry of Environment, Forest and Climate Change, (3) Central Pollution Control Board and (4) Union of India through Ministry of Water Resources, River Development and Ganga Rejuvenation, are added as respondent nos.5, 6, 7 and 8 respectively. Registry is directed to implead those respondents in the array of parties.

(2.) The present petition, in the nature of public interest litigation, has been instituted by an advocate practicing in this Court. Petitioner has highlighted the pollution of river Ganga. According to the averments made in the petition, the authorities are remiss in discharge of their statutory duties. It is averred in the petition that the Uttarakhand Environment Protection and Pollution Control Board (UEPPCB) conducted a study and slotted the water of river Ganga in four categories: (a) being fit for drinking, (b) for bathing, (c) for agriculture and (d) for excessive pollution. The level of coliform bacteria in the river water is above the prescribed limit. The coliform found in the water should be below 50 mpn/100 ml to be fit for drinking; less than 500 mpn/100 ml for bathing and below 5000 mpn/100 ml for agricultural use. The present level of coliform in river Ganga has reached 5500 mpn/100 ml. The main cause attributed to the higher level of coliform is the disposal of human faeces, urine and sewage directly thrown into the river from its origin in Gaumukh till it reaches Haridwar. A startling revelation has been made in the petition that the sewage of 89 million litres per day (mld) is released into river Ganga from 12 municipal towns that fall along its route. The quality of river Ganga has deteriorated so much that is not fit even for taking a bath. The untreated wastewater and effluents from various units are also discharged directly into the river. The Sewage Treatment Plant (STP) at Jagjeetpur alone releases 129 million litres daily in the Ganga with a faecal coliform concentration of about 34 million/100 ml. It causes serious threats to the quality of river water as well as health hazards to million of devotees and the people who are dependent on the river.

(3.) According to the averments made in the petition, though the respondents are aware of the situation of further decreasing quality of water, but they have not taken any preventive or remedial measures. The flora and fauna dependent on the river is also adversely affected. It is not only the Municipal Corporations, Municipal Councils and Nagar Panchayats, who are directly releasing the untreated waste in the water, but several Ashrams are also throwing faecal waste in Ganga. Petitioner has highlighted that the sewer lines should be diverted away from river Ganga and the capacity of Sewage Treatment Plants be enhanced.