GOVINDBHAI PRAGAJIBHAI DOBARIYA, SARPANCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, in the nature of a Public Interest Litigation, seeking direction to the respondents to perform their statutory duties for preventing and controlling the pollution, and to see that the drinking water is not polluted by various industrial units located in Jetpur, who are engaged in the activities of dyeing, printing and washing sarees and clothes, the petitioners, residents of different villages of Taluka Jetpur, District Rajkot have prayed for the following reliefs:-

(2.) In the present petition, a very grave and serious problem of pollution caused by dyeing and printing industry at Jetpur has been highlighted before this Court. Jetpur is situated in Saurashtra (part of Gujarat) about 65 kms. from Rajkot city. The town of Jetpur has about 1170 dyeing and printing units. Around 40,000 workers earn their livelihood by working in such dyeing and printing units at Jetpur. It appears that the units have formed an association, named, the Jetpur Dyeing & Printing Association (for short, 'JDPA'). It appears that around 30.00 MLD water is used for washing of sarees every day and at the end of the day, the trade effluent is discharged into a pond named as "Fatal Talav". It also appears that majority of the units use their own water and space facility for washing their printed materials within their units, but those who do not have this facility, send their product to washing ghats located in the surrounding villages covering 40 kms. of the area. Some of the dyeing units, inspite of having their own washing systems, outsource their washing job to increase their daily production. It also appears that some of such washing ghats were illegally constructed and were being used without any permission or sanction from any competent authority. Such ghats have a capacity to cater to the requirement of five to seven dyeing & printing units per ghat.

(3.) It also appears that well-developed natural drainage in the surrounding area of Jetpur town tempted the dyeing & printing units to discharge their effluents directly into the nearby drainage without any treatment. This resulted in adverse effect on the water resource. To curb this problem, the authority concerned forced the units to implement the Common Sewerage Treatment plant (for short, 'CETP') for disposal of waste water. However, inspite of such steps being taken by the authority, majority of the units continue to outsource washing job to illegal ghats, and thereby, divert the untreated discharge to natural drainage, and as a result of this, the ground water pollution in streams, ponds, rivulets, rivers got contaminated thereby, directly affecting the cattle and the soil. When such water is being used for the purpose of irrigation, it result in built-up of a secondary salinization/alkalinization, affecting the production of crop.