SUBHASH C. PANDEY Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS application was filed under Section 14 of the National Green Tribunal Act, 2010 by the Applicant raising the issue with regard to pollution in the commonly known Shahpura Lake of Bhopal. It was submitted that the aforesaid water body has a catchment area of about 8.29 sq. kms. and most of the area around the lake is surrounded by dense human habitation including high density slums. The aforesaid water body, as per the Application is 'lake' and as per the Respondents, it is only an 'oxidation pond'. Due to the surrounding areas of the lake being densely populated both the untreated domestic and industrial effluents as well as the solid waste enters the lake. As a result of the same, the water is highly polluted with high BOD and COD levels so also there is a decline in the ambient air quality around the lake and even the ground water in the vicinity has also become polluted. It was submitted that cultivation of fish is being carried out in the polluted water of the lake and used for human consumption being unmindful of the fact that as a result of the pollution in the water, the fish can be unfit for human consumption. It was also submitted that the polluted water is let out from the lake to flow into the outlet nallah from where it reaches the Kaliasote river and subsequently the Betwa river and the same water is used for irrigation purpose and vegetables are cultivated. These vegetables reach the market and being unmindful of the source from where such products are coming, they are consumed by the inhabitants of the area affecting their health. The Applicant submitted that tests have revealed that the water of the Shahpura Lake fell short of the parameters prescribed for drinking purpose over a period of time and it was submitted during the course of hearing that of late, it has become unfit for bathing and even for washing clothes.

(2.) IT was submitted that water from various nallahs and drains that feed the lake pass through the colonies namely Panchsheel nallah, Manisha Market nallah, Chuna Bhatti nallah, etc. some of which are flowing in close proximity of the congested and densely populated slums from where lot of solid waste is also being thrown into these nallahs which eventually enters into the lake and even untreated and unregulated sewage from these slums directly enters the lake through such nallahs. It was prayed by the Applicant that the Respondents be directed to take immediate steps against discharge of untreated sewage and dumping of solid waste as well as hazardous waste into the Shahpura Lake and improve the quality of the water within a time frame and till then stop the use of water for fishing and irrigation purposes. It was also submitted that recreational activities around the lake must be regulated and people must be warned not to use the water as the water in the Shahpura Lake is highly polluted and unfit for human use.

(3.) AFTER receiving the application, vide order dated 02.07.2013, the Tribunal issued notice to the Respondents in response to which the Respondents have put in their appearance and prayed for time to submit their replies.