GANGA POLLUTION Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri A.K. Gupta, learned Amicus Curiae, Sri A.K. Mishra, learned Senior Counsel for the Allahabad Development Authority, Shri M.C. Tripathi, Additional Chief Standing Counsel for the State, Sri S.D. Kautilya, learned counsel for Nagar Nigam, Allahabad, Dr. H.N. Tripathi, learned counsel for the U.P. Pollution Control Board and Shri Ajay Bhanot for the Union of India. Affidavits have been filed on behalf of the State of U.P., Allahabad Development Authority, Nagar Nigam, Allahabad, U.P. Pollution Control Board and the Union of India.

(2.) Sri A.K. Gupta, learned Amicus Curiae, has filed an application annexing the various reports published in the newspaper regarding adverse effect on account of flooding of river Ganga and the damage caused to the two newly constructed STP's i.e. STP at Salori and STP at Rajaput. Sri A.K. Gupta, learned Amicus Curiae, stated that this year the flood water reached 86.72 metres at Phaphamau while at Chatnag the maximum water level reached 86.2 metres which were slightly less than the highest flood level recorded in the year 1978. It is stated that more than 75 villages were inundated and submerged due to flood in District Allahabad and more than 2/3rd area of the city side was also badly affected by the flood. It has been stated that several colonies on the river bank were flooded and water submerged the ground floor of several houses endangering the life of various houses in those localities. It has been submitted by Sri A.K. Gupta, learned Amicus Curiae, that inspite of the order of this Court dated 22.4.2011, restraining construction activities within 500 metres from the highest flood level, illegal construction of houses continued and the Allahabad Development Authority has failed to check such illegal construction which was its obligatory duty entrusted to it under the Uttar Pradesh Urban Planning & Development Act, 1973 as well as under the order of this Court dated 22.4.2011.

(3.) Sri A.K. Mishra, learned Senior Counsel appearing for the Allahabad Development Authority has fairly submitted that several illegal constructions have come up in the localities adjoining to the river Ganga. He further submitted that the Allahabad Development Authority has taken measures to videograph the place up to which flood water reached this year. It is submitted that the extent of reach of flood water has been complied in six Compact Disc (CD) which he produced in the Court.