DATTATRAYA HARI MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Advocates mentioned above representing the concerned Respondents waive service. We have heard the learned counsel appearing for the Petitioners, the learned counsel representing various Respondents as well as the learned AGP for the State on the prayer for issuing interim directions against third to sixth Respondents in PIL No.183 of 2012 (The Maharashtra Pollution Control Board, The Municipal Corporation for the City of Kolhapur, and the Ichalkaranji Municipal Council). We are issuing Rule on interim relief returnable on 22nd December, 2014 for the purposes of issuing interim directions against the other Respondents and further interim directions against all the Respondents.

(2.) By these Petitions, the Petitioners have invited the attention of the Court to the pollution caused to River Panchaganga due to release of untreated sewage water from Kolhapur and Ichalkaranji Cities into the River and various other factors. The Petitions raise concern regarding the pollution of river Panchaganga due to various factors. It is pointed out that due to pollution there was a mass spread of epidemic of Hepatitis. The third Respondent in PIL No.183 of 2012 is the Maharashtra Pollution Control board (for short "MPCB"). The fourth Respondent in the PIL No.183 of 2012 is the Municipal Corporation of City of Kolhapur constituted under the provisions of the Maharashtra Municipal Corporations Act, 1949. The fifth Respondent is the Municipal Council of Ichalkaranji which is constituted under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The aforesaid Respondents have been described with reference to their status in PIL No.183 of 2012. The cities of Kolhapur and Ichalkaranji are adjacent urban bodies. Kolhapur being the Municipal Corporation area has a larger population of more than 5,00,000. Both the cities are located on the bank of the Panchaganga River. As noted by the CSIR National Environment Engineering Research Institute (NEERI), the Panchaganga River originates in Western Ghats. It is a major tributary to the river Krishna. The Panchaganga river starts from prayag sangam of four streams known as Kasari, Kumbhi, Tulsi and Bhogawati. On north of Kolhapur it has a wide alluvial plain. Thereafter, it resumes its course eastwards. From Kolhapur, it flows for about 65 kilometers till it falls into the Krishna River at Kurundvad. The said proposal of NEERI records that increasing pollution of the river has caused serious health hazards to the residents in terms of high incidents of jaundice and other deceases. Ichalkaranji town gets water supply from River Panchangaga as well as Krishna. In the year 2012, more than 500 new cases of jaundice were reported in the city of Ichalkaranji. The main reason for pollution, as stated by NEERI, is the inadequate domestic waste water treatment facilities in the cities and other areas.

(3.) In the Petitions, it is pointed out that the areas falling within the limits of the fourth Respondent Corporation and the fifth Respondent Municipal Council are not the only areas contributing to the pollution of River Panchaganga. It is pointed out that on the bank of the said River or adjacent to the said River, there are 174 villages, various industrial estates and various sugar factories and distilleries. These villages and industries are also contributing to the pollution.