M C MEHTA Vs. STATE

JUDGEMENT

(1.) "Water, water everywhere, Nor any drop to drink" wrote S.T. Coleridge in "The Ancient Mariner". Shall such a contingency befall majority of the populace of Cuttack city is the primary concern of petitioner, a practising advocate of the Supreme Court and General Secretary of the Indian Council for Enviro-Legal Action, a registered voluntary organisation. He has filed this writ application for a writ of mandamus to protect the health of thousands of innocent people living in Cuttack and adjacent areas, who are suffering from pollution being caused by the Municipal Committee, Cuttack and the S.C.B. Medical College Hospital, Cuttack, Several acts of the aforesaid authorities and the State of Orissa are alleged to be in violation of Article 21 of the Constitution of India, the National Health Policy, the Environment (Protection) Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The provisions of the last named Act being the pivotal statute in this application, the same is referred to as the 'Act' hereinafter.

(2.) Since the allegations were found to be horrid, the Orissa Legal Aid and Advice Board was directed by this Court to engage a Senior Counsel for the petitioner. Notices were issued to the Health Department of the State of Orissa, the Municipal authorities, the authorities of the S.C.B. Medical College Hospital and the State Prevention and Control of Pollution Board (in short the 'Board').

(3.) Counter-affidavits have been filed by the aforesaid authorities and the functionaries.