NIRBHAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LUDHIANA is the most affluent, prosperous and largest city of Punjab. The city stands on the old bank of river Sutlej, which is situated on the northern side of Ludhiana city, approximately 15 kilometers away from the City Center. Ludhiana is also known as Manchester of India, being one of the most industrialized towns of northern India. The industries housed in Ludhiana are engaged in manufacture of woollen garments, cotton and synthetic yarns. As per a survey, 95 percent of the country's woolen industry is located in Ludhiana. 30 percent of the country's cotton industry is also based at Ludhiana. 1/3rd of the total power available in the State of Punjab is consumed in Ludhiana only. The steel based industry situated in this city consists of cycle and auto parts and foundries. Besides this, rubber based industry manufactures tyres and tubes. As much as 70 percent of the country's cycles and cycle parts are also manufactured at Ludhiana. Industrialization and development had their fallouts too. What ails Ludhiana is suffered by Budha Nullah.

(2.) BUDHA Nullah is a seasonal water -stream and passes through the highly populated Ludhiana district. As per the survey carried by the Department of Science, Technology and Environment; Budha Nullah originates from village Kumbh Kalan and its confluence point with the river Sutlej is near village Valipur. Budha Nullah has a sinuous course and the width of the channel varies from place to place. It is a flooding stream during the rainy season.

(3.) FIVE writ petitions, out of which two have arisen out of a suo -motu notice taken by this Court, have been on the board of this Court for long. They all concern Ludhiana and Budha Nullah. The issues raised in these writ petitions essentially are the concerns of all well -meaning citizens, i.e. how to make Ludhiana and Budha Nullah pollution -free and ensure public hygiene so that the contaminated water passing through Budha Nullah, which ultimately merges in the river Sutlej, does not become a source of health hazard and cause epidemic. During the course of various hearings, CWP No. 7036 of 2005 titled as 'Nirbhai Singh v. State of Punjab' became the lead case to evolve a comprehensive plan and strategy to make Ludhiana and Budha Nullah free of the ill -effects of rapid, haphazard and unplanned industrial growth.