RAKESH KUMAR JHA Vs. JHARKHAND STATE HOUSING BOARD

JUDGEMENT

(1.) GETALSAD reservoir is a major source of drinking water supply to the town of Ranchi. It is said that Harmu river and its tributaries carry water into that reservoir. This writ petition is filed by the petitioner, a resident of the town of Ranchi, praying for the issue of a writ of mondamus directing the Jharkhand State Housing Board, Ranchi. The Regional Development Authority. The Ranchi Municipal Corporation and the Jharkhand State Pollution Control Board to stop the discharge of sewage and other hazardous effluents into Harmu river. The petitioner seeks a direction, especially to the Housing Board to provide an effective sewage system, especially in Harmu Housing Colony in Ranchi and for installing a sewage treatment plant for purifying effluents before they get into Harmu river and its tributaries. There is also a prayer for issue of a direction to the Housing Board and the Development Authority not to violate Sec. 78 of the Jharkhand State Housing Board Act, 2000 while exercising their respective statutory powers and while sanctioning or approving building plans or permitting other constructions in respect of Housing Schemes under Sec.28 of the Housing Board Act. A further prayer has been made for issue of a direction to the Housing Board, the Development Authority and the Municipal Corporation to provide all the amenities contemplated by Sec.28(4) of the Housing Board Act and Regulation 44 of the Housing Board Regulations, The State Pollution Control Board has been impleaded with all the allegation that the same was not doing anything to enforce the Environmental Protection Act, the Air Prevention & Control of Pollution Act, 1981, the Water (Prevention & Control of Pollution) Act, 1974 and other laws relating to protection of environment. In short, the allegation against the Pollution Control Board is that it is not performing its statutory duties, it is aiding and abetting pollution and doing nothing to prevent or control it. The petitioner submits that the writ petition has been filed in public interest.

(2.) THE Ranchi Regional Development Authority and the Municipal Corporation In their respective counter -affidavits have adopted negative attitudes. After questioning the maintainability of the writ petition as a public interest litigation, they have gone on to assert that the entire responsibility is that of the Housing Board. Except merely denying the allegations in the writ petition regarding the letting in all sewage and other effluents into Harmu river and its tributaries neither the Development Authority, nor the Municipal Corporation has set out the steps, if any, they have taken to control pollution, especially water pollution, in the context of the present case and the steps they are taking to enforce the laws dealing with environmental protection. The counter -affidavits filed by the Ranchi Regional Development Authority and the Ranchi Municipal Corporation clearly evidence their apathy in the matter of keeping the environment clean and in the matter of ensuring implementation of the laws enacted for protection of environment. The Pollution Control Board, which is the created authority to ensure that pollution is controlled, if not prevented, has admitted that water in Harmu River and Argora Nalla near Tapoban Mandir when analyzed was found to contain pollutants very much above the normal range of water and made the water harmful for consumption. On a similar test of water from near Harmu Road Bridge, that was also found to be polluted and harmful for consumption. There is no plea save the plea that it has sent letters requesting the Housing Board and the Municipal Corporation to seek consent from the Pollution Control Board for discharge of domestic/sewage effluents in terms of Secs. 25 and 26 of the Water (Prevention & Control of Pollution) Act, 1974 and to take necessary steps for construction of a sewage treatment plant and about of the follow up steps, if any taken in that behalf. It is pleaded somewhat apathetically, that in spite of several notices sent to the Housing Board and the Municipal Corporation, no steps are being taken by them so far. We must say that the counter affidavits make sorry reading. It reflects the total lack of will and the inefficiency of the Pollution Control Board for enforcing and in enforcing the Environmental Protection laws. It also shows that the powers available to it under the various enactments are not even attempted to be used by the Board so as to ensure public health and to ensure that pollution is controlled, if not prevented altogether. It is unfortunate that a body created for the purpose of enforcing Environmental Protection laws has not done anything effective to achieve the objects sought to be achieved by the mandate of the Constitution and it has become merely an agency to look on when Environmental Protection laws are flouted with impunity and occasionally even siding with the violators. It is high time that the Pollution Control Board of our State which should be committed to the cause of environment, public health and public interest, takes positive steps in this direction.

(3.) IT is thus clear, even on the pleadings, that there is a serious contamination of the water flowing into Harmu river and its tributaries and it is the duty of the authorities concerned to prevent pollution in terms of the Water (Prevention & Control of Pollution) Act, 1974 and the other protection laws.