JUDGMENT

HANSARIA, J.- Nainital, a beautiful butterfly, is said to be turning into an ugly caterpillar. According to the petitioner, this is due to: (1) water pollution; (2) air pollution; (3) noise pollution; and (4) "VIP pollution". This has naturally caused concern to all nature lovers and environmentalists, apart from the enlightened residents of Nainital. The concern has been felt to such an extent that a "Save Nainital Workshop" was organised by none else than the Department of Tourism and Environment of the U.P. Government in September 1989. In this workshop many papers were presented on different aspects highlighting sudden rise in vehicular traffic, illegal construction, encroachment and squatting, clustering, noise pollution, vanishing greenery resulting in landslides on Cheena Peak, maintenance of drains and pollution in the lake which has virtually become a dumping ground for rubble and public sewage. Despite organising of such a workshop, nothing much seems to have been done to preserve the pristine beauty of Nainital. Hence, by this petition Dr Rawat, who is a member of social action group called "Nainital Bachao Samiti", has approached this Court seeking its assistance to pass such orders and give such directions as would prevent further pollution of already suffocating Nainital.

2. The environmental degradation has taken place, inter alia, because of increase in pollution, overgrazing, lopping and hacking of oak forests, forest fires, landslides, quarrying etc. The pollution in the lake is because of both inorganic and organic causes. The nearby minerals, namely, manganese, lead salts, copper, cobalt and zinc make the lake toxic for life-forms. The discharge of waste water into the lake is another polluting factor. But the most potent source of pollution is, as mentioned in the booklet "One Hundred and Fifty Years of Nainital", whose co-author is none else than the petitioner (the other author being one Deepak Singhal, who at the relevant time was District Magistrate, Nainital) "human faeces from leaking sewers" (page 51). The throwing of plastic bags and dumping of other materials have added to the throes of the lake. The growing traffic, with the growth of the town and big turnout of tourists, has contributed much to the environmental pollution. The increased traffic has in its wake brought noise pollution. The petitioner has said something about "VIP pollution" also.

3. By an order dated 14-7-1994, this Court had felt it fit, after having gone through the petition, to appoint a Commissioner for local inspection and to give report on the following points:

"(i) Whether construction of buildings in catchment area of Nainital lake is still going on.

(ii) Whether Ballia Ravine through which the outflow of the Nainital lake water passes during the rains is in a dilapidated condition and on a fragile base.

(iii) Whether hill cutting and destruction of forest is going on in catchment area of lake and in Naini Hill especially due to construction of buildings.

(iv) Whether water of lake is being polluted by human waste, horse dung and other wastes.

(v) Whether heavy vehicles ply on the Mall Road, bridle paths on the hill sides and other vehicles ply on Bara Bazar and Talli Tal Bazar."

4. The District Judge, Nainital, was directed to appoint an advocate of that court as a Commissioner. He appointed Shri P.C. Pande, who submitted his report on 2-9-1994. A perusal of that report shows that on local inspection it was found that the lake has turned dark green with an oily surface and is now full of dirt, human faeces, horse dung, paper-polythene bags and all sorts of other waste. Most of the sewer lines which leak, ultimately disgorge the faecal matter into the lake through the drains which open into it. The Commissioner also found that wherever the drains open at the shores of the lake, big heaps of rubble used in construction of the buildings are collected and these materials ultimately settle down on the shores of the lake ther