1. Petition seeking directions to prevent environmental degradation, including water, air, and noise pollution, and illegal construction in a hill station. (Para 1 , 2 )
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1995 Supreme(SC) 365
SUPREME COURT OF INDIA
A.M. AHMADI, C.J.I. AND B.L. HANSARIA AND S.C. SEN, JJ.
DRAJAY SINGH RAWAT
Versus
UNION OF INDIA AND OTHERS
Writ Petition No. 694 of 1993{Under Article 32 of the Constitution of India}
Decided on 9-3-1995
Advocates appeared:
J.S. Attri, Pradeep Misra, Randhir Jain, Ashok K. Srivastava, C.V.S. Rao and R. Narasimhan, Advocates, for the appearing parties.
Important Points
The Court emphasized the urgent need for preventive and remedial measures to combat environmental degradation in Nainital, directing the ban of multi-storeyed constructions, prevention of sewage entry into the lake, and making illegal tree felling a cognizable offence to preserve ecological balance.
Subject
Environmental Law - Pollution Control and Ecological Preservation
Act Referred
Headnote
Appoint a Commissioner for local inspection - Court Seeking its Assistance to Pass such Orders - Illegal Felling of Trees - 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 – Held, overflow of the water from the lake passes through it. But the revetment walls of the Nala have either given way or cracked at several places because of which the water seeps in the rocky wall endangering its existence. The point where Ballia Nala enters Ballia Ravine was found to be in shambles, as large cracks had developed owing to landslides and continuous soil erosion. In the year 1989 there was a big landslide causing death of 28 persons. The main cause of the landslides has been attributed to the blasting and felling of trees which was done to construct a motor able road. Plying of heavy vehicles is said to be endangering the fragile hill slopes - collusion of Forest Department officers has been mentioned as one of the causes of the illegal felling of trees - It has been stated that the forest offence is compoundable and the maximum compounding penalty is Rs 5000, whereas the approximate value of the illegally cut trees varies between depending upon the quality of the tree. As a person becomes owner of the tree after payment of the penalty, this has increased tree felling - Petition is disposed of
Legal Category Hierarchy
- environmental law
-
administrative law
- monitoring and oversight (Para 8)
Advocates:
A.K.SRIVASTAVA, C.V.SUBBA RAO, J.S.Attri, PRADIP MISHRA, R.NEDUMARAN, RANDHIR JAIN
A.K.SRIVASTAVA, C.V.SUBBA RAO, J.S.Attri, PRADIP MISHRA, R.NEDUMARAN, RANDHIR JAIN
Table of Contents
2. Petitioner contends that unchecked pollution, illegal construction, and administrative failure are destroying the ecological balance and pristine beauty of the region. (Para 1 , 2 )
3. Local inspection revealed severe pollution from sewage, unauthorized construction, forest destruction due to low compounding penalties, and fragile infrastructure endangered by heavy vehicles. (Para 4 , 5 )
4. Urgent preventive and remedial measures are necessary to stop environmental degradation when administrative inaction leads to ecological collapse and public danger. (Para 7 )
5. Directions issued to prevent sewage discharge, ban multi-storeyed complexes, make illegal tree felling cognizable, restrict heavy vehicles, and establish a monitoring committee. (Para 7 , 8 , 9 )
6. How should illegal tree felling be addressed to prevent forest destruction in ecologically sensitive areas?
The court held that the offence of illegal felling of trees should be made cognizable to deter such activities, particularly when existing compounding penalties are lower than the actual value of the illegally cut trees. (Para 5 , 7 )
7. What measures are necessary to protect a lake from urban pollution and siltation?
Sewage water must be prevented from entering the lake, building materials must not be heaped on drains to prevent siltation, and animal waste must be managed by shifting stands or restricting movement. (Para 4 , 7 )
8. How should urban development be regulated in ecologically fragile hill areas to prevent degradation?
Multi-storeyed group housing and commercial complexes should be banned in town areas, allowing only small residential houses on flat areas to prevent hill-cutting and forest destruction. (Para 5 , 7 )
9. What is the impact of heavy vehicular traffic on fragile hill slopes and how should it be managed?
Heavy vehicles endanger fragile hill slopes and contribute to noise pollution; therefore, their plying on sensitive roads and bridle paths should be restricted or banned. (Para 5 , 7 )
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
