A.S. OKA, J.

OVERVIEW

1. As per the administrative order dated 26th October 2016 passed by Hon’ble the Chief Justice, this PIL has been specially assigned to a Bench presided over by one of us (A.S. Oka, J.). This petition was substantially heard in November 2017, but was adjourned for various reasons including the reason of pendency of a writ Petition challenging acquisition of land for setting up a Sewage Treatment Plant. Lastly it was heard on 1st November 2018.

2. This Public Interest Litigation concerns pollution of river Godavari. River Godavari is the second longest river in India after the river Ganges. It is popularly known as “Dakshin Ganga” (Ganges of south). River Godavari is one of the main sources of water supply to the city of Nashik. The orders passed from time to time in this PIL will show that considering large scale pollution of the river due to various reasons, several steps are required to be taken for rejuvenation of the river and for preventing pollution of the said river.

3. Apart from the doctrine of public trust and Article 51A(g) of the Constitution of India, even in ancient times, the importance of rivers was well recognised. This fact is noted by the Apex Court in the case of Association for Environment Protection Vs. State of Kerala and Ors., (2013) 7 SCC 226 in paragraph 1 which reads thus:

“Leave granted. Since time immemorial, people across the world have always made efforts to preserve and protect the natural resources like air, water, plants, flora and fauna. Ancient scriptures of different countries are full of stories of man’s zeal to protect the environment and ecology. Our sages and saints always preached and also taught the people to worship earth, sky, rivers, sea, plants, trees and every form of life. Majority of people still consider it as their sacred duty to protect the plants, trees, rivers, wells, etc. because it is believed that they belong to all living creatures.”

(emphasis added)

4. The petitioners are citizens of India who are residents of Nashik. The substantive relief claimed in this PIL is to issue a direction to the respondents to clean the polluted Godavari river. Godavari is India's second longest river after the Ganges. Its source is in Triambakeshwar near Nashik. It flows for approximately 1,465 kilometres draining the states of Maharashtra, Telangana, Andhra Pradesh, Chhattisgarh, Madhya Pradesh, Odisha, Karnataka and Puducherry and emptying into Bay of Bengal through its extensive network of tributaries. Measuring up to 312,812 sq km, it forms one of the largest river basins in the Indian subcontinent, with only the Ganges and Indus rivers having a larger drainage basin. In terms of the length, catchment area and discharge, the Godavari river is stated to be the largest in peninsular India. The river has been revered in Hindu scriptures . There are 350 or more major or minimum dams and barrages constructed in the Godavari river basin. It has many tributaries such as Kadva, Shivana, Purna, Kadam, Pranahita, Indravati, Taliperu, Sabari, Nasardi, Darna, Pravara, Manjra etc.

5. What Pandit Jawaharlal Nehru once said about Ganges equally applies to Godavari. He said thus:

“The Ganga, especially, is the river of India, beloved of her people, round which are intertwined her memories, her hopes and fears, her songs of triumph, her victories and her defeats. She has been a symbol of India’s agelong culture and civilization, ever changing, ever flowing,…...”

6. In this petition, mainly a grievance is made about the pollution of the river in and around the city of Nashik and the failure of all concerned authorities to maintain the river clean. The orders passed from time to time will show that there is hardly any dispute between the parties that the river has been considerably polluted. The reports and photographs on record show the extent of pollution. There are several holy places located on the banks of the river in or around Nashik. The major factors which have led to poll