( 1 ). Large scale pollution of the Kharicut Canal and the areas at least in the immediate vicinity thereof by some of the industrial units, which are now within the Ahmedabad Municipal limits, and the inaction of the government Authorities in taking any effective steps to control it has led to the filing of the present writ petition. As we shall presently see, it is as if a Chemical war has been launched by some industrial units, against Man and Nature.

( 2 ). The two petitioners are agriculturists having agricultural land in Kheda district. In this petition, which has also been termed as "a public interest litigation", it is alleged that the industries which have been set up in the industrial estates at naroda, Vatva and Odhav in Ahmedabad are discharging their polluted effluents into Kharicut Canal which, in turn, leads to Khari river. It is further alleged that there are about 11 villages in Kheda District, whose only source of water for the purposes of agriculture is from Khari river. Due to the water pollution caused by the said industries, the water in the Khatri river is no longer suitable for agriculture. In addition thereto, the agricultural lands in these villages have lost their fertility and the water drawn from the wells was having reddish colour even when it is from the depth of about 300 ft.

( 3 ). It is further alleged that in these 11 villages, which are commonly known as "kalambandi villages", there are about 8,000 acres of agricultural land wherein not only the agricultural operations are adversely affected by reason of the pollution of the Khari river, but even animals, like cattle, sheep, etc. , are adversely affected due to consumption of the said polluted water. A specific allegation which has been made is that whereas before the industrial units had been set up in the said three industrial estates, the agriculturists were able to get yield of about 2 tons of agricultural produce per acre but after the pollution of the Khari river the present agricultural yield is hardly 0. 50 ton per acre. Drinking water is also not readily available and even from the bore wells, the water which comes out is full of toxicants. Such polluted bore well water is common in villages like Bherai, Pinglaj, Navagam, lali, etc.

( 4 ). It is further alleged that representations have been filed before the Gujarat pollution Control Board (hereinafter referred to as "g. P. C. B. ") since about 1978 and other authorities, but no action has so far been taken. The contention of the petitioners is that the provisions of the three Acts, dealing with Environment, have been infringed by the Industries, the three Acts being : The Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as "the Water Act"), The Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as "the Air act") and the Environment (Protection) Act, 1986 (hereinafter referred to as "the environment Act" ). The main prayer in the writ petition is that action should be taken against the respondents, viz. , the State of Gujarat, the Gujarat Pollution Control board ( G. P. C. B.), the Gujarat Industrial Development Corporation (G. I. D. C.), the ahmedabad Municipal Corporation and the Gujarat Electricity Board for not taking steps to control and curb the water pollution of Khari river, which is resulting in the violation of the petitioners fundamental rights under Art. 21 of the Constitution of india. Direction is also sought for taking steps to control the water and air pollution and there is also a claim made for payment of compensation due to the loss suffered due to air and water pollution. Another prayer is for directions to be issued for providing proper drainage/gutter facilities for letting out trade effluent/waste water after treating them in order to arrest the pollution of water.

( 5 ). Before dealing with the merits of the case, and the action taken by the government, it is important to refer to and giv