1. In the present wit petition filed in the form of Public Interest Litigation by the writ Petitioner, the reliefs sought for are:

(i) to pass an order that the Nambul river to be protected:

(a) by keeping the river bank/river basin of the eastern side of the Nambul river from Maharani Bridge upto Keishamthong left open to the public for the use of general public.

(b) by constructing a wall separating the river bank from the private use or encroachment and prohibiting the discharge of untreated effluent to the river as well as the disposal of solid waste.

(ii) to direct the Respondents that:

(a) all the streets, parks and public places to be cleaned early morning every day.

(b) the solid waste generated are to be collected from house to house/Leikai to Leikai on daily basis.

(c) large storage bins are to be provided to the places which is accessible to the users.

(d) the large storage bins are to be cleaned on early every morning.

(e) the drains are to be covered and untreated effluents not to be discharge to the river.

2. Heard Mr. H. Nabachandra, Learned Counsel appearing for the Petitioner, Mr. N. Kotishwar, learned Advocate General assisted by Mr. Rajkishore, Learned Counsel appearing for the Respondents No. 3 and 4, Mr. N. Ibotombi, learned CGSC appearing for the Respondents No. 1 and 2 as well as Mr. Ch. Lokendra, Learned Counsel appearing for the Respondent No. 6.

FACTUAL BACKGROUND

3. The present Petitioner is the registered Society having Registration No. 42/M/SR/2002, registered under the Manipur Societies Registration Act, 1989.

4. The Respondent No. 5, Imphal Municipal Council shall have to manage and handle the solid waste generated in Imphal Municipal area as:

(a) By organizing house to house collection of solid waste through any of the methods like community bin collection (central bin), house to house collection and regular pre-informed timings and scheduling by using bell ringing of musical vehicle;

(b) Devising collection of waste from slums and squatter area or localities including hotels, restaurants, office complexes and commercial;

(c) Waste from slaughter house, meat and fish markets, fruits and vegetable markets which are biodegradable in nature shall be managed to make use of such waste;

(d) Waste (garbage, dry leaves) shall not be burnt;

(e) Storage facilities shall be created and established by taking into account qualities of waste generation in a given area and the population densities. A storage facility shall be so placed that it is accessible to users.

(f) Storage facilities to be set up by municipal authorities or any other agency shall be so designed that waste stored are not exposed to open atmosphere and shall be aesthetically acceptable and user-friendly.

(g) Storages facilities or "bins" shall have easy to operate design for handling transfer and transportation of waste. Bins for storage of biodegradable waste shall be painted green; those of storage recyclable waste shall be painted white and those storage of other waste shall be painted black.

5. The Respondent No. 5 does not perform its traditional way of cleaning all its areas and does not perform its bounden duties under the Acts and Statutes. The sweeping of streets in the morning and collecting hand carts/large bin is not done well. No large bins are provided in all the streets and as such each and every resident scatters the solid waste at random in any area. If there is large bin, the solid waste will be slept inside the bin for about 2/3 months. The Respondent No. 5 has failed to perform its duty of collection, transportation and disposal of the solid waste.

6. On failure to perform the duty of Respondent No. 5, the solid wastes are heaped up in the areas namely, (i) Khwai Bazar, (ii) Nagamapal, (iii) Khurumyonpham, (iv) Uripok near Cheirap Court, (v) Sagolband, (vi) Lamlong, (vii) Kongba, (viii) Singjamei, (ix) Nagaram and (x) Namdulong. The river bank has become dumping place. The Imphal river bank mainly on (i) Sanjenthong, (ii) Thongbuthon