Back
2015 Supreme(Raj) 515
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUNIL AMBWANI AND AJIT SINGH, JJ.
P.N. Maindola – Petitioners
Vs.
State of Raj and Ors. – Respondents
D.B. CIVIL WRIT PETITION(PIL) NO.9497/2007 with D.B. CIVIL WRIT PETITION NO.809/2008 with D.B. CIVIL WRIT PETITION NO.15085/2011 with D.B. CRIMINAL MISC. PETITION NO.3737/2012 with D.B. CIVIL WRIT PETITION NO.15520, 16228, 16229, 16230, 20356/2012 with D.B. CIVIL WRIT PETITION NO.12202/2013 with D.B. CIVIL WRIT PETITION NO.2799, 4758/2014 with D.B. CIVIL WRIT PETITION NO.4936/2015
Decided On : 10.08.2015
Advocate Appeared:
Mr. Poonam Chand Bhandari with Mr. Rakesh Chandel, Mr. S.D. Khaspuria Ms. Neerja Khanna, Mr. N.K. Garg on behalf of Mr. Rajendra Soni, for the petitioners.
Mr. N.M. Lodha, Advocate General assisted by Mr. Vishal Sharma & Mr. Sheetanshu Sharma, Mr. G.S. Gill, Additional Advocate General with Mr. Harish Kandpal, Addl. Govt. Counsel, Mr. Akhil Simlote, Mrs.Naina Saraf with Mr. Vinod Singhal, Mr. Virendra Lodha, Senior Counsel assisted by Mr. Devesh Chauhan & Mr. Jai Lodha, Mr. Ravi Chirania, Mr. Kishore Gaur on behalf of Mr. Bharat Vyas, Mr. Nikhil Simlote on behalf of Mr. R.B. Mathur, Dr. M.S. Kachhawa, Mr. C.P. Sharma on behalf of Mr. Mahendra Goyal, for the respondents. Mr. Krishna Kunal, District Collector, Jaipur, present in person.
The court emphasized the importance of environmental protection and the need for effective measures to address pollution and encroachments, while also considering the concerns of affected parties and ensuring a balanced approach.
Headnote:
DRAVYAVATI RIVER POLLUTION - INTERIM MEASURES - COMPLIANCE REPORT - COURT'S DIRECTIONS ON STUDY REPORT, REMOTE SENSING IMAGES, TERRITORIAL DEMARCATION, ENCROACHMENTS, VEGETABLE CULTIVATION, CETP CONSTRUCTION, ETP INSTALLATION, SLUDGE DISPOSAL, WATER DISCHARGE, ELECTRICITY CONNECTIONS, ENCROACHMENTS IN NAHARGARH CATCHMENT AREA.
Fact of the Case:
The case pertains to the pollution of Dravyawati River in Jaipur, Rajasthan, caused by the discharge of untreated effluents from textile industries in Sanganer. The court had earlier directed the state government and various authorities to take steps to address the issue, including conducting a study on the river's rejuvenation, obtaining remote sensing images, demarcating territorial boundaries, controlling polluted effluents, and establishing a CETP (Central Effluent Treatment Plant).
Finding of the Court:
The court noted the interim compliance report submitted by the District Collector, Jaipur, which detailed the progress made in implementing the court's directions. The court expressed satisfaction with the steps taken by the state government and the explanation provided by the Chief Secretary.
Issues: 1. Compliance with court's directions on study report, remote sensing images, territorial demarcation, encroachments, vegetable cultivation, CETP construction, ETP installation, sludge disposal, water discharge, and electricity connections. 2. Removal of encroachments in Nahargarh, the catchment area of Dravyawati River.
Ratio Decidendi: 1. The court directed the NEERI (National Environmental Engineering Research Institute) to complete the study report on Dravyawati River's rejuvenation within four months, considering the urgency of the matter. 2. The court directed the NRSC (National Remote Sensing Centre) to obtain remote sensing images of the river as soon as visibility improves and to make them publicly available on the Rajasthan government's official website. 3. The court clarified that the demolition drive to remove encroachments along the riverbanks must be carried out effectively and regularly, and that no regularization of unauthorized constructions will be permitted. 4. The court directed the Nagar Nigam, Jaipur, and the JDA (Jaipur Development Authority) to continue monitoring and preventing the cultivation of vegetables using contaminated water from the river. 5. The court allowed the textile unit owners one week to deposit the remaining amount for the construction of CETP, and directed the District Collector to proceed with the selection of an agency and start the work. 6. The court directed the textile units to install individual ETPs within two months, and warned that those failing to do so will have their water and electricity connections disconnected. 7. The court directed the Rajasthan State Pollution Control Board to inspect and supervise the construction of ETPs and CETP, and to submit a report on the progress made within two months. 8. The court directed the District Collector to file an affidavit on the progress of ETP installation within two months, and clarified that no textile unit will be allowed to operate without an ETP after that period. 9. The court directed the JVVNL (Jaipur Vidyut Vitran Nigam Limited) to restore electricity to the 53 units that faced disconnection, subject to the condition that they install ETPs within two months. 10. The court directed the JVVNL not to provide new electricity connections to any textile units until they have their own ETP or are connected to the CETP. 11. The court directed the Rajasthan State Pollution Control Board to carry out water analysis downstream of Sanganer every 15 days and annex the results with their report. 12. The court directed the removal of encroachments in Nahargarh, the catchment area of Dravyawati River, within one month, after giving reasonable notice to the encroachers. 13. The court directed the District Collector to file an affidavit on the matters related to encroachments in Nahargarh by October 26, 2015.
Final Decision: The court listed the matters for further orders on October 28, 2015, and directed the District Collector to provide an advance copy of his affidavit to the petitioners and the court.
1. In pursuance to our order dated 03.08.2015, an additional affidavit of Shri Krishna Kunal, District Collector, Jaipur, present in the Court, has been filed, providing interim proposals, giving the details of the compliances with regard to study report conducted by NEERI for rejuvenation of Dravyawati River; Remote Sensing Imaging through NRSC, Hyderabad; territorial demarcation between JDA and the Jaipur Nagar Nigam by the UDH; and interim measures to be taken with regard to control of polluted effluents by the textile industries running in Sanganer, till the establishment of CETP Plant at secondary level and Zero Liquid Discharge (ZLD) ultimately.
2. The interim proposals and compliances in the additional affidavit of Shri Krishan Kunal, District Collector, Jaipur, are quoted as below:-
1. That the deponent is at present District Collector, Jaipur and is well conversant with the facts of the case as well as he has been directed as the Executing Officer for various ensuring directions of the Hon’ble Court as well as the decision taken by the State of Rajasthan.
2. That this case was listed before your Lordships and the Hon’ble Court heard Shri C.S. Rajan, Chief Secretary, Government of Rajasthan along with District Collector and officers of the Rajasthan State Pollution Control Board with regard to the compliance of the orders of the Hon’ble Court. Having heard the averments, the Hon’ble Court directed the Chief Secretary to place on record the interim proposals by way of an affidavit through a responsible officer latest by 8.8.2015.
3. That the anxiety of the Hon’ble Court was mainly for the compliance of its directions in interests of health and environment which may be enumerated as below:-
(A) To get the study report conducted by NEERI for rejuvenation of Dravyavati River.
(B) Remote Sensing Imaging through NRSC Hyderabad.
(C) Territorial demarcation between JDA and Jaipur Nagar Nigam by UDH, for appropriate vigilance and removal of encroachments / unauthorized constructions.
(D) Interim measures to be taken with regard to the control of polluted affluents by the Textile Industries running in Sanganer if those are allowed to run till the establishment of CETP Plant at secondary level and ZLD (Zero Liquid Discharge), ultimately.
4. The proposals and compliance made by the State Government with regard to the above directions of this Hon’ble Court is summarised as below:-
(A) In response to letter dated 23rd June, 2015 of NEERI the order has been placed vide letter No.F.12 (375) UDH 2007 dated 29.07.2015 and half of the amount of the project i.e. Rs.60 lacs, which was asked by the NEERI in advance, has been transferred through RTGS. In this letter, request was also made by the JDA to furnish the report and complete the study work as early as possible but preferably within 3 months. In response to this letter, NEERI Team is coming to Jaipur on 9th August and will initiate the survey process from 10th August to 14th August, 2015. Copy of the work order is already annexed as Annexure-CR/2015/13 and copy of the communication dated 6.8.2015 is being enclosed herewith and marked as ANNEXURE-CR/2015/33. Thus compliance of the direction of the Hon’ble Court is being well addressed by the State Government. It is also prayed that the Hon’ble Court may kindly issue appropriate directions to the Director, CSIR-NEERI, Nehru Marg, Nagpur for submission of the Study Report within 3 months.
(B) As far the issue of getting Remote Sensing Image through NRSC Hyderabad is concerned, it is hereby submitted that not only the order was placed but half of the amount of the work order as required by the NRSC i.e. Rs.7,29,070/-has already been remitted by demand draft. Copy of this letter along with DD is already on record as Annexure-CR/2015/28.
In this matter, for early Satellite Imaging of Dravyavati River, the NRSC was requested who have responded that due to monsoon clouds, it will not be possible to provide the present image. Hence, they
