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1992 Supreme(Ori) 30
High Court Of Orissa
ARIJIT PASAYAT, S. K. MOHANTY
M.C.MEHTA - Appellant
Versus
STATE OF ORISSA - Respondent
O. J. C. 115 Of 1990
Decided On : 03/06/1992
A.K.Baral, B.K.SAHOO, B.S.TRIPATHY, BIBHUDHENDRA MISHRA, H.M.DHAR, J.K.KHUNDIA, J.M.Das, J.Patnaik, JAYANTA DAS, K.P.Mishra, K.ROY, KARUNAKAR JENA, S.MALLICK
The authorities have a duty to prevent and control water pollution and to maintain wholesomeness of water for human consumption.
Headnote:
WATER POLLUTION - CUTTACK CITY - TALADANDA CANAL - MAHANADI RIVER - KATHAJORI RIVER - WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 - ENVIRONMENT (PROTECTION) ACT, 1986 - ARTICLE 21 OF THE CONSTITUTION OF INDIA - ARTICLE 48A AND 51A OF THE CONSTITUTION OF INDIA - PREVENTION AND CONTROL OF WATER POLLUTION - MAINTAINING OR RESTORING WHOLESOMENESS OF WATER - ESTABLISHMENT OF BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION - POWERS AND FUNCTIONS OF BOARDS - DIRECTIONS TO STATE GOVERNMENT AND AUTHORITIES - CONSTITUTION OF COMMITTEE TO TAKE NECESSARY STEPS.
Fact of the Case:
A writ petition was filed by an advocate and General Secretary of the Indian Council for Enviro-Legal Action, alleging pollution of water in Cuttack city, Odisha, due to the acts of the Municipal Committee, Cuttack, and the S. C. B. Medical College Hospital, Cuttack. The petitioner sought a writ of mandamus to protect the health of thousands of innocent people living in Cuttack and adjacent areas, who were suffering from pollution caused by the authorities and the State of Odisha.
Finding of the Court:
The court found that the allegations of water pollution were horrid and that the authorities had failed to take necessary steps to prevent and control the pollution. The court also found that the reports of the State Prevention and Control of Pollution Board (the Board) revealed a horrendous state of affair, with the health of a large number of people at stake.
Issues: 1. Whether the authorities had failed to take necessary steps to prevent and control water pollution in Cuttack city. 2. Whether the reports of the Board revealed a horrendous state of affair, with the health of a large number of people at stake.
Ratio Decidendi: 1. The court held that the authorities had failed to take necessary steps to prevent and control water pollution in Cuttack city. The court noted that the reports of the Board revealed a horrendous state of affair, with the health of a large number of people at stake. The court also noted that the authorities had feigned ignorance of any pollution and had resorted to falsehood. 2. The court held that the reports of the Board revealed a horrendous state of affair, with the health of a large number of people at stake. The court noted that the authorities had failed to take serious note of the reports and had resorted to evasive tactics.
Final Decision: The court directed the State Government to immediately act on the reports relating to Pollution Load in Taladanda Canal and Water Pollution from Mass Bathing in Mahanadi during Kartik Purnima. The court also directed the constitution of a committee to consider the reports and take necessary steps to prevent and control water pollution and to maintain wholesomeness of water which is supplied for human consumption.
PASAYAT, J.
( 1 ) "water, water everywhere, Nor any drop to drink" wrote S. T. Coleridge in "the Ancient Mariner". Shall such a contingency befall majority of the populace of Cuttack city is the primary concern of petitioner, a practising advocate of the Supreme Court and General Secretary of the Indian Council for Enviro-Legal Action, a registered voluntary organisation. He has filed this writ application for a writ of mandamus to protect the health of thousands of innocent people living in Cuttack and adjacent areas, who are suffering from pollution being caused by the Municipal Committee, Cuttack and the S. C. B. Medical College Hospital, Cuttack, Several acts of the aforesaid authorities and the State of Orissa are alleged to be in violation of Article 21 of the Constitution of India, the National Health Policy, the Environment (Protection) Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The provisions of the last named Act being the pivotal statute in this application, the same is referred to as the 'act' hereinafter.
( 2 ) SINCE the allegations were found to be horrid, the Orissa Legal Aid and Advice Board was directed by this Court to engage a Senior Counsel for the petitioner. Notices were issued to the Health Department of the State of Orissa, the Municipal authorities, the authorities of the S. C. B. Medical College Hospital and the State Prevention and Control of Pollution Board (in short the 'board' ).
( 3 ) COUNTER-AFFIDAVITS have been filed by the aforesaid authorities and the functionaries.
( 4 ) THE allegations, stated in brief, are to the following effect : the petitioner came to visit the thousand year old silver city, Cuttack hoping to have a look at the rich and cultural heritage of the city. Instead what he found was a horrible pollution of water in the city. The petitioner visited cartain areas nearby the Taladanda canal. This canal was excavated about one hundred years back for the purpose of irrigation of a part of Mahanadi delta of Cuttack district. But it has become a refuse of untreated waste-water of the hospital and some other parts of the city. The water of the canal consequently has become highly polluted. A large section of populace living in the bustees along the coast of the canal are using the water of the canal for bathing, drinking and other domestic purposes. The storm water drain which was constructed in the city for the purpose of discharge of excess water during heavy rains into the river Kathajori to avoid water stagnation was intended to discharge such water through a sluice-gate. Unfortunately, the storm water drain which is expected to remain dry except during the rainy season is full throughout the year and sewage water from various parts of the city gets into it and consequently to the river. The unsanitary condition of this drain creates health problem in the city. A sewage treatment plant was contemplated for the city waste-water at Matagajpur, but the project has been abandoned mid-way. Steps are necessary to complete and upgrade the sewage treatment plant so as to stop discharge of city waste-water into the storm water drain and into the Taladanda canal by constructing appropriate sewage system for the city, and installing waste-water treatment plant at the hospital. Because of unavoidable situations the people are bound to drink contaminated water and consequentially becoming victims of water-borne diseases. The authorities by their callous acts have inflicted suffering and pain on the thousands of people by forcing them to drink the contaminated/polluted water instead of acting for their welfare to prevant it. The Board constituted under Section 17 of the Act has also been deficient in its functioning.
( 5 ) THE State of Orissa through the Secretary, Health Department and the Principal, S. C. B. Medical College Hospital have filed their counter-affidavit. Their stand in essence is that they have no information about the people suffering from po
