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2013 Supreme(All) 2267
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND ARUN TANDON, JJ.
RE : GANGA POLLUTION .....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Public Interest Litigation (PIL) No. 4003 of 2006, decided on 23rd September, 2013)
Vijay Chandra Srivastava, A.K. Gupta, A.K. Srivastava, Amit Negi, Anil Tiwari, Arun Kumar, Arvind Agarwal, Baij Nath Yadav, Baleshwar Chaturvedi, D.B. Mishra, D.S. Mishra, Jagdish Tewari, K.C. Pandey, P.N. Mishra, S.K. Srivastava, S.K. Tyagi, Shailesh Singh, Sharad Kr. Srivastava, Sunita Sharma, Tarun Agarwal, V.B. Singh, V.C. Mishra, Vivek Mishra and Yogesh Krishna Mishra for the Petitioner; C.S.C., A.K. Mishra, Ajay Bhanot, Anjani Kumar Mishra, B.D. Shukla, C.L. Pandey, Chandan Sharma, Dr. H.N. Tripathi, H.N. Singh, H.P. Dubey, Hem Pratap Singh, Iqbal Ahmad, J.J.Munir, Jyotindra Misra, A.G., Kashif Zaidi, M.C. Chaturvedi, M.C. Tripathi, M.K. Alam, Mehboob Ahmad, Mohd. Khursheed Alam, Mridul Tripathi, N. Misra, Omprakash Yadav, P.S. Baghel, Pankaj Kumar Shukla, R.B. Shukla, Rajendra Kumar Misra, Rajiv Lochan Shukla, Ravi Kant, S.A. Lari, S.G.Hasnain, Addl. A.G., S.M.A. Kazmi, S.P. Kesharwani, S.P. Singh, Saumya Misra, Suneel Dubey, T.M. Khan,Tahir Husain, Tanmay Agarwal, Udain Nandan, Umesh Narain Sharma, Vivek Birla, Vivek Verma and W.A. Hashmi for the Respondents.
Headnote:(A) High Court Direction—Construction of STP at "Salori and Rajapur at Allahabad"—No proper care was taken by official concerned—Consequently, due to heavy flood in Ganga river, extensive damage has been caused—Both S.T.P.'s were constructed by spending huge public money running into 100 crores—But due to lapses, negligence and irresponsible acts and measures in their construction, this huge public money has been wasted—As such, responsibility and accountability of such negligence, lapse in irresponsible act—Has to be fixed by Government and stern action against responsible officials be taken—High Court directed for strong action against all such officials and also against construction company to which construction was entrusted—It directed Principal Secretary, Urban Development to institute inquiry in this matter and place before High Court details of action taken within short span of time—High Court further directed that both these S.T.P.'s be made functional and steps be taken to save them from damage in future floods. [Paras 6 to 12]
(B) Dredging Machine—Direction for purchase of, given by High Court—No complied with and stand taken for its non-purchase, found unsatisfactory—High Court emphasised that purchase of dredging machines was not directed only for Kumbh Mela, 2013, again directed that these machines be purchased and all necessary steps be taken within three months—Stand taken by Principal Secretary, Irrigation Department—Disapproved by High Court. [Paras 18 and 19]
(C) Green Belt in City of Allahabad—Formation and maintenance of—Constitution of India, 1950—Articles 21, 48-A and 51-A(g)—U.P. Nagar Mahapalika Adhiniyam, 1959—Section 144—Obligatory duties of Mahapalika under Section 144—Quoted—Allahabad city is surrounded by rivers Ganga and Jamuna on its three sides—It has to be protected from increasing pollution, urbanisation and other dangers, like increase in vehicular traffic day by day—It is not only statutory duty of Mahapalika but also constitutional duty—Greenery is lung of city functions and source of oxyzen to citizens—Nagar Nigam Allahabad proposed to make Green Belt in City, giving details before High Court, which approved it and gave necessary directions which include removal of encroachment on road 'Patri', plantation of trees—High Court directred Forest Department also to corroborate in plantation of trees and initiation of this work immediately and its completion within reasonable period. [Paras 20 to 29 and 32 to 38]
(D) Footpath and S.T.P.—Construction of raised foot path and S.T.P. Cantonment Allahabad—High Court gave direction for start construction immediately and its completion within reasonable time. [Paras 35 and 40]
(E) Construction near Ganga—Allahabad Development Authority submitted plan for taking steps for drawing line to freeze further construction on both sides of Ganga, leaving 500 meters from flood area—High Court directed to complete this plan within one month. [Paras 13 and 14]
By the Court.—We have heard Sri A.K. Gupta, learned Amicus Curiae, Sri A.K. Mishra, learned Senior Counsel for the Allahabad Development Authority, Shri M.C. Tripathi, Additional Chief Standing Counsel for the State, Sri S.D. Kautilya, learned counsel for Nagar Nigam, Allahabad, Dr. H.N. Tripathi, learned counsel for the U.P. Pollution Control Board and Shri Ajay Bhanot for the Union of India.
2. Affidavits have been filed on behalf of the State of U.P., Allahabad Development Authority, Nagar Nigam, Allahabad, U.P. Pollution Control Board and the Union of India.
3. Sri A.K. Gupta, learned Amicus Curiae, has filed an application annexing the various reports published in the newspaper regarding adverse effect on account of flooding of river Ganga and the damage caused to the two newly constructed STP’s i.e. STP at Salori and STP at Rajaput. Sri A.K. Gupta, learned Amicus Curiae, stated that this year the flood water reached 86.72 metres at Phaphamau while at Chatnag the maximum water level reached 86.2 metres which were slightly less than the highest flood level recorded in the year 1978. It is stated that more than 75 villages were inundated and submerged due to flood in District Allahabad and more than 2/3rd area of the city side was also badly affected by the flood. It has been stated that several colonies on the river bank were flooded and water submerged the ground floor of several houses endangering the life of various houses in those localities. It has been submitted by Sri A.K. Gupta, learned Amicus Curiae, that inspite of the order of this Court dated 22.4.2011, restraining construction activities within 500 metres from the highest flood level, illegal construction of houses continued and the Allahabad Development Authority has failed to check such illegal construction which was its obligatory duty entrusted to it under the Uttar Pradesh Urban Planning & Development Act, 1973 as well as under the order of this Court dated 22.4.2011.
4. Sri A.K. Mishra, learned Senior Counsel appearing for the Allahabad Development Authority has fairly submitted that several illegal constructions have come up in the localities adjoining to the river Ganga. He further submitted that the Allahabad Development Authority has taken measures to videograph the place up to which flood water reached this year. It is submitted that the extent of reach of flood water has been complied in six Compact Disc (CD) which he produced in the Court.
5. We by our earlier orders had directed the Allahabad Development Authority, to photograph the areas which were flooded by flood water of river Ganga this year. We had also directed to record the said extent of flood water in a map and to produce the same in the Court. Shri A.K. Mishra, submitted that the Allahabad Development Authority shall sketch the extent of flood water reached this year in a map which shall also reflect 500 metres from the highest flood level of the river. He further submitted that apart from taking action against the illegal construction of the houses within the 500 metres of highest flood level, the Allahabad Development Authority with the collaboration of the District Administration shall mark all existing open areas adjacent to river Ganga within 500 metres from highest flood level for freezing all construction activities in that area. It has further been stated that the Green Belt Area after flood plain of river Ganga had already been proposed by the Allahabad Development Authority as Green Belt and steps for plantation of trees in the said area shall be undertaken.
6. Sri A.K. Gupta, learned Amicus Curiae, submitted that due to lapses on the part of the officials of the U.P. Jal Nigam, Ganga Pollution Control Unit of U.P. Jal Nigam and Irrigation Department both the newly constructed STP’s at Salori and Rajapur have suffered extensive damage by the flood water this year. He submits that no steps were taken by the officials and authorities who were entrusted with the construct
