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Full Case Details
– This is a public interest litigation. The petitioner who is
an active social worker has filed this petition inter alia for the issue of a writ/order/direction
in the nature of mandamus to the respondents other than Respondents 1 and 7 to 9 restraining
them from letting out the trade effluents into the river Ganga till such time they put up
necessary treatment plants for treating the trade effluents in order to arrest the pollution of
water in the said river. Respondent 1 is the Union of India, Respondent 7 is the Chairman of
the Central Board for Prevention and Control of Pollution, Respondent 8 is the Chairman,
Uttar Pradesh Pollution Control Board and Respondent 9 is the Indian Standards Institute.
- Water is the most important of the elements of nature. River valleys are the cradles of
civilization from the beginning of the world. Aryan civilization grew around the towns and
villages on the banks of the river Ganga. Varanasi which is one of the cities on the banks of
the river Ganga is considered to be one of the oldest human settlements in the world. It is the
popular belief that the river Ganga is the purifier of all but we are now led to the situation that
action has to be taken to prevent the pollution of the water of the river Ganga since we have
reached a stage that any further pollution of the river water is likely to lead to a catastrophe.
There are today large towns inhabited by millions of people on the banks of the river Ganga.
There are also large industries on its banks. Sewage of the towns and cities on the banks of
the river and the trade effluents of the factories and other industries are continuously being
discharged into the river. It is the complaint of the petitioner that neither the Government nor
the people are giving adequate attention to stop the pollution of the river Ganga. Steps have,
therefore, to be taken for the purpose of protecting the cleanliness of the stream in the river
Ganga, which is in fact the life sustainer of a large part of the northern India. - When this petition came up for preliminary hearing, the Court directed the issue of
notice under O. 1, R. 8 of the Code of Civil Procedure treating this case as a representative
action by publishing the gist of the petition in the newspapers in circulation in northern India
and calling upon all the industrialists and the municipal corporations and the town municipal
councils having jurisdiction over the areas through which the river Ganga flows to appear
before the Court and to show cause as to why directions should not be issued to them as
prayed by the petitioner asking them not to allow the trade effluents and the sewage into the
river Ganga without appropriately treating them before discharging them into the river.
Pursuant to the said notice a large number of industrialists and local bodies have entered
appearance before the Court. Some of them have filed counter-affidavits explaining the steps
taken by them for treating the trade effluents before discharging them into the river.
150 - Before proceeding to consider the facts of this case it is necessary to state a few words
about the importance of and need for protecting our environment. Article 48-A of the
Constitution provides that the State shall endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country. Article 51-A of the Constitution
imposes as one of the fundamental duties on every citizen the duty to protect and improve the
natural environment including forests, lakes, rivers and wild life and to have compassion for
living creatures. The proclamation adopted by the United Nations Conference on the Human
Environment which took place at Stockholm from 5th to 16th of June, 1972 and in which the
Indian delegation led by the Prime Minister of India took a leading role runs thus: - Man is both creature and moulder of his environment which gives him
physical sustenance and affords him the opportunity for intellectual, moral, social and
spiritual growth. In the long and tortuous evolution of the human race on this plannet
a stage has been reached when through the rapid acceleration of science and
technology, man has acquired the power, to transform his environment in countless
ways and on an unprecedented scale. Both aspects of man’s environment, the natural
and the man made, are essential to his well being and to the enjoyment of basic
human rights – Even the right to life itself. - The protection and improvement of the human environment is a major issue
which affects the well-being of peoples and economic development throughout the
world, it is the urgent desire of the peoples of the whole world and the duty of all
Governments. - Man has constantly to sum up experience and go on discovering, inventing,
creating and advancing. In our time man’s capability to transform his surroundings,
if used wisely, can bring to all peoples the benefits of development and the
opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same
power can do incalculable harm to human beings and the human environment. We
see around us growing evidence of man-made harm in many regions of the earth;
dangerous levels of pollution in water, air, earth and living beings; major and
undesirable disturbances to the ecological balance of the biosphere; destruction and
depletion of irreplaceable resources; and gross deficiencies harmful to the physical,
mental and social health of man, in the man-made environment; particularly in the
living and working environment.
A point has been reached in history when we must shape our actions throughout
the world with a more prudent care for their environmental consequences. Through
ignorance or indifference we can do massive and irreversible harm to the earthly
environment on which our life and well-being depend. Conversely, through fuller
knowledge and wiser action, we can achieve for ourselves and our posterity a better
life in an environment more in keeping with human needs and hopes. There are
broad vistas for the enhancement of environmental quality and the creation of a good
life. What is needed is an enthusiastic but calm state of mind and intense but orderly
work. For the purpose of attaining freedom in the world of nature man must use
knowledge to build in collaboration with nature a better environment. To defend and
improve the human environment for present and future generations has become an
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imperative goal for mankind, a goal to be pursued together with, and in harmony
with, the established and fundamental goals of peace and of world-wide economic
and social development.
To achieve this environmental goal will demand the acceptance of responsibility
by citizens and communities and by enterprises and institutions at every level, all
sharing equitably in common efforts. Individuals in all walks of life as well as
organizations in many fields, by their values and the sum of their actions, will shape
the world environment of the future. Local and National Governments will bear the
greatest burden for large-scale environmental policy and action within their
jurisdictions. International co-operation is also needed in order to raise resources to
support the developing countries carrying out their responsibilities in this field. A
growing class of environmental problems, because they are regional or global in
extent or because they affect the common international realm, will require extensive
co-operation among nations and action by international organizations in the common
interest. The Conference calls upon the Governments and peoples to exert common
efforts for the preservation and improvement of the human environment, for the
benefit of all the people and for their posterity.
The proclamation also contained certain common convictions of the participant nations
and made certain recommendations on development and environment. The common
convictions stated include the conviction that the discharge of toxic substances or of other
substances and the release of heat in such quantities or concentrations as to exceed the
capacity of environment to render them harmless must be halted in order to ensure that
serious or irreversible damage is not inflicted upon eco systems, that States shall take all
possible steps to prevent pollution of the seas so that hazards to human health, harm to living
resources and marine life, damage to the amenities or interference with other legitimate uses
of seas is avoided, that the environmental policies would enhance and not adversely affect the
present and future development potential of developing countries, that science and technology
as part of their contributions to economic and social development must be applied with
identification, avoidance and control of environmental risks and the solution of environmental
problems and for the common good of mankind, that States have the responsibility to ensure
that activities of exploitation of their own resources within their jurisdiction are controlled
and do not cause damage to the environment of other States or areas beyond the limit of
national jurisdiction, that it will be essential in all cases to consider the system of values
prevailing in each country and the extent of the applicability of standards which are valid for
the most advanced countries but which may be inappropriate and of unwarranted social cost
and that man and his environment must be spared the effects of nuclear weapons and all other
means of mass destruction. These are only some of the statements of principles proclaimed
by the Stockholm Conference. - Realising the importance of the prevention and control of pollution of water for human
existence Parliament has passed the Water (Prevention and Control of Pollution) Act, 1974
(‘the Act’) to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water, for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control of water pollution for conferring
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on and assigning to such Boards powers and functions relating thereto and for matters
concerned therewith. The Act was passed pursuant to resolutions passed by all the Houses of
Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal under Cl.
(1) of Art. 252 of the Constitution to the effect that the prevention and control of water
pollution should be regulated in those States by Parliamentary legislation. The Act has been
since adopted by the State of Uttar Pradesh also by resolutions passed in that behalf by the
Houses of Legislature of the said State in the year 1975 (vide notification No. 897/IX-3-100-
74 dated 3-2-1975). Section 24 of the Act prohibits the use of any stream or well for disposal
of polluting matter etc. It provides that subject to the provisions of the said poisonous,
noxious or polluting matter determined in accordance with such standards as may be laid
down by the State Board to enter whether directly or indirectly into any stream or well or no
person shall knowingly cause or permit to enter into any stream any other matter which may
tend either directly or in combination with similar matters to impede the proper flow of the
water of the stream in a manner leading or likely to lead to a substantial aggravation of
pollution due to other causes or of its own consequences. The expression stream is defined by
S. 2(j) of the Act as including river, water course whether flowing or for the time being dry,
inland water whether natural or artificial, sub-terranean waters, sea or tidal waters to such
extent or as the case may be to such point as the State Government may by notification in the
Official Gazette, specify in that behalf. Under the Act it is permissible to establish a Central
Board and the State Boards. The functions of the Central Board and the State Boards are
described in Ss.16 and 17 respectively. One of the functions of the State Board is to inspect
sewage or trade effluents, works and plants for the treatment of sewage and trade effluents
and to review plans, specifications or other data relating to plants set up for the treatment of
water, works for the purification and the system for the disposal of sewage or trade effluents.
‘Trade effluent’ includes any liquid, gaseous or solid substance which is discharged from any
premises used for carrying on any trade or industry, other than domestic sewage. The State
Board is also entrusted with the work of laying down standards of treatment of sewage and
trade effluents to be discharged into any particular stream taking into account the minimum
fair weather dilution available in that stream and the tolerance limits of pollution permissible
in the water of the stream, after the discharge of such effluents. The State Board is also
entrusted with the power of making application to courts for restraining apprehended
pollution of water in streams or well. Notwithstanding the comprehensive provisions
contained in the Act no effective steps appear to have been taken by the State Board so far to
prevent the discharge of effluents of the Jajmau near Kanpur to the river Ganga. The fact that
such effluents are being first discharged into the municipal sewerage does not absolve the
tanneries from being proceeded against under the provisions of the law in force since
ultimately the effluents reach the river Ganga from the sewerage system of the municipality. - In addition to the above Act, Parliament has also passed the Environment (Protection)
Act, 1986 which has been brought into force throughout India with effect from November 19, - Section 3 of this Act confers power on the Central Government to take all such
measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
‘Environment’ includes water, air and land and the inter-relationship which exists among and
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between water, air and land and human beings, other living creatures, plants, micro-organisms
and property. (S. 2(a) of the Environment (Protection) Act, 1986). Under S. 3(2)(iv) of the
said Act the Central Government may lay down standards for emission or discharge of
environmental pollutants from various sources whatsoever. Notwithstanding anything
contained in any other law but subject to the provisions of the Environment (Protection) Act,
1986, the Central Government may under S. 5 of the Act, in the exercise of its powers and
performance of its functions under that Act issue directions in writing to any person, officer or
authority and such authority is bound to comply with such directions. The power to issue
directions under the said section includes the power to direct the closure, prohibition or
regulation of any industry, operation or process or stoppage or regulation of the supply of
electricity or water or any other service. Section 9 of the said Act imposes a duty on every
person to take steps to prevent or mitigate the environmental pollution. Section 15 of the said
Act contains provisions relating to penalties that may be imposed for the contravention of any
of the provisions of the said Act or directions issued thereunder. It is to be noticed that not
much has been done even under this Act by the Central Government to stop the grave public
nuisance caused by the tanneries at Jajmau, Kanpur. - All the tanneries at Jajmau, Kanpur which were represented by counsel, except
respondents Nos. 87 and 89 have relied upon a common counter-affidavit filed by them and
their case is argued by Shri S.K. Dholakia and Shri Mukul Mudgal. Respondent No. 87 is
represented by Shri R.P. Gupta and respondent No. 89 is represented by Shri P. Narasimhan.
There is not much dispute on the question that the discharge of the trade effluents from these
tanneries into the river Ganga has been causing considerable damage to the life of the people
who use the water of the river Ganga and also to the aquatic life in the river. The tanneries at
Jajmau in Kanpur have themselves formed an association called Jajmau Tanners Pollution
Control Association with the objects among others:
(1) To establish, equip and maintain laboratories, workshop, institutes, organisations
and factories for conducting and carrying on experiments and to provide funds for the
main objects of the Company.
(2) To procure and import wherever necessary the chemicals etc. for the purpose of
pollution control in tanning industries.
(3) To set up and maintain common effluent treatment plant for member tanners in
and around Jajmau.
(4) To make periodical charges on members for the effluent treatment based on the
benefit he/it derives from time to time to meet the common expenses for maintenance,
replacement incurred towards effluent treatment. - There is a reference to the Jajmau tanneries in ‘an Action Plan for Prevention of
Pollution of the Ganga’ prepared by the Department of Environment, Government of
India in the year 1985, which is as under: –
1.1 The Ganga drains eight States: Himachal Pradesh, Punjab, Haryana, Uttar
Pradesh, Rajasthan, Madhya Pradesh, Bihar, West Bengal and the Union Territory of
Delhi. It is also the most important river of India and has served as the cradle of
Indian Civilization. Several major pilgrim centres have existed on its banks for
centuries and millions of people come to bathe in the river during religious festivals,
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especially the Kumbhas of Haridwar and Allahabad. Many towns on the Ganga, e.g.
Kanpur, Allahabad, Patna and Calcutta have very large populations and the river also
serves as the source of water supply for these towns. The Ganga is, however, being
grossly polluted especially near the towns situated on its banks. Urgent steps need to
be taken to prevent the pollution and restore the purity of river water.
2.0 Sources of Pollution
2.1 The main sources of pollution of the Ganga are the following:-
Urban liquid waste (Sewage, storm drainage mixed with sewage, human, cattle
and kitchen wastes carried by drains etc.)
Industrial liquid waste
Surface run-off of cultivated land where cultivators use chemical fertilisers,
pesticides, insecticides an such manures the mixing of which may make the river
water unsafe for drinking and bathing.
Surface turn-off from areas on which urban solid wastes are dumped.
Surface run-off from areas on which industrial solid wastes are dumped.
4.4.12 Effluent from industries:
Under the laws of the land the responsibility for treatment of the industrial
effluents is that of the industry. While the concept of ‘Strict Liability’ should be
adhered to in some cases, circumstances may require that plans for sewerage and
treatment systems should consider industrial effluents as well. Clusters of small
industries located in a contiguous area near the river bank and causing direct
pollution to the river such as the tanneries in Jajmau in Kanpur is a case in point. In
some cases, waste waters from some industrial units may have already been
connected to the city sewer and, therefore, merit treatment along with the sewage in
the sewage treatment plant. It may also be necessary in some crowded areas to
accept waste waters of industries in a city sewer to be fed to the treatment plant,
provided the industrial waste is free from heavy metals, toxic chemicals and is not
abnormally acidic or alkaline.
In such circumstances, scheme proposals have to carefully examine the case of
integrating or segregating industrial wastes for purposes of conveyance and treatment
as also the possibilities for appointment of capital and operating costs between the
city authorities and the industries concerned.” (Emphasis added) - Appearing on behalf of the Department of Environment, Government of India, Shri B.
Dutta the learned First Additional Solicitor General of India placed before us a memorandum
explaining the existing situation at Jajmau area of Kanpur. It read thus:
“Status regarding construction of treatment facilities for treatment of wastes from
Tanneries in Jajmau area of Kanpur: - About 70 small, medium and large tanneries are located in Jajmau area of
Kanpur. On an average they generate 4.5 MLD of waste water.
155 - Under the existing laws; tanneries like other industries are expected to
provide treatment of their effluents to different standards depending on whether
these are discharged into stream or land. It is the responsibility of the industry
concerned to ensure that the quality of the waste water conforms to the standards
laid down. - From time to time, tanneries of Kanpur have represented that due to lack
of physical facilities, technical knowhow and funds, it has not been possible to
install adequate treatment facilities. - Jajmau is an environmentally degraded area of Kanpur. The location of
numerous tanneries in the area is a major cause of the degradation. Civic
facilities for water supply, sanitation, solid waste removal etc. are also highly
inadequate. Because the area abuts the Ganga river, its pollution affects the river
quality as well. Accordingly, under the Ganga Action Plan an integrated
sanitation project is being taken up for the Jajmau area. Some aspects of the Plan
relate to tannery wastes as follows:
(i) The medium and large units will have to up up pretreatment facilities
to ensure that the standard of sewage discharged into the municipal sewer
also conform to the standards laid down. Scientific institutions such as
Central Leather Research Institute are looking into the possibilities of
pretreatment including recovery of materials such as chromium. The setting
up of pre-treatment facility in the respective units will be the responsibility of
the individual units concerned. The Ganga Project Directorate as part of the
Ganga Action Plan, will play a facilitative role to demonstrate application of
modern technologies for cost effective pre-treatment which the small tanners
can afford.
(ii) Since the wastes will be ultimately discharged into the river, the
waste will have to further conform to the standards laid down for discharge
into the stream. For this purpose, it will be necessary to treat the waste
further and as part of the Ganga Action Plan a treatment plant will be
constructed for this purpose utilising some advanced processes. It is also
proposed to combine the domestic waste with the industrial waste conveyed
through the industrial sewer which will then be treated in a treatment plant.
(iii) It is estimated that cost of this proposed sewage treatment facility
which will treat the waste from the domestic sources and the pretreated
wastes from tanneries will be about Rs.2.5 crores. It will have a capacity of
25 MLD and the first demonstration module of about 5 MLD is expected to
be installed in early 1988-89. Necessary work for designing of the plant has
already been initiated and the infrastructure facilities such as availability of
land, soil testing etc. have also been ensured. Tender specifications are being
provided and it is expected that the tenders will be floated sometime in
October 87. It is expected that in the combined treatment facility of 25
MLD, about 20 MLD will be from the domestic sources and 5 MLD will be
from the tanneries after pretreatment in the region.”
156 - In the counter-affidavit filed on behalf of the Hindustan Chambers of Commerce, of
which 43 respondents are members it is admitted that the tanneries discharge their trade
effluents into the sewage nullah which leads to the municipal sewage plant before they are
thrown into the river Ganga. It is not disputed by any of the respondents that the water in the
river Ganga is being polluted grossly by the effluent discharged by the tanneries. We are
informed that six of the tanneries have already set up the primary treatment plants for carrying
out the pretreatment of the effluent before it is discharged into the municipal sewerage which
ultimately leads to the river Ganga. About 14 of the tanneries are stated to be engaged in the
construction of the primary treatment plants. It is pleaded on behalf of the rest of the
Tanneries who are the members of the Hindustan Chambers of Commerce and three other
tanneries represented by Shri Mukul Mudgal that if some time is given to them to establish
the pre-treatment plants they would do so. It is, however, submitted by all of them that it
would not be possible for them to have the secondary system for treating waste water as that
would involve enormous expenditure which the tanneries themselves would not be able to
meet. It is true that it may not be possible for the tanneries to establish immediately the
secondary system plant in view of the large expenditure involved but having regard to the
adverse effect the effluents are having on the river water, the tanneries at Jajmau, Kanpur
should, at least set up of the primary treatment plants and that is the minimum which the
tanneries should do in the circumstances of the case. In the counter-affidavit filed on behalf
of the Hindustan Chamber of Commerce it is seen that the cost of pretreatment plant for ‘A’
class tannery is Rs. 3,68,000/-, the cost of the plant for a ‘B’ class tannery is Rs. 2,30,000/-
and the cost of the plant for ‘C’ class tannery is Rs. 50,000/-. This cost does not appear to be
excessive. The financial capacity of the tanneries should be considered as irrelevant while
requiring them to establish primary treatment plants. Just like an industry which cannot pay
minimum wages to its workers cannot be allowed to exist a tannery which cannot set up a
primary treatment plant cannot be permitted to continue to be in existence for the adverse
effect on the public at large which is likely to ensue by the discharging of the trade effluents
from the tannery to the river Ganga would be immense and it will outweigh any
inconvenience that may be caused to the management and the labour employed by it on
account of its closure. Moreover, the tanneries involved in these cases are not taken by
surprise. For several years they are being asked to take necessary steps to prevent the flow of
untreated waste water from their factories into the river. Some of them have already complied
with the demand. It should be remembered that the effluent discharged from a tannery is ten
times noxious when compared with the domestic sewage water which flows into the river
from any urban area on its banks. We feel that the tanneries at Jajmau, Kanpur cannot be
allowed to continue to carry on the industrial activity unless they take steps to establish
primary treatment plants. In cases of this nature this Court act affecting or likely to affect the
public is being committed and the statutory authorities who are charged with the duty to
prevent it are not taking adequate steps to rectify the grievance. For every breach of a right
there should be a remedy. It is unfortunate that a number of tanneries at Jajmau even though
they are aware of these proceedings have not cared even to enter appearance in this Court to
express their willingness to take appropriate steps to establish the pretreatment plants. So far
as they are concerned an order directing them to stop working their tanneries should be
passed. Those tanneries who have already put up the primary treatment plants may continue to
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carry on production in their factories subject to the condition that they should continue to keep
the primary treatment plants established by them in sound working order. - Shri S.K. Dholakia, learned counsel for the other tanneries who are members of the
Hindustan Chambers of Commerce and the other tanneries who have entered appearance
through Shri Mukul Mudgal submits that they will establish primary treatment plants within
six months and he further submits that in the event of their not completing the construction of
the primary treatment plants as approved by the State Board (respondent 8) and bringing them
into operation within the period of six months the said tanneries will stop carrying on their
business. We record the statement made by the learned counsel and grant them time till 31-3-
1988 to set up the primary treatment plants. If any of these tanneries does not set up a
primary treatment plant within 31.3.1988 it is directed to stop its business with effect from
1.4.1988. - We issue a direction to the Central Government, the Uttar Pradesh Board, established
under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the
District Magistrate, Kanpur to enforce our order faithfully. Copies of this order shall be sent
to them for information. - The case is adjourned to 27th October, 1987 to consider the case against the municipal
bodies in the State of Uttar Pradesh having jurisdiction over the areas through which the river
Ganga is passing.
