IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
*********
CIVIL MISC. WRIT PETITION NO. 4003 OF 2006
(Under Article 226 of the Constitution of India)
DISTRICT, ALLAHABAD
Harchetan Branhchari Ji Mahraj, Sri Paramnand Ashram, Teakar Mafi,Amathi, District Sultanpur at Present Residing at Jhoosi, Post Jhoosi, Dist. Allahabad ………………………………………………………………….Petitioner.
Versus
1. State of U. P. through Secretary,
Environment, Government of U. P.
Secretariat, Lucknow (U. P.)
2. The Commissioner, Allahabad Division, Allahabad.
3. The Collector, Allahabad, Dist. Allahabad.
4. The Mala Officer Incharge, Magh Mela, Allahabad.
5. State Board for Prevantation and control of water
Pollution through its Chairmen ……………………..Respondents
To,
The Hon’ble The Chief Justice and his Lordship’s other companion Judges of this Hon’ble Court.
The humble application of the applicant submits the report in the matter of Ganga Pollution as under:-
Ganga assumed pre-eminent sacred stature

The Ganga assumed preeminent sacred stature and the lore of its water's purifying and healing powers waterfalled through Hindu history. The high country Ganga deep in the granite folds of the Himalayas still runs with its emerald color of purity and cleanliness. But down in the factory-laden and urbanized plains the Ganga runs brownish pea-green with silt and pollution: sewage, industrial waste and corpses. To tackle the pollution, experts are farming giant snapping turtles to eat corpses, building massive sewage treatment plants and sewage diversion systems, and getting tough with polluting businesses.

Ganges Action Plan in 1986

Prime Minister Rajiv Gandhi brewed up the Ganges Action Plan in 1986, pouring US$ 140 million into one of the most demanding river-cleanup projects undertaken in the world. The goal is to make the river's 1,568-mile length visually and chemically clean enough for fearless sacred bathing and other nonpolluting river activity.

Kanpur Pollution
The major polluting industries on the Ganges River are the leather industries, especially near Kanpur, which use large amounts of chromium and other chemicals, and much of it finds its way into the meager flow of the Ganga. Unfortunately, this is a boom time for leather processing in India, which many view as a form of eco-environmental dumping on the third world, and with the lax and lubricable implementation systems of the Uttar Pradesh government, it does not seem likely that this will go down.

The industrial city of Kanpur

The industrial city of Kanpur has been named the seventh most polluted city in the world.Kanpur, which it said fares worst among all Indian cities, was followed by Kitakyushu in Japan, Indonesian capital Jakarta and Chinese city of Xiangshan. A survey in 2004 had found Kanpur was the most polluted city in India after Raipur, Jharia and Jalandhar, but in two years, due to a burgeoning population and increasing number of diesel-run vehicles it had surged to the top of the list. The growing population of the city, it said, was one of the chief reasons for the worsening air condition. While the average population growth in the country between 1991 to 2001 was 21.3 percent, Kanpur had registered 32.5 percent. In the next five years the numbers would increase by another five lakh, it said.Transport vehicles and generators using diesel were adding to air pollution, while sewage water and waste from tannaries was polluting river Ganga.City residents faced a range of problems from respiratory diseases and from drinking the river water, the report said.Converting diesel vehicles to run on compressed natural gas could help lower air pollution in the near future, the magazine said while lauding the steps taken by the residents of the city. .
The industrial effluents
The industrial effluents generated by upstream towns aggravate Kanpur’s drinking water problem. In Kanpur, 350-odd leather-making units add to the pollution of the holy river. Resultantly, further down, Allahabad gets more toxic water. A beeline of gastro enteritis patients at Kanpur hospitals and the growing ire of the saints at Allahabad made the authorities concerned take stock of the state of affairs.

60 tanneries in Jajmau

There are 60 tanneries in Jajmau which will be covered under joint effluent disposal. The total production is to the tune of 12,000 hides with a total discharge of 5 million litres per day in the year of 1987 . The State Government has taken appropriate steps in preparation of the feasibility report under the guidance of U. P. Pollution Control Board. This proposal was also supported by Central Pollution Control Board, Delhi by sharing the total fee of Rs. 80,000 to be paid to the Public Health Engineering Consultancy, Bombay which has prepared the report with the help of IIt, Bombay. The report suggests that each tannery should make arrangement for the primary treatment of their effluent and then it will be discharged into common treatment plant. Residents and local corporators in Kanpur were on warpath as the taps in many localities of this industrial town supplied black, brown, yellow stinking water. In Allahabad, the sadhu fraternity refused to take a holy dip on Mauni Amawasya enraged at government’s callousness to check pollution in Ganga whose water they said was no longer fit for religious ritual. The report shows pathetic condition prevailing at Kanpur. After perusing the report, we find that Burihaghat at Jajmau is one of the worst affected areas, where the river Ganga is being polluted. The report further shows that in Burihaghat at jajmau, there are two glue factories with huge boilers, flesh and leather-remains as ingredients and goat and other animals tails serving as fuel in the open, right at the ghat, which portrays the pathetic state of Ganga. Entied ghat is strewn with leather remains, boiled and crushed up products of the glue factories, mounds and animals' carcasses, tannery effluents spread all over the ghat near Ganga. The report further mentions that a couple of tanneries discharge their waste products directly at the ghat, which is ultimately washed off into Ganga. There may be direction for shifting of the locations of the Tannaries to other location.

The world bank report 1992

The world bank report 1992, which focussed on the environmental issues, mentions the dissolved-oxygen and riverborne decomposing material at two points on the Ganga. That in the case of Jajmau, Kanpur, the committee visited few tanneries where the effort has been made to have primary treatment of the effluent before it is discharged to the common drain/the river Ganga.

Distilleries, paper, sugar mills and chemical units in Meerut, Rampur, Gajraula Industrial Estate, Moradabad, Bulandsahar
There are distilleries, paper, sugar mills and chemical units in Meerut, Rampur, Gajraula Industrial Estate, Moradabad, Bulandsahar and other towns of Western Uttar Pradesh and Uttaranchal which discharge their highly contaminated, multi-coloured waste into the Ram Ganga and Kali rivers, the tributaries of Ganga which meet it in the upstream of Kanpur
Taking strong note of the situation, the Central Pollution Control Board (CPCB) took samples of the Ganga water at various locations. It was found that the oxygen level in Ram Ganga at Farrukhabad was 0.4 milligram per litre due to which shoals of fish were dying. The CPCB has pointed out that Ram Ganga and Kali are polluted owing to the untreated industrial waste discharged by paper factories, distilleries and other chemical units which have turned the river water black and yellow. Similarly, the Mayor of Kanpur alleges that most upstream districts have closed their treatment plants and so the impact can be seen in the city’s drinking water. Interestingly, the CPCB officials saw deep yellow water in Ram Ganga river in Haldwani district of Uttranchal. However, instead of taking any action against the erring units, the Uttaranchal authorities have washed their hands off the problem.
The Uttar Pradesh (UP) government has directed the district magistrates of Farrukhabad, Meerut and Moradabad to initiate action against the sugar mills and distilleries. Already, the cash-starved Kanpur Jal Sansthan (Water Works) is spending Rs 50,000 extra everyday in purification of highly polluted raw water from Ganga. Acting General Manager and Secretary of Jal Sansthan RS Tiwari said that unless the pollutants are tapped from being released in the mainstream, the Sansthan will face a financial crunch and may be forced to stop water purification process. Sources say that the Jal Sansthan has been, of late, using alum and liquid chlorine at the rate of 80 to 90 kgs in place of 20 to 30 kgs per hour. Jal Sansthan authorities opine that the effluents released in the upstream would impact the raw water source of Kanpur for many days. Even if the pollutants released upstream are tapped today, it would take at least five days before Kanpur’s tryst with contaminated water ends.
Compulsion to declare river Ganga as reserve / protected forest
That there is the need and compulsion to declare river Ganga as reserve / protected forest in view of the decision of the Hon’ble Supreme Court and also in view of fact that the definition of forest under forest (conservation) Act, 1980 and the Wild Life Protection Act, which provides for the protection the forest area and the wild life animals which are at the stage of extinction in our nation. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but clam state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man mist use knowledge of build in collaboration with nature a better environment. To defend and improve the human environment for present and future generation has become an imperative goal for mankind – a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and o We are also requesting the court to declare 200 metre of area on both sides of the banks as a No Development Zone and the same be transferred to the forest department for afforestation and the involvement of the affected communities for carrying out the afforestation. In fact. We are proposing that in the entire Ganga cleaning programme, wherever manual labour is required, the affected communities and displaced people should be accorded priority in providing employment.
Varanasi Pollution
More than 175 MLD city sewage mixed with toxic industrial effluents is generated at Varanasi. The Jal Nigam has established Sewage Treatment Plants (STP) for the treatment of only 122 MLD (100 MLD at Dinapur STP + 10 MLD at Bhagwanpur STP + 12 MLD at DLW). About 53 million liter per day (MLD) untereated sewage mixed with toxic industrial effluents containing acids, alkalis, heavy metals e.g. lead, Cadmium, Nickel etc. are directly discharged into the river Ganga by the Nagar Nigam Varanasi. JAI NIGAM’S SEWAGE TREATMENT PLANTS (STP): Not effective for the treatment of sewage of sewage generated at Varanasi (Sewage mixed with toxic industrial effluents) due to following: No toxic heavy metal can be completely removed by these existing STP. The Jal Nigam has accepted this fact. Chief Environment Officer, UP Pollution Control Board produced a letter to this effect before the Hon’ble High Court on August 20th 1998, during my presentation of low cost effluent treatment technology to the Saree Printing Industries. Since these STP does remove toxic metals and so-called treated water is used for the irrigation of crop fields there are possibilities for accumulation of these toxic metals in the food grains and vegetables.
BIOLOGICAL MAGNIFICATION
Due to process of BIOLOGICAL MAGNIFICATION persistent chemicals may accumulate in the soil and reaches to the body of human and animals through plants leading health hazard in the surrounding areas. In the name of manuredry sludge (Which contain toxic metals) is being sold by the JAL NIGAM to the ignorant farmers and without knowing adverse effects the contaminated sludge is being used for maturing the crop and vegetable plants.
Storage created will be available for agricultural use
That the storage created will be available for agricultural use during the scarcity period of Non-Monsoon. The Storage can be utilized for rapid industrialization of backward and other regions as water can be used for industries, Power station etc. This will help in the general up-liftment of the masses and will ensure adequate drinking water, supplies. The effect of pollution can be controlled by regulating flow in river. This will boost tourism by way of developing picnic spot around the reservoirs. The reservoirs can be used for developing fisheries. As a substantial part of the discharge in the river will be stored and used during monsoon period, it will go a logway in controlling floods downstream.
Sl. No. Site of Proposal Useful Storage to be available in Million Cubic meter
1. Barrage No. 1 on river Ganga at 295 Kilometer downstream of Allahabad near Village Zamania in District Ghazipur. 1335
2. Barrage No. 2 on river Ganga at 100 Kilometer downstream of Allahabad near Village Gaipura in Mirzapur District. 1507
3. Barrage No. 3 on river Ganga at 40 Kilometer downstream of Allahabad near Village Kokhraj in Allahabad District. 130
4. Barrage No. 4 on river Ganga at 90 Kilometer upstream of Allahabad near Village Kalakankar in Pratapgarh District. 411
5. Barrage No. 5 on river Ganga at 130 Kilometer upstream of Allahabad near Village Bitaura in Fatehpur District. 238
6. Barrage No. 6 on river Ganga at 210 Kilometer upstream of Allahabad near Kanpur. 88
7. Barrage No. 7 on river Ganga at 230 Kilometer upstream of Allahabad near Unnao. 39
8. Barrage No. 8 on river Ganga at 250 Kilometer upstream of Allahabad near Kannauj. 52
9. Barrage No. 9 on river Ganga at 430 Kilometer upstream of Allahabad in Farrukhabad. 156
10. Barrage No. 10 on river Ganga at 430 Kilometer upstream of Allahabad in District Etah. 128
11. Barrage No. 11 on river Ganga at 465 Kilometer upstream of Allahabad in District Etah. 134
That the evaporation losses are estimated by pan evaporation method with the assumption that about 25% of these losses would be controlled by adopting suitable control method preferably chemical method.
That an assessment of minimum available discharge in the river is made on the basis of 10 daily discharge data at 75% dependability of Kharif crops areas are limited to the extent of minimum discharge so available. The discharge is excess of minimum discharge will be allowed to flow downstream or to fill up the pond. Thus uniform supplies for Kharif irrigation in the period of June to October can be assured. Generally it is observed that irrigation can be achieved to a great extent during Rabi and Kharif with the available supplies from barrages.
Excessive poaching of these innocent aquatic animals
That excessive poaching of these innocent aquatic animals by fishermen for the want of their flesh and oil has created threat to their existence and they are now at the brink of extinction, particularly at Allahabad. Whereas about 20 year back they were found in abundance in between Sangam and Sirsa Ghat. This water course, where the river Tones joins the Ganga provide an ideal breeding ground for these animals. Disappearance of Dolphin from the Ganga river is a biological indicator of pollution as well as it also suggest that our population particularly of the fishermen’s community is exceeding the carrying capacity of the river.
Yogesh Kumar Saxena
Advocate High Court
Special Officer on Ganga Pollution Case