Court No.

- 2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4003 of 2006

Petitioner :- Re: Ganga Pollution

Respondent :- State Of U.P. And Others
Petitioner Counsel :- Vijay Chandra Srivastava,A.K. Gupta,A.K.
Srivastava,Anil Tiwari,Arun Kumar,Baij Nath Yadav,Baleshwar
Chaturvedi,D.B. Mishra,D.S. Mishra,Jagdish Tewari,K.C. Pandey,P.N.
Mishra,S.K. Srivastava,Shailesh Singh,Sharad Kr. Srivastava,Sunita
Sharma,V.B. Singh,V.C. Mishra,Vivek Mishra
Respondent Counsel :- C.S.C.,A.K. Mishra,Ajay Bhanot,Anjani Kumar
Mishra,C.L.Pandey,Dr. H.N.Tripathi,H.N. Singh,Hem Pratap Singh,Iqbal
Ahmad,M.C. Chaturvedi,N. Misra,P.S. Baghel,R.B. Shukla,Rajiv Lochan
Shukla,S.M.A. Kazmi,S.P. Kesharwani,S.P. Singh,T.M.Khan,W.A. Hashmi

Hon'ble Ashok Bhushan,J.

Hon'ble Arun Tandon,J.

Heard Sri A.K. Gupta, learned counsel for the petitioner, Sri S.G. Hasnain,

learned Additional Advocate General assisted by Sri S.P. Kesharwani, learned

Addl. Chief Standing Counsel, Dr. H.N. Tripathi, learned counsel for the

Pollution Control Board, Sri Ajay Bhanot, learned counsel for Union of India

and Sri Rajeev Lochan Shukla has appeared for the tennary owners.

Sri S.G. Hasnain, learned Additional Advocate General has sought time to file

affidavit in compliance of our direction which were issued on 26.3.2010

relating to land acquisition for the purposes of allotting land to the tanneries

which are to be shifted from Kanpur Nagar and also steps taken by the

U.P.S.I.D.C. As prayed, time is allowed till 21.5.2010 to submit the affidavit.

Learned Additional Advocate General in his affidavit may also indicate the

measure as to how the quantity of water in the river can be increased in the

lean period and as to whether any water is regularly released from the Narora

Dam and what other measures can be taken.

Learned Additional Advocate General submits that High Power Committee

which has been formed by Chief Secretary, State of U.P. To deliberate with

State of Uttarakhand over the matter pertaining to release of more water from

Uttarakhand.

Learned Additional Advocate General also submits that the State unit of

Ganga Basin River Authority shall consider the banning of the use of

polythene through out of river Gangas on both the banks to the extent of few

kilometers on both sides and appropriate statutory exercise in this context

shall be taken.

Sri Ajay Bhanot, learned counsel for Union of India has submitted that with

regard to land transfer at Morigate for the purposes of establishment of

pumping station, the matter is in process and by the next date decision taken

in this regard shall be brought on record. He further submits with regard to

establishment of S.T.Ps. in the New Cantt. and Old Cantt. both the matter is in

process and by the next date the decision taken, shall be brought on record.

Sri Rajeev Lochan Shukla, learned counsel for the private tanneries submitted

that the tanneries which were permitted to be run on trial basis could not start

and they may start shortly on trial basis.

Sri H.N. Tripathi, learned counsel for the Pollution Control Board submits

that due information was given to the tanneries but they had not yet started on

trial basis.

We had permitted vide order dated 26.3.2010 the tanneries to start on trial

basis and submit a report. With regard to those tanneries were any objections
were raised in report of U.P. Pollution Control Board, it is open for those

tanneries to make an appropriate application after compliance of the

objections to the U.P. Pollution Control Board who may inspect and submit a

fresh report with regard to those tanneries.

Sri A.K. Gupta, learned counsel for the petitioner has submitted that the

electric crematoriums which were also established in Allahabad are not

functioning and more and more electric crematoriums should be established in

the cities including the metropolitan cities which were situated at the bank of

river.

Sri S.G. Hasnain with regard to aforesaid electric crematoriums submits that

appropriate action and the exercise for running of those electric crematoriums

which was already established shall be taken. He further submits with regard

to dirty water collected at Morigate, the appropriate exercise will be taken and

the said water will not be flown in the river Ganga. He also submits that the

Sewer and Nallas which are being open in the river at burning ghats shall be

looked into and diverted by appropriate exercise. The State may on affidavit

bring on record the status report regarding construction of sewer line in city of

Allahabad alongwith time frame fixed for accomplishing various steps.

Sri S.D. Kautilya, learned counsel appearing for Nagar Nigam, Allahabad

may submit a report with regard to details of running of electric crematoriums

at Allahabad and may submit the details including how many bodies are burnt

every day and for what period in a day it functions. The Nagar Nigam,

Varanasi and Nagar Nigam Kanpur may also submit similar reports with

regard to running of electric crematoriums.

List this case on 21.5.2010.

Copy of this order may be supplied by the office to the learned counsels free

of cost within three days.

Order Date :- 30.4.2010

Kpy