M.C. MEHTA V. UNION OF INDIA GANGA POLLUTION (KANPUR TANNERIES CASE), AIR 1988 SC 1037

 

M.C. MEHTA V. UNION OF INDIA, AIR 1988 SC 1037

(GANGA POLLUTION (KANPUR TANNERIES CASE))

 

FACTS

This is a public interest litigation. The petitioner is an active social worker and has filed this petition for the issuance of a writ/order/direction in the nature of mandamus to the respondents 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 stop the pollution of water in the Ganga river.

CASE HISTORY

During the preliminary hearing of the present case, the Court directed the issue of notice under O. 1, R. 8 of the Code of Civil Procedure and treated 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. 

ISSUES

1. Whether the tanneries were polluting the River Ganga?

JUDGEMENT

The Court described the functions of the State Board and the Central Board as stated in Section 16 and 17 of the Water (Prevention and Control of Pollution) Act, 1974 and held as follows:

“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.”

Functions of the Central Government: The Court further stated that Section 3 the Environment (Protection) Act, 1986 of 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 between water, air and land and human beings, other living creatures, plants, micro-organisms and property.

Sources of Pollution:

The Court further stated as follows:

The main sources of pollution of the Ganga are the following:-

1. Urban liquid waste (Sewage, storm drainage mixed with sewage, human, cattle and kitchen wastes carried by drains etc.)
2. Industrial liquid waste.
3. 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.
4. Surface turn-off from areas on which urban solid wastes are dumped.
5. Surface run-off from areas on which industrial solid wastes are dumped.
6. Effluent from industries: 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.

The setting up of “Ganga Action Plan”

The Court held that as 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:

1. 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.
2. 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.

CONCLUSION

Those tanneries who have already put up the primary treatment plants may continue to 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. If any of these tanneries does not set up a primary treatment plant, it is directed to stop its business.