ition No 3727 of 1985 Under Article 32 of the Constitution of India
MC Mehta Petitioner in person
B Datta Additional Solicitor General RP Kapur PP Singh and Ms A Subhashini for Respondent Nos 2 and 3 RA Gupta for Respondent No 87
SK Dholakia Deepak K Thakur Mukul Mudgal and P Narasimhan for Respondent No 89
Miss Bina Gupta BP Singh SR Srivastava Krishan Kumar Vineet Kumar R Mohan Mrs Shobha Dikshit A Sharan D Goburdhan Mrs GS Mishra Parijat Sinha RC Verma RP Singh Ranjit Kumar RB Mehrotra Manoj Swarup  Co Raj Birbal JBD  Co SS Khanduja BP Singh EC Aggrawala Khaitan  Co AK Srivastava Swarup John  Co Mehta Dave RS Sodhi Subodh Markandey TVSN Chari Ashok Grover Narain and PC Kapur for the Respondents
BRL Iyenger and Surya Kant for the Intervener
The Judgment of the Court was delivered by VENKATARAMIAH J
This is a public interest litigation The 284 petitioner who is an active social worker has filed this petition inter alia for the issue of a writorderdirection 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 credles of civilization from 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 order 1 rule 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 285 appearance before the Court
Some of them have filed counteraffidavits explaining the steps taken by them for treating the trade effluents before discharging t hem into the river
When the above case came up for consideration before the Court on the last date of hearing we directed that the case against the tanneries at Jajmau area near Kanpur would be taken up for hearing first
Respondents 14 to 87 and 89 are the tanneries near Kanpur
Of them respondents 16 to 32 34 to 36 43 47 51 52 54 55 57 58 60 to 62 64 67 to 69 72 74 75 77 to 82 85 87 and 89 are represented by counsel
The remaining tanneries did not appear before the Court at the time of the hearing nor were they represented by any counsel
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 1
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 planet 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
286 3
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 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 environ 287 ment 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 development 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 systems 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 288 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
Vide Lal s Commentaries on Water and Air Pollution Laws 2nd Edn  pages 6 7 Realising the importance of the prevention and control of pollution of water for human existence Parliament has passed the Act 6 of 1974 hereinafter referred to as 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 on and assigning to such Boards powers and functions relating thereto and for matters connected 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 clause 1 of Article 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 897ix 3 l00 74 dated 321975
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 section no person shall knowingly cause or permit any 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 consequences
The expression stream is defined by section 2j 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 289 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 section 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 wells
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 29 of 1986 which has been brought into force throughout India with effect from November 19 1986
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 between water air and land and human beings other living creatures plants micro organism and property
Vide section 2a of the Environment Protection Act 1986
Under Section 32iv 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 section S of the 290 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 respondent Nos 87 and 89 have relied upon a common counter affidavit filed by them and their case is argued by Shri SK Dholakia and Shri Mukul Mudgal
Respondent No 87 is represented by Shri RP 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 p 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 heit derives from time to time to meet the common expenses for maintenance replacement incurred towards effluent treatment
291 In the Fiscal Plan for setting up common Effluent Treatment Plants for Indian Tanning Industry March 1986 prepared by the committee constituted by the Directorate General of Technical Development Government of India it is observed thus Leather industry is one of the three major industries besides paper and textiles consuming large quantities of water for processing of hides and skins into leather Naturally most of the water used is discharged as wastewater
The wastewater contains putrescible organic and toxic inorganic materials which when discharged as such will deplete dissolved oxygen content of the receiving water courses resulting in the death of all acquatic life and emanating foul odour
Disposal of these untreated effluents on to land will pollute the ground water resources
Discharging of these effluents without treatment into public sewers results in the choking of sewers
Realising the importance of keeping the environment clean the Government of India has enacted the Water Pollution Control Act Central Act 6 of 1974 and almost all the State Government have adopted the Act and implementing the Act by forming the Pollution Control Boards in their respective states
The Pollution Control Boards have been insisting that all industries have to treat their effluents to the prescribed standards and leather industry is no exception to this rule
Tanneries situated all over the country have been faced with the problem of treating their effluents
Seized with the problem of finding out a solution the Central Leather Research Institute Madras has brought out a Management Investment Report CLRI Core Committee Report as early as 1976 which contains 14 flow sheets indicating the treatment technologies for various types of leather processing techniques quantity of effluents etc
including the cost of treatment
 A monograph entitled Treatment Technology of Tannery Effluents  prepared by section Rajamani W Madavakrishna and G Thyagarajan of the Central Leather Research Institute Adyar Madras states that generally the wastewater from beam house process namely soaking liming deliming etc are highly alkaline containing decomposing organic matter hair lime sulphide etc and is nearly ten times as strong as domestic sewage and refers to the various methods 292 by which the effluents of the tanneries could be treated before their discharge into any river
They recommend four types of wastewater treatment technology so far as the tanneries are concerned 1 segregation or mixing of suitable sectional waste water from different processes 2 primary treatment 3 secondary biological treatment and 4 disposal of solid wastes from the treatment system
The said monograph explains the work at the primary treatment unit thus The primary treatment units principally comprise of coarse screens two numbers of settling tanks and sludge drying beds
The settling tank each of about 1 2 days capacity acts as an equalisation cum setting tank as well
As an alternative clarifier can be provided in place of settling tank for treating higher capacity effluents
Depending on the quality of composite effluent addition of neutralising chemicals like lime alum ferric chloride etc would be required for effective precipitation of chromium and removal of suspended solids in the sedimentation process
The sludge from the settling tanks and clarifier is removed and dried on sludge drying beds made up of filtering media gravel sand and supporting masonary structure
For operational reasons sludge drying beds are divided into four or more compartments
The dried sludge from the sludge drying beds can be used as manure or for landfill if it is vegetable tannery waste
In case of chrome tannery waste the dried sludge should be buried or disposed off suitably as per the directions of regulatory agencies and local bodies
 The secondary treatment units are explained in the said monograph thus The pre treated effluent needs suitable secondary biological treatment to meet the pollution control standards
The general biological treatment units which can be adopted under Indian conditions are anaerobic lagoon aerated lagoon extended aeration systems like oxidation ditch activated sludge process etc
Anaerobic lagoon is a simple anaerobic treatment unit suitable for effluents with high BOD like vegetable tannery Raw to E 1 wastewater
In depth of the lagoon varies from 3 5 metres and detention time from l0 20 days 293 depending upon the pollutional load and atmospheric conditions
This is an open type digester with no provision for gas collection
No power is required for this system and its performance is proved to be efficient in South Indian conditions
Anaerobic contract filter is also an anaerobic treatment unit
This is a closed tank type unit made up of RCC Or masonry structure filled up with media like broken granite stones etc
This unit occupies less land area since the detention time is about 1 2 days only
This system is reported to be efficient for treating high organic load but the capital cost would be comparatively high
Aerated lagoon is a shallow water tight pond of about 2 3 metres depth with a detention time of about 4 6 days
Fixed or floating type surface aerators are provided to transfer oxygen from atmospheric air to the effluent for biological treatment using micro organisms under aerobic conditions
The system is suitable for treating low organic load
Extended aeration systems like activated sludge process  and oxidation ditch  are the improved aerobic biological treatment systems occupying less land area since the detention timecapacity would be only about 1 2 days
These units require secondary settling tank and sludge recirculation arrangements
Extended aeration systems are proved to be efficient
The operational and maintenance cost is comparatively high for smaller installations but economical for treatment capacity of 150 M3 and above per day
 A study of the conditions prevailing at Jajmau Kanpur was made by the Sub Committee on Effluent Disposal constituted by the Development Council for Leather and Leather Goods Industries along with the various tanneries situated in some other parts of India and in its report submitted in April 1984 the Sub Committee has observed in the case of the tanneries at Jajmau Kanpur thus 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 dis 294 charged to the common drainthe river Ganges
There are 60 tanneries in Jajmau which will be covered under joint effluent disposal
The total production is to the tune of 12000 hides with a total discharge of 5 million litres per day
The State Government has taken appropriate steps in preparation of the feasibility report under the guidance of UP Pollution Control Board
This proposal was also supported by Central Pollution Board Delhi by sharing the total fee of Rs80000 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
 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 11 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 especially the Kumbhs of Haridwar and Allahabad
Many towns on the Ganga eg 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 this pollution and restore the purity of river water
Sources of Pollution 21 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  295 Industrial liquid waste A Surface run off of cultivated land where cultivators use chemical fertilisers pesticides insecticides and such manures the mixing of which may make the river water unsafe for drinking and bathing
Surface run off from areas on which urban solid wastes are dumped Surface run off from areas on which industrial solid wastes are dumped         4412 Effluent from industries Under the laws of the land the responsibilty 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 wastewaters 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 Ist Additional H 296 Solicitor General of India placed before us a memorandum explaining the existing situation at Jajmau area of Kanpur
It reads 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 45 MLD of waste water
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 wastewater conforms to the standards laid down 3
From time to time tanneries of Kanpur have re presented 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 pre treatment 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 possibility 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 297 demonstrate application of modern technologies for cost A 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 Rs25 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
 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 pre treatment 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 Shir Mukul Mudgal that if some time is given to them to establish the pre treatment plants they would H 298 do so
lt is however submitted by all of them that it would not be possible for them to have the secondary system for treating wastewater 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 A  class tannery is Rs368000 the cost of the plant for a B  class tannery is Rs230000 and the cost of the plant for C  class tannery is Rs50000 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 wastewater 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 areas 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 may issue appropriate directions if it finds that the public nuisance or other wrongful 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
299 We accordingly direct Ms Delight Tannery respondent 14 Ms Hindustan Tannery respondent 15 Ms Primer Allarmin Tannery respondent 33 Ms Mahaboob Tannery respondent 37 Ms Popular Tannery respondent 38 Ms Standard Tannery respondent 39 Ms Vikash Tarmery respondent 40 Ms New Golden Tannery respondent 41 Ms DD Tannery respondent 42 Ms Himalaya Tannery respondent 44 Ms Commercial Industry respondent 45 Ms Madina Tannery respondent 46 Ms Kanpur Tannery respondent 48 Ms New Jab Tannery respondent 49 Ms Famous Tannery respondent 50 Ms Glaxy Tannery respondent 53 Ms Bengal Tannery respondent 56 Ms Chhangal Tannery respondent 59 Ms
Nadari Tannery respondent 63 Ms Jajmau Tanners respondent 65 Ms International Tanning Industry respondent 66 Ms Poorwanchal Tanning Industry respondent 70 Ms Navratan Tanning respondent 71 Ms Haroou Tannery respondent 73 Ms Himalaya Tanners respondent 76 Ms RA Traders respondent 79 Ms Alam Tannery respondent 83 Ms GT Tannery respondent 84 and Ms Awadh Tannery respondent 86 to stop the running of their tanneries and also not to let out trade effluents from their tanneries either directly or indirectly into the river Ganga without subjecting the trade effluents to a pretreatment process by setting up primary treatment plants as approved by the State Board respondent 8 with effect from 1 l01987
Ms Indian Tanning Industry respondent 30 the UP Tannery respondent 19 Ms Zaz Tannery respondent 28 Ms Super Tannery India Ltd respondent 21 Ms Shewan Tannery respondent 20 Ms Pioneer Tannery respondent 23 and Ms MKJ Corporation respondent 89 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
Shri SK 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 3131988 to set up the primary treatment plants
If 300 any of these tanneries does not set up a primary treatment plant within 3131988 it is directed to stop its business with effect from 141988
We issue a direction to the Central Government the Uttar Pradesh Board established under the provisions of the and the District Magistrate Kanpur to enforce our order faithfully
Copies of this order shall be cent 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
SINGH J
I respectfully agree with every word what my learned brother Venkataramiah J has stated in the proposed order and the directions issued by that order
However I wish to add few words
The river Ganga is one of the greatest rivers of the world although its entire course is only 1560 miles from its source in Himalaya to the sea
There are many rivers larger in shape and longer in size but no river in the world has been so great as the Ganga
It is great because to millions of people since centuries it is the most sacred river
It is called Sursari river of the Gods Patitpawani  purifier of all sins and Ganga Ma  Mother Ganges
To millions of Hindus it is the most sacred most venerated river on earth
According the Hindu belief and mythology to bathe in it is to wash away guilt to drink the water having bathed in it and to carry it away in containers for those who may have not had the good fortune to make the pilgrimage to it is meritorious
To be cremated on its banks or to die there and to have one s ashes cast on its waters is the wish of every Hindu
Many P saints and sages have persued their quest for knowledge and enlightenment on the banks of the river Ganga
Its water has not only purified the body and soul of the millions but it has given fertile land to the country in Uttar Pradesh and Bihar
Ganga has been used as means of water transport for trade and commerce
The Indian civilization of the Northern India thrived in the plains of Ganga and most of the important towns and places of pilgrimage are situated on its banks
The river Ganga has been part of Hindu civilization
Jawahar Lal Nehru who did not consider himself a devout Hindu gave expression to his feelings for the Ganga that is to be found in his Will and Testament a short extract from which is as under My desire to have a handful of my ashes thrown into the 301 Ganga at Allahabad has no religious significance so far as I am concerned
I have no religious sentiment in the matter
I have been attached to the Ganga and the Jamuna rivers in Allahabad ever since my childhood and as I have grown older this attachment has also grown
I have watched their varying moods as the seasons changed and have often thought of the history and myth and tradition and song and story that have become attached to them through the long ages and become part of their flowing waters
The Ganga especially as the river of India beloved of her people round which are intertwined her racial memories her hopes and fears her songs of triumph her victories and her defeats
She has been a symbol of India s age long culture and civilization ever changing ever flowing and yet ever the same Ganga
She reminds me of the snow covered peaks and the deep valleys of the Himalayas which I have loved so much and of the rich and vast plains below where my life and work have been cast
 The river Ganga is the life line of millions of people of India Indian culture and civilization has grown around it
This great river drains of eight States of India Himachal Pradesh Punjab Haryana Uttar Pradesh Rajasthan Madhya Pradesh Bihar and West Bengal
The Ganga has always been an integral part of the nation s history culture and environment
It has been the source of sustenance of the millions of people who have lived on its banks from time immemorial
Millions of our people bathe in the Ganga drink its water under an abiding faith and belief to purify themselves and to achieve moksha release from the cycle of birth and death
It is tragic that the Ganga which has since time immemorial purified the people is being polluted by man in numerous ways by dumping of garbage throwing carcass of dead animals and discharge of effluents
Scientific investigations and survey reports have shown that the Ganga which serves one third of the India s population is polluted by the discharge of municipal sewage and the industrial effluents in the river
The pollution of the river Ganga is affecting the life health and ecology of the Indo Gangetic Plain
The Government as well as Parliament both have taken a number of steps to control the water pollution but nothing substantial has been achieved
I need not refer to those steps as my learned brother has referred to them in detail
No law or authority can succeed in removing the pollution unless the people cooperate
To my mind it is the sacred duty of all those who reside or carry on business around 302 the river Ganga to ensure the purity of Ganga
Tanneries at Jajmau area near Kanpur have been polluting the Ganga in a big way
This Court issued notices to them but in spite of notice many industrialists have not bothered either to respond to the notice or to take elementary steps for the treatment of industrial effluent before discharging the same into the river
We are therefore issuing the directions for the closure of those tanneries which have failed to take minimum steps required for the primary treatment of industrial effluent
We are conscious that closure of tanneries may bring unemployment loss of revenue but life health and ecology have greater importance to the people


Summary:
The petitioner an active social worker filed a petition before this Court complaining that neither the Government nor the people were giving adequate attention to stop the pollution of the river Ganga and it was therefore necessary to take steps for the purpose of protecting the cleanliness of the stream in the river Ganga which was in fact the life sustainer of a large part of the northern India and sought the issue of a writorderdirection in the nature of mandamus to the respondents other than respondents Nos 1 and 7 to 9 restraining them from letting out the trade effluents into the river Ganga till such time they put necessary treatment plants for treating the trade effluents in order to arrest the pollution of water in the said river
This Court directed issue of notice under order 1 Rule 8 of the 280 Code of Civil Procedure treating the case as a representative action by publishing the gist of the petition in the newspapers in circulation in northern India and calling upon industrialists and the municipal corporations and town municipal councils having jurisdiction over the areas through which the river Ganga flows to appear before the Court to show cause as to why direction should not be issued as prayed for by the petitioner asking them not to allow trade effluents and sewage into the river Ganga without appropriately treating them before discharging them into the river
Pursuant to the aforesaid notice a large number of industrialists and legal bodies entered appearance
Some filed counter affidavits ex plaining the steps taken by them for treating trade effluents before discharging them into the river
The case against the tanneries at Jajmau Kanpur was first taken up by the Court for consideration
Forty three respondents admitted in their counter affidavits that the tanneries discharged their trade effluents into the sewage nallah which led to the municipal sewage plant before they were thrown into the river Ganga
The Court was informed that six of the tanneries had already set up and fourteen were engaged in construction of primary treatment plants and some others pleaded for time to do so
It was submitted on behalf of the respondents that it would not be possible for them to have secondary system for treating waste water in view of the enormous expenditure involved which the tanneries would not be able to meet
Some of the tanneries neither appeared nor were represented by counsel in this Court
Issuing interim directions this Court  HELD 11 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 campassion for living creatures
285C D Realising the importance of the prevention and control of pollution of water for human existence Parliament passed the  to provide for the 281 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 on and assigning to such Boards powers and functions relating thereto and for matters connected therewith Sections 16 and 17 of the Act describes the functions of the Central and the State Board
The Act was adopted by the State of Uttar Pradesh
In addition Parliament also passed the Environmental Prevention Act 1986 which came into effect from November 1986 throughout India
288B D 289A F 12 Notwithstanding the comprehensive provisions contained in the Act of 1974 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
Not much has been done even under the Act of 1986 by the Central Government to stop the grave public nuisance caused by the tanneries at Jajmau Kanpur
289 E 290C 13 There is no doubt that the discharge of the trade effluents from the tanneries into the river Ganga has been causing considerable damage to the life of the people who use the water of the river and also to the aquatic life in the river
The effluents discharged from a tannery is 10 times noxious when compared with the domestic sewage which flows into the river from any urban area on its banks
The tanneries at Jajmau Kanpur cannot be allowed to continue to carry on the industrial activity unless they take steps to establish primary treatment plant
298E F No doubt it may not be possible for the tanneries to establish immediately the secondary system plant in view of the large expenses 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 primary treatment plants which is the minimum that the tanneries should do in the circumstances of the case
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 282 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 this case are not taken by surprise
For several years they are being asked to take necessary steps to prevent the flow of untreated water from their factories into the river
Some of them have already complied with the demand
298C E 14 In cases of this nature this Court may issue appropriate directions if it finds that the public nuisance or other wrongful act affecting or likely to affect public is being committed and the statutory authorities which are charged with the duty to prevent it are not taking adequate steps to rectify the grivevance
For every breach of right there should be a remedy
298F G 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 they are directed to stop running of their tanneries and also not to let out trade effluents either directly or indirectly into the river Ganga without subjecting the trade effluents to a pretreatment process by setting up primary treatment plants as approved by the State Board with effect from October 1 1987
Time granted till 3131988 to other tanneries who are members of the Hindustan Chambers of Commerce and the other tanneries to establish primary treatment plants within six months
If any of these tanneries does not set up a primary treatment plant within 3131988 such a tannery will stop business with effect from 141988
298G H 299D G H 300A Such of those tanneries who have already put up primary treatment plants may continue running provided they keep the plants in sound working order299Fl The Central Government the Uttar Pradesh Board established under the provisions of the and the District Magistrate Kanpur are directed to enforce this order
30OB l Per Singh J supplementing The pollution of the river Ganga is affecting the life health and 283 ecology of the Indo Gangetic Plain
The Government as well as Parliament both have taken a number of steps to control the water pollution but nothing substantial has been achieved
No law or authority can succeed in removing the pollution unless the people cooperate
It is the sacred duty of all those who reside or carry on business around the river Ganga to ensure the purity of Ganga
Tanneries at Jajmau area near Kanpur have been polluting the Ganga in a big way
Though notices were issued many industrialists have not bothered either to respond to the notice or to take elementary steps for the treatment of industrial effluent before discharging the same into the river
Those tanneries which have failed to take minimum steps required for the primary treatment of industrial effluent are directed to be closed
No doubt closure of tanneries may bring unemployment loss of revenue but life health and ecology have greater importance to the people
301G H 302A B