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Supreme Court of India

M.C. MEHTAversusUNION OF INDIA & OTHERS

Citation
1987 INSC 261
Decided
22 September 1987
Disposal
Directions issued

Holding

The Court held that tanneries must install primary effluent treatment plants and may be ordered to shut down if they fail to do so, and that the State Board and Government are bound to enforce this direction.

Summary

M.C. Mehta, a social worker, filed a writ petition under Article 32 seeking directions to stop the discharge of untreated tannery effluents into the River Ganga. The Court treated the case as a representative action, issuing notices to industrialists and municipal bodies and hearing evidence that many tanneries at Jajmau, Kanpur were discharging highly toxic waste into the river via municipal sewers. Relying on Article 48A, Article 51A of the Constitution, the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986, the Court held that the tanneries were creating a public nuisance and that the State Board had failed to enforce the statutes. It directed all tanneries that had not yet installed primary treatment plants to do so by 1 October 1987, granting a six‑month extension to some, and ordered closure of any tannery that failed to comply by 31 March 1988. The Central Government, the Uttar Pradesh Pollution Control Board and the District Magistrate, Kanpur were directed to enforce the order.

Issues considered

  • Whether the discharge of untreated tannery effluents into the Ganga constitutes a public nuisance and a violation of statutory duties.
  • Whether the State Board under the Water (Prevention and Control of Pollution) Act, 1974 has a duty to enforce treatment of industrial effluents.
  • Whether the Court can issue mandatory directions under Article 32 to compel installation of primary treatment plants and closure of non‑compliant units.

Legislation cited

Subjects

environmental lawwater pollutionpublic nuisancetanneriesRiver Gangaprimary treatment plantArticle 48AArticle 51AArticle 32writ petitionpollution control

Judgment

                               M.C. MEHTA
                                      v.                                    A
                    UNION OF INDIA & OTHERS

                          SEPTEMBER 22, 1987

         [E.S. VENKATARAMIAH AND K.N. SINGH, •JJ.]                          B

        Constitution of India, 1950: Articles 48A and 5 lA-State to
  protect and improve environment-Fundamental duty of every citizen
  to improve natural environment.

        Environmental Law                                                   c
      Water (Prevention and Control of Pollution) Act, 1974 and Envi-
  ronment (Protection) Act, 1986:

        'Environment'-Discharge of effluents from tannery into the D
  River Ganga--Necessity to establish primary treatment plants-Closure
  of tanneries directed on failure to comply-Life, health and ecology
  have great importance.

        Practice and Procedure: Court can issue appropriate directions if
  it finds public nuisance being committed and statutory authorities not E
  taking adequate steps to rectify the grievance.

        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 F
~ 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
  writ/order/direction in the nature of mandamus to the respondents
  other than respondents Nos. I and 7 to 9 restraining them from letting
  out the trade effluents into the river Ganga till such time they put G
  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 I Rule 8 of the
                                                                            H

                                      279
     280                    SUPREME COURT REPORTS           (1988] 1 S.C.R.

     Code of Civil Procedure treating the case as a representative action by
A    publishing the gist of the petition in the newspapers in circulation in
     northern India and calling upon industrialists and the municipal corpo·
     rations 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 h" issued as prayed for by the
B    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
c    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
t>   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 tbe tanneries had already set
     up and fourteen were engaged in construction ot primary treat'!'ent
     plants, and some others pleaded for time to do so. It was submitted on
E    behalf ofthe 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.

F          Issuing interim directions, this Court,

           HELD: 1.1 Article 48·A of the Constitution provides that the J"
     State shall endeavour to protect and improve the environment and to
     safeguard the forests and wild life of the country. Article Sl·A of the
     Constitution imposes as one of the fundam.,ntal duties on every citizen
G    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 I

          Realising the importance of the prevention and control of pollu·
     lion of water for human existence, Parliament passed the Water
H    (Prevention and Control of Pollution) Act, 1974, to provide for the
                                        M.C. MEHTA v. U.0.1.                        281

                prevention and control of water pollution and the maintaining or
 '/"-·          restoring of wholesomeness of water, for the establishment, with a view
                                                                                            A
                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      B
                Pradesh. In addition, Parliament also passed the Environmental
 y              (Prevention) Act, 1986 which came into effect from November, 1986,


-               throughout India. [288B-D; 289A, F]

                       1.2 Notwithstanding the comprehensive pro•isions contained in
                the Act of 1974, no effective steps appear to have been taken by the
                State Board so far to pr~vent the discharge of effiuents of the Jajmau
                                                                                            c
./r             near Kanpur to the_river Ganga. The fact that such effiuents are being
                first discharged into the municipal sewerage does not absolve the tan-
                neries from being proceeded against under the provisions of the law in
                force since ultimately the emuents reach the river Ganga from the
                sewerage system of the municipality. Not much h1is been done even           D
                under the Act of 1986 by the Central Govermnent to stop the grave public
                nuisance caused by the tanneries at Ja,jmau, Kanpur. [2890-E; 290C]

                      1.3 There is no doubt that the discharge of the trade effiuents
                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    E


..              to the aquatic life in the river. The effiuents discharged from a tannery
                Is 10 times noxious when compared with the domestic sewage which
                nows into the river from any urban area on its banks. The tanneries at
                Jajmau, Kanpur cannot be allowed to continue to carry on the indust-
                rial activity unless they take steps to establish primary treatment
                plant. [298E-F]                                                             F
     A
                      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 effiuents 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 G
                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 in-
                dustry 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 H
     282                     SUPREME COURT REPORTS             [1988] 1 S.C.R.

    effect on the public at large which is likely to ensue by the discharging of
A
    the trade effiuents from the tannery to the river Ganga would be im-           ~
    mense 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
B   the flow of untreated water from their factories into the river. Some of
    them have already complied with the demand. [298C-E]

           1.4 In cases of this nature this Court may issue appropriate direc-
                                                                                   '<"
    tions if it finds that the public nuisance or other wrongful act affecting            ._
    or likely to affect public is being committed and the statutory autho·
    rities which are charged with the duty to prevent it are not taking
c   adequate steps to rectify the grivevance. For every breach ofright 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
D appearance in this Court to express their willingness to take appro-
  priate 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 effiuents either directly or indirectly into the river
  Ganga without subjecting the trade effiuents to a pretreatment process
  by setting up primary treatment plants as approved by the State Board
E with effect from October l, 1987. Time granted till 31.3.1988 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 31.3.1988 such a tannery will stop business with effect
  from 1.4.1988. [298G-H; 299D, G-H; 300A]
p
         Such of those tanneries who have already put up primary treat-  )c_
    ment plants may continue running provided they keep the plants in ,-
    sound working order. [299F)

          The Central Government, the Uttar Pradesh Board, established
G   under the provisions of the Water (Prevention and Control of Pollution)
    Act, 1974 and the District Magistrate, Kanpur are directed to enforce
    this order. [300B]

           Per Singh, J: (supplementing)
                                                                                   >--
H          The pollution of the river Ganga is affecting the life, health and
                 M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.]                 283

    ecology of the lndo-Gangetic Plain. The Government as well as Parlia-
                                                                                 A
    ment 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            B
    were issued many industrialists have not bothered either to respond to
y   the notice or to take elementary steps for the treatment of industrial
    effiuent before discharging the same into the river. Those tanneries
    which have failed to take minimum steps required for the primary
    treatment of industrial effiuent 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. [30IG-H; 302A-B]
                                                                                 c

          ORIGINAL JURISDICTION: Writ Petition No. 3727 of 1985.

          Under Article 32 of the Constitution of India.
                                                                                 D
          M.C. Mehta (Petitioner-in-person).

         B. Datta, Additional Solicitor General, R.P. Kapur, P.P. Singh
    and Ms. A Subhashini for Respondent Nos. 2 and 3.

          R.A. Gupta for Respondent No. 87.                                      E

         S.K. Dholakia, Deepak K. Thakur, Mukul Mudgal and P.
    Narasimhan for Respondent No. 89.

         Miss Bina Gupta, B.P. Singh, S.R. Srivastava, Krishan Kumar,
    Vineet Kumar, R. Mohan, Mrs. Shobha Dikshit, A. Sharan, D.                   F
    Goburdhan, Mrs. G.S. Mishra, Parijat Sinha, R.C. Verma, R.P.
     ingh, Ranjit Kumar, R.B. Mehrotra, Manoj Swarup & Co. Raj
    Birbal, J.B.D. & Co. S.S. Khanduja, B.P. Singh, E.C. Aggrawala,
    Khaitan & Co., A.K. Srivastava, Swarup John & Co., Mehta Dave,
    R.S. Sodhi, Subodh Markandey, T.V.S.N. Chari, Ashok Grover,
    Narain and P.C. Kapur for the Respondents.                                   G

          B.R.L. lyenger and Surya Kant for the Intervener.

          The Judgment of the Court was delivered by

          VENKATARAMIAH, J. This is a public interest litigation. The            H
    284                    SUPREME COURT REPORTS             [1988] I S.C.R.

A petitioner who is an active social worker has filed this petition inter alia   ~
  for the issue of a writ/order/dfrection in the nature of mandamus to the
  respondents other than Respondents I, 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 I
B 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               ''i
  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.
C 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
D 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 mil-
  lions 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
E 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 clean-
  liness of the stream in the river Ganga, which is in fact the life sustainer
  of a large part of the northern India.
F
         When this petition came up for preliminary hearing, the Court h
  directed the issue of notice under order I 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 corpora-
G lions 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
H notice a large number of industrialists and local bodies have entered
                         M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.]                   285

           appearance before the Court. Some of them have filed counter-                   A
           affidavits explaining the steps taken by them for treating the trade
           effluents before discharging them 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           B
           36, 43, 47, 51, 52, 54, 55, 57, 58, 60 to 62, 64, 67 to 69, 72, 74, 75, 77 to
y          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 C
           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 lhe 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 D
           forests, lakes, rivers and wild life and to have compassion for living
           creatures. The proclamation adopted by the United Nations Confer-
           ence 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:
                                                                                      E
                               "1. Man is both creature and moulder of his environ-



-
                        ment which gives him physical sustenance and affords him
                        the opportunity for intellectnal, 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 F

    J   \_
                        acquired the power to transform his environment in count-
                        less  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.
                                                                                      G
                               2. 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.
                                                                                           H
    286             SUPREME COURT REPORTS             [1988] 1 S.C.R.

                3. Man has constantly to sum up experience and go
A
          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 oflife. Wrongly
          or heedlessly applied, the same power can do incalculable
B         harm to human beings and the human envitonment. 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
c         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 pru-
          dent care for their environmental consequences. Through
                                                                          -
D
          ignorance or indifference we can do massive and irreversi-
          ble 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
E         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



F
          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 estab- -
          lished and fundamental goals of peace and of world-wide
          economic and social development.
G
                 To achieve this environmental goal will demand the
          acceptance of responsibility by citizens and communities
          and by enterprises and institutions at every level, all shar-
          ing equitably in common efforts. Individuals in all walks of
          life as well as organizations in many fields, by their values
H         and the sum of their actions, will shape the world environ-
               M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]               287

              men! of the future. Local and National Governments will        A
              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 respon-
              sibilities in this field. A growing class of environmental
              problems, because they are regional or global in extent or     B
    ..        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 improve-
              men! of the human environment, for the benefit of all the      c
~
              people and for their posterity."

                   The proclamation also contained certain common
              convictions of the participant nations and m.ade certain re-
              commendations on development and environment. The
              common convictions stated include the conviction that the D
              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 harm-
              less must be halted in order to ensure that serious or ir-
 ,....        reversible damage is not inflicted upon eco systems, that
              States shall take all possible steps to prevent pollution of E
              the seas so that hazards to human health, harm to living
              resources and marine life, damage to the amenities or in-
              terference with other legitimate uses of seas is avoided that
              the environmerltal policies would enhance and not adver-
              sely affect the present and future development potential of
          I   development countries, that science and technology as part F
              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 exploita-
              lion of their own resources within their jurisdiction are G
              controlled and do not cause damage to the environment of
              other States or areas beyond the limit of national jurisdic-
    --1       tion, 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 H
    288                   SUPREME COURT REPORTS            [1988] 1 S.C.R.

                and of unwarranted social cost and that man and his envi-
A
                ronment 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.

B               (Vide Lal's Commentaries on Water and Air Pollution
                Laws (2nd Edn.) pages 6-7

        Realising the importance of the prevention and control of pollu-
  tion of water for human existence Parliament has passed the Water
  (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974)
C (hereinafter referred to as 'the Act') to provide for the prevention and
  control of water pollution and the maintaining or restoring of whole-
  someness 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.
D The Act was passed pursuant to resolutions passed by all the Houses of
  Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Hima-
  chal Pradesh, Jammu and Kashmir, Kamataka, 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
E 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 notifica-
  tion No. 897/ix-3-100-74 dated 3.2.1975). Section 24 of the Act pro-
  hibits 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
F 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
G 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 conse-
  quences. The expression stream is defined by section 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
H the State Government may by notification in the Official Gazette,
                       M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]               289

          specify in that behalf. Under the Act it is permissible to establish a      A
          Central Board and the State Boards. The functions of the Central
          Board and the State Boards are described in section 16 and 17 respec-
          tively. 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    B
          the system for the disposal of sewage or trade effluents. 'Trade
          effluent' includes any liquid, gaseous or solid substance which is dis-
          charged 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
                                                                                      c
          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 restrain-
          ing apprehended pollution of water in streams or wells. Notwithstand-
          ing the comprehensive provisions contained in the Act no effective          D
          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 pro-
          ceeded against under the provisions of the law in force since ultimately
          the effluents reach the river Ganga from the sewerage system of the         E
          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      F
           J 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.     G
             (Vide section 2(a) of the Environment (Protection) Act, 1986). Under
             Section 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. I Notwithstanding anything contained in
             any other law but subject to the provisions of the Environment (Pro-
             tection) Act, 1986, the Central Government may under section 5 of the    H
    290                   SUPREME COURT REPORTS           [1988] 1 S.C.R.

  Act, in the exercise of its powers and performance of its functions
A                                                                             -"'(
  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 elec-
B tricity 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 en-
  vironmental 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
c 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 S.K.
D   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 dis-
    charge 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.
E   The tanneries at Jajmau in Kanpur have themselves formed an associa-       ~
    tion called Jajmau Tanners Pollution Control Association with the
    objects among others:



f
           (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.

G      (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
H effluent treatment.
                  M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]              291

            In the Fiscal Plan for setting up common Effluent Treatment
                                                                              A
      Plants for Indian Tanning Industry-(March, 1986) prepared by the
      committee constituted by the Directorate General of Technical
      Development (Government oflndia) it is observed thus:-

                      "Leather industry is one of the three major industries
                besides paper and textiles consuming large quantities of B
                water for processing of hides and skins into leather. Natur-
                ally most of the water used is discharged as wastewater.
                The wastewater contains putrescible organic and toxic inor-
                ganic 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 C
                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 D
                clean, the Government of India has enacted the Water Pol-
                lution Control Act (Central Act 6 of 1974) and almost all
                the State Government have adopted the Act and imple-
                menting 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 E
                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 p
                Core Committee Report) as early as 1976 which contains 14
                flow sheets indicating the treatment technologies for vari-
                ous types of leather processing techniques, quantity of
                effluents etc. including the cost of treatment."

           A monograph entitled 'Treatment Technology of Tannery G
      Effluents' prepared by S. Rajamani, W. Madavakrishna and G.
      Tbyagarajan 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 H
    292                   SUPREME COURT REPORTS             (1988] 1 S.C.R.

A 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) segre-
  gation or mixing of suitable sectional waste water from different pro-
  cesses; (2) primary treatment; (3) secondary biological treatment; and
  ( 4) disposal of solid wastes from the treatment system. The said mono-
B graph 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 settl-
c              ing tank for treating higher capacity effluents. Depending
               on the quality of composite effluent, addition of neutralis-
               ing chemicals like lime, alum, ferric 'Chloride etc. would be
               required for effective precipitation of chromium and
               removal of suspended solids in the sedimentation process.
D              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
E              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 mono-
f   graph thus:

                     "The pre-treated effluent needs suitable secondary
               biological treatment to meet the pollution control stan-
               dards. The general biological treatment units which can be
               adopted under Indian conditions are anaerobic lagoon,
G              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. I) wastewater. In depth of the lagoon
H              varies from 3-5 metres and detention time from 10-20 days
                         M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.J              293

                        depending npon the pollutional load and atmospheric con- A
                        ditions. 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 treat- B
                        ment unit. This is a closed tank type unit made up of
                        R.C.C. or masonry structure filled up with media like bro-

..                      ken 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.
                                                                                      c
                              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 D
                        conditions. The system is suitable for treating low organic
                        load.

                              Extended aeration systems like 'activated sludge pro-
                        cess' and 'oxidation ditch' are the improved aerobic biolo-
                        gical treatment systems occupying less land area since the    E
                        detention time/capacity would be only about 1-2 days.


-
                        These units require secondary settling tank and sludge re-
                        circulation arrangements. Extended aeration systems are
                        proved to be efficient. The operational and maintenance
                        cost is comparatively high for smaller installations, but
        I               economical for treatment capacity of 150 M3 and above per     F
     ....\              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 G
             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-      H
      294               SUPREME COURT REPORTS            [1988] 1 S.C.R.

              charged to the common drain/the river Ganges. There are
A
              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
Ill           U.P. Pollution Control Board. This proposal was also sup-
              ported by Central Pollution 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 pri-
              mary treatment of their effluent and then it will be dis-
c             charged 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
D 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
IE            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 religi-
              ous festivals, especially the Kumbhs 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 this pollution and restore
              the purity of river water.

G             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
H             with sewage, human, cattle and kitchen wastes carried by
              drains etc.)
                            M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.)             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.
                                                                                        B
                               Surface run-off from areas on 'Yhich urban solid
                          wastes are dumped

                               Surface run-off from areas on which industrial solid
                          wastes are dumped
                                                                                        c
                          4.4.12 Effluent from industries:

                                Under the laws of the land the responsibilty for treat-
                          ment of the industrial effluents is that of the industry.
                          While the concept of 'Strict Liability' should be adhered to D
                          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 pol-
                          lution to the river such as the tanneries in Jajmau in Kanpur
                          is a case in point. In some cases, waste waters from some E
                          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 neces-
                          sary in some crowded areas to accept wastewaters of in-
                          dustries in a city sewer to be fed to the treatment plant,
         I
                          provided the industrial waste is free from heavy metals, F
    ,....(
                          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 G
                          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 1st Additional H
    296                   SUPREME COURT REPORTS             [ 1988] 1 S.C.R.

    · Solicitor General of India placed before us a memorandum explaining        r'f
A     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.
B
                      1. 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.

                       2. Under the existing laws, tanneries like other
                industries are expected to provide treatment of their
c               effluents to different standards depending on whether
                these are discharged into stream or land. It is the responsi-
                bility of the industry concerned to ensure that the quality of
                the wastewater conforms to the standards laid down.

D                    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 ade-
                quate treatment facilities.

                       4. Jajmau is an environmentally degraded area of
E               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 pro-
F               ject 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
                diseharged into the municipal sewer also conform to the
G               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
H               the Ganga Action Plan, will play a facilitative role to
                               M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.]                297

                             demonstrate application of modern technologies for cost         A
                             effective pre-treatment which the small tanners can afford.

                                   (ii) Since the ~astes 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    B
                             as part of the Ganga Action Plan a treatment plant will be
                             constructed for this purpose utilising some advanced pro-
                             cesses. 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
                                                                                             c
~                            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 D
                             for designing of the plant has already been initiated and the
                             infrastructure facilities such as availability of land, soil test-
                             ing etc. have also been ensured. Tender specifications are
                             being provided and it is expected ihat 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 E


..
         '
                             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 Cham-
                  bers of Commerce, of which 43 respondents are members it is admitted
             I    that the tanneries discharge their trade effluents into the sewage nullah F
     _,.(         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 G
                  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                   SUPREME COURT REPORTS             [1988] 1 S.C.R.

      do so. It is, however, submitted by all of them that it would not be
A
      possible for them to have the secondary system for treating wastewater
                                                                                   ·'"1
      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
B     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 whlch 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 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
c
                                                                                   ~
      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
D     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
E     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 comp-
      lied with the demand. It should be remembered that the effluent dis-
      charged from a tannery is ten times noxious when compared with the
      domestic sewage water which flows into the river from any urban areas
                                                                                          --
F     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
G     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 J ajmau 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
I-l   order directing them to stop working their tanneries should be passed.
                        M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]               299

           We accordingly direct M/s. Delight Tannery (respondent 14), M/s.           A
           Hindustan Tannery (respondent 15), M/s. Primer Allarmin Tannery
           (respondent 33), M/s. Mahaboob Tannery (respondent 37), M/s.
           Popular Tannery (respondent 38), M/s. Standard Tannery (respondent
           39), M/s. Vikash Tannery (respondent 40), M/s. New Golden Tannery
           (respondent 41), M/s. D.D. Tannery (respondent 42), M/s. Himalaya
           Tannery (respondent 44}, M/s. Commercial Industry (respondent 45},         B
           M/s. Madina Tannery (respondent 46), M/s. Kanpur Tannery (respon-
           dent 48), M/s. New Jab Tannery (respondent 49), M/s. Famous
           Tannery (respondent 50), M/s. Glaxy Tannery (respondent 53}, M/s.
..         Bengal Tannery (respondent 56), M/s. Chhangal Tannery (respondent
           59}, M/s.Nadari Tannery (respondent 63}, M/s. Jajmau Tanners
           (respondent 65), M/s. International Tanning Industry (respondent
           66), M/s. Poorwanchal Tanning Industry (respondent 70), M/s. Navra-
                                                                                      c
           tan Tanning (respondent 71), M/s. Haroou Tannery (respondent 73),
           M/s. Himalaya Tanners (respondent 76}, M/s. R.A. Traders (respon-
           dent 79, M/s. Alam Tannery (respondent 83}, M/s. G.T. Tannery
           (respondent 84), and M/s. Awadh Tannery (respondent 86} to stop the
           running of their tanneries and also not to let out trade effluents from    D
           their tanneries either directly or indirectly into the river Ganga with-
           out subjecting the trade effluents to a pretreatment' process by setting
           up primary treatment plants as approved by the State Board (respon-
           dent 8) with effect from 1.10.1987.

             M/s. Indian Tanning Industry (respondent 30), the U.P. Tannery           E
        (respondent 19),' M/s. Zaz Tannery (respondent 28}, M/s. Super



-    ..t
        Tannery India Ltd. (respondent 21}, M/s. Shewan Tannery (respon-
        dent 20}, M/s. Pioneer Tannery (respondent 23}, and M/s. M.K.J.
        Corporation (respondent 89) who have already put up the primary
        treatment plants may continue to carry on production in their factories
      r subject to the condition that they should continue to keep the primary
        treatment plants established by them in sound working order.
                                                                                      F

           \,_
                 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 G
           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 H
    300                   SUPREME COURT REPORTS            [1988] 1 S.C.R.

A any of these tanneries does not set up a primary treatment plant within      '1
  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
B 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.
c         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,
D 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 )....,
IE 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 Md 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
F saints and sages have persued their quest fm knowledge and enlighten-
   ment 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 im-
G portant towns and places of pilgrimage are situated on its banks. The
   river Ganga has been part of Hindu civilization. Pt. 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:

H              "My desire to have a handful of my ashes thrown into the
                         M.C. MEHTA v. U.0.1. (SINGH, J.]                  301

                  Ganga at Allahabad has no religious significance, so far as I
                                                                                  A
                  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      B
                  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


t
                  defeats. She has been a symbol of India's age-long cutlure
                  and civilization, ever-changing, ever-flowing, and yet ever
                                                                                  c
                  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 .."
                                                                                  D
             The river Ganga is the life line of millions of people of India,
       Indian culture and dvilization 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       E
       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 F
 J 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 G
    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 H
   302                   SUPREME COURT REPORTS          [ 1988] 1 S.C.R.

A 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 oetore dis-
  charging the same into the river. We are therefore issuing the direc-
B tions 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 unemp-
  loyment, loss of revenue, but life, health and ecology have greater
  importance to the people.

C N.P.V.


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