Wednesday, May 23, 2012

Ganga water has an unique, physico/chemical characteristic, which in suitable for the proliferation on of a bacteria needed to complete the reproductive cycle of the Bacteriophages present in its water


   IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
*********
CIVIL MISC. WRIT PETITION NO.  4003 OF 2006
(Under Article 226 of the Constitution of India)
DISTRICT, ALLAHABAD
Harchetan Branhchari Ji Mahraj, Sri   Paramnand Ashram, Teakar Mafi,Amathi, District Sultanpur at Present Residing at Jhoosi, Post Jhoosi, Dist. Allahabad  ………………………………………………………………….Petitioner.
                Versus
1.  State of U. P. through Secretary,Environment, Government of U. P.
Secretariat, Lucknow (U. P.)
2.  The Commissioner, Allahabad Division, Allahabad.
3.  The Collector, Allahabad, Dist. Allahabad.
4.  The Mala Officer Incharge, Magh Mela, Allahabad.
5.  State Board for Prevantation and control of water Pollution through its Chairmen       ……………………..Respondents
To,
The Hon’ble The Chief Justice and his Lordship’s other companion Judges of this Hon’ble Court.
     The humble application of the applicant submits the report in the matter of Ganga Pollution   as under:-
REPORT OF Yogesh Kumar Saxena,  Special Officer, GANGA  pollution matter HIGH POWER COMMITTEE OF ALLAHABAD HIGH COURT Ex. Senior Vice President Advocate’s Association High Court Allahabad FOLLOWED BY SPOT INSPECTION OF THE HIGH POWER COMMITTEE CONVENED AT SANGAM
1.       In Bijoe Emmanu    That Ganga water has an unique, physico/chemical characteristic, which in suitable for the proliferation on of a bacteria needed to complete the reproductive cycle of the Bacteriophages present in its water. No river evokes such feeling in the human mind as the Ganga does. The very name “Ganga” conjures of picture of a holiness’ of peace and joy’ of beauty land sweetness of all that is uplifting in the mind in the mind of Hindu. It is a meeting point for both the rich and poor, who believe that it a divine route to heaven. The spiritual sanctity of the water of River Ganga, deeply associated with the rituals and custom of Hindu philosophy, regarding its great traditions; and simultaneously emergence of the dead body or its ashes in holy water.
2.      el Vs. state of Kerala  (1986) 3 SCC 615 , the question raised in the aforesaid case as to whether three children who were faithful to Jehovah’s witnesses may refuse to sing any national anthem or salute the national flag of our country despite being the student in the school where during morning assembly the national anthem is sung by other children the circular issued by the director of public instruction Kerala provide obligation of school children  to National Anthem .Thus these children were expelled. The Hon’ble Supreme court, while setting aside the aforesaid order of expulsion of the children from the school, was pleased to examine; as to whether the children faithful to Jehovah’s witnesses, a worldwide sect of Christianity may be compelled against tenets of their religious faith duly recognized and well established all over the world which was upheld by the highest court in United States of America, Australia and Canada and find recognition in Encyclopedia Britannica. The verdict given by the Hon’ble Apex Court with regard to the “Right Of Conscience” in our   great country, having unity in diversity of every religion is relevant for the protection of the Fundamental Rights Guaranteed to Hindu Pilgrimage assembled from through out the world during Ardh-Kumbha festival at Sangam, is relevant for issuance of strict guidelines to the State Govt. on account of breach of undertaken given by State Govt. before this Hon’ble court.       
3.       That Article 25 of the constitution if India secures to every person, subject of course to public order, health and morality and other provisions of Part III, including Article 17 freedom to entertain and exhibit outward acts as well as propagate and disseminate such religious belief according to its conscience for edification of others. The right of the State to impose such restrictions as are desired or found necessary on grounds of public order, health and morality is inbuilt in Arts. 25 and 26 itself. Article 25(2)(b) ensures the right of the State to make a law providing for social welfare and reforms besides throwing open of Hindu religious institutions of a public character to classes and Sections  of Hindus and any such rights of State or of the communities or classes of the society were also considered to need due regulation in the process of harmonizing the various rights. The vision of the founding fathers of the Constitution to liberate the society from blind and ritualistic adherence to mere traditional superstitious beliefs sans reason or rational basis has found expression in the form of Art. 17. The protection under Arts. 25 and 26 extends a guarantee for rituals and observances, ceremonies and modes of worship which are integral parts of religion but as to what really constitutes an essential part of religion or religious practice has to be decided by the courts with reference to the doctrine of a particular religion or practices regarded as parts of religion.
4.            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 that took place at Stockholm from June 5 to 16, 1972 and in which the Indian delegation led by the Prime Minister of India took a leading role.
5.          That the constitutional obligation issued effective orders to ensure the protection of the environment and to provide a check to the spreading pollution and thereby non compliance of anti-pollution low and the infringement thereof result in spreading of pollution and thereby degradation of  ecology (Indian Council for Environ-legal Action versus Union of India in 1996(V)SCC-281).
6.            That the coliform count (measure of human/animal bacteria) in the Ganges is in some places 140,000, 23,000 and 43,000. The highest count should not be above 500 for the water in the considered safe. The Bio-Chemical Oxygen Demand (measures organic waste) in some places along the Ganges in 36, 75 and 64. The safest required level of Bio-Chemical Oxygen Demand should not exceed 3.
7.       That some 300 million gallons of waste go into the Ganges each day and the effects are stunning recent water samples collected in Varanasi revealed fecal-coliform counts of about 50,000 bacteria per 100 milliliters of water. 10,000% higher than the government standard for safe river bathing. The result of this pollution is an array of water-home diseases including cholera, hepatitis, typhoid and amoebic dysentery. An estimated 80% of all health problems and one-third of deaths in India are attributable to water-borne in diseases.
8.       That the undertaking given on behalf of the State Govt. for release of 1,000 cusec water from Narora w.e.f. 10.12.2006 regularly on day-to-day basis upto 16.2.2007 has been flouted. It is submitted that by an order dated 15.11.2006 followed by the meeting held on 26.11.2006, it was brought during the course of deliberation the technical committee which was formulated earlier, deliberated the various pros and cons with regard to the aforesaid release and the appropriate steps were directed to be taken to seek full coordination and cooperation from the State of Uttaranchal.
9.       That in this regard the report submitted by the authority during the discussion of high level committee has in itself admitted that although the date of the release of water from Narora was allegedly changed from 10th December, 2006 to 14th December, 2006 for release of 1000 cusecs of water and it was further assured that from 23 December 2006 there shall be the release of 1500 cusecs of water released. This was assured as the emergent steps taken for ensuring the trust of the pilgrimage assembling for taking the holy dip inside the water river Ganga Ji on PURNIMA BATHE of the spiritually connected Sanyasi, who have denounced the worldly affairs in the search of the ceremonial rituals as to step up for spiritual enlightenment.
10.            That upto 2nd January, 2007 and till the time of taking the dip in side the water of holy Ganga at 8.30 A.M., there was not the sufficient water even for taking the dip by the religious persons and the colour of water was greenish black and as such 45% of the pilgrimage have declined to take dip at Sangam. These people have assembled from the different corner of the country and inspite the claim of having the bathe taken by around 15 Lacs pilgrimage out of 60 Lacs people assembled there, there was hardly 50000 – 60000 people who have actually taken the bathe.
11.             That the reason for non-supply of the water was that although, it was claimed that the water was released from Narora to the tune of 1000 cusec from 14th December, 2006, but the water was consumed at Kamla Nehru and Kisanganj canals. It was also found that 600 cusec of remaining water was consumed at Dalmau and as such, instead of maintaining the supply of the water to the tune of 1000 cusec w.e.f. 14.12.2006 and 1500 cusec of water since 23rd December 2006, no such water was made available during KUMBH FESTIVAL to its pilgrimage assembled from the different corner of the country.
12.            That the other direction given by the Hon’ble Court as to maintain the quality of the water free from the effluents. It was directed that no effluent be thrown directly inside river Ganges during night and unchecked hours. It is submitted that the sewage and silage providing the water injurious for the health of individual taken dip inside river Ganga for auspicious blessing was supplied through Mori Gate Nala and Salori Nala even during the day time. The proposed tapping of the polluted water was still a dream, inspite the directions issued by this Hon’ble Court in the judgement given on 11.1.2005 in the Public Interest Litigation bearing writ petition no. 654 of 2005 (Sri Daya Shanker mishra Advocate Vs, State of U.P. and others). For the kind perusal the relevant paragraphs is reproduced as under :-
       “ (ii) As far as drainage, sewerage water is concerned Authorities may ensure for their temporary storage, if and as far as possible during aforesaid period in Clause (i). Effluent treatment plant, not in working condition, if belong to State Government/ Corporation etc. under article 12, Constitution of India, they shall be made functional without raising excuse of paucity of funds within ten days. State Government is directed to issue necessary direction and provide adequate funds for aforesaid purposes.”
13.    That the District Magistrate, Kanpur Nagar submitted the status report dated 19.12.2006 in which it has been pointed out that 430 Million liter per day is the waste effluent mixed with water discharge at Kanpur Nagar, out of this discharge 36 M.L.D. is treated as four pumping stations in which 130 M.L.D. water mixed with 36 M.L.D. treated water is used for irrigation purposes. It has been submitted that there are 402 tanneries out of which 205 tanneries are indulged in tanning of leather by chromium. The chromium treatment plant are available only in 117 tanneries, while 49 members of the tanneries group have deposited the money for common chromium treatment plant. It was found that 39 tanneries were supplying the effluent without chromium treatment and as such all such tanneries have been sealed. There was again the lock-up given to 9 more tanneries and all 29 units indulged in manufacturing the oil, glue and manure have been closed and the fornes of 21 glue factories providing unchecked pollution inside the river Ganga have been completely vanished.
14.   That the District Magistrate, Kanpur Nagar has submitted in his report that there are 21 drainage located at Kanpur Nagar, which has the discharge of 400 M.L.D. waste water with bio-degradable substance. The Sisa-mau drainage alone discharge 162 M.L.D. water and as such the remaining 250 M.L.D. water is directly mixed up with the water of river Ganga. The proposed 200 M.L.D. A.T.P. Plant may start functioning upto the year of 2009. There is also the water mixed inside river Ganga from Ram Ganga and Kali Nadi. The water of both the river is blackish in colour. Thus the quantity and quality of the water released from the territorial limit of Kanpur Nagar is minimum as there is no chromium added water inside river Ganga. The sample was taken from Sirathu and it was found that the water is colourless at Sirathu.
15.       That the industrial waste has been discharged directly into river Ganga from Kanpur Nagar through 23 drains out of which 4 drains are still untapped. There has been the mixing of the effluent directly inside the wastewater through tanneries still located without chrom treatment plant. This Hon’ble Court by its different orders passed on 24.5.2006, 24.8.2006, 6.9.2006, 15.11.2006, 13.12.2006 and 21.12.2006 had directed the different authorities, including the District Magistrate, Allahabad, S.S.P. Allahabad, U.P. Pollution Control Board having its headquarter at Lucknow.
16.      That the question arises that from where the colour of river Ganga is converted to blackish colour. It was found that the maximum effluents are discharged from Mori Gate drainage as well as from Salori drainage, where the water is still untapped as is being disclosed by the General Manager of U.P. Jal Nigam Allahabad during the course of discussion on 6.1.2007.
17.    That the water intake point at Bhairoghat pumping station has two huge drains, which receive domestic sewage through five drains, namely, Jageshwar, Jeevara, Kheora, Nawabganj and Ranighat. It further mentions that the polluted contents of a Tuberculosis Hospital are also being discharged some 100 meters before the intake point. Since this is the source of water supply to the entire city of Kanpur, this has to be immediately stopped. The state do not have any specific proposal, as to how this nuisance, which is injurious to health and hazardous to human being may be stopped. As we feel that the Tuberculosis germs are being supplied to the people of Kanpur, it is the duty cast upon Jal Sansthan, Kanpur Nagar, to clean the water before making it potable.
18.         There has been 35 major MLD sewage water discharge directly powering to River Yamuna. Only in Karelabagh, starting from Pan Dariba, Chachar Nala at Balua ghat the discharge of untreated sewage water into Yamuna is 40 MLD which contribute 27% total pollution. Simultaneously, the Ghaghar-Nala originates from Nakhas-kona carries the sewage sludge from Ajamal Atala, Kareli and thus contribute 20% of total pollution at Allahabad. Similarly gate no.9 and gate no.13 Drains, it carries sewage of sludge from kyadganj area and discharge pollutant in the river Yamuna, which contributes 5.4% of total pollution at Allahabad. Simultaneously a lot of small drains near Daraganj area collecting the pollutant from different area are flowing directly in the river Ganga causing pollution load 5.4% of total pollution at Allahabad. Entire Mori-gate Nala contribute 13% of pollution in Ganga river at Allahabad. The Allenganj drain, Salori drainage and Beli Nalas together put a contribution of 14.5% alone in river Ganga. Thus the analysts in the physic-chemical character of water river Ganga indicate discharge of civic industrial pollutant comprising of carbonate, Bicarbonate, BOD, COD, DO etc, by virtue of the same Ganga river water degrading and has become injurious and hazardous in contravention to the provision of The water (prevention of control of pollution) Act 1974. 
19.     That the effluent discharged at river Yamuna is maximum from main Ghaghar Nala and Chhachhar Nala, which is in the tune of 41015 K.L.D. and 31065 K.L.D. respectively. The sewerage discharged at Mori Gate Nala is 33885 K.L.D. while the Salori Nala is discharging the maximum 40987 K.L.D.
20.     That the Hon’ble Court has taken note with regard to the tapping of Mori Gate Nala and lifting through Pump to Alopi Bagh sewerage pumping station and from where it will be taken to Gau Ghat and finally at Naini. It is submitted that as per the assurance given to the Hon’ble Court, the water was still accumulated near Mori gate for last so many days on 2.1.2007 and the fall smell had started coming out from there and the General Manager, U.P. Jal Nigam had shown his incapability to lift such water as per the undertaking given by the learned Advocate General on 13.12.2006.
21.      That at about 6.00 P.M. on 10.1.2007, the undersigned Advocate was informed on Telephone that the learned Advocate General is scheduled to arrive from Delhi to Bamrauli Airport and as such he was directed by the personal Secretary to reach at the residence of Learned Advocate General at 7.00 P.M. as he may proceed to ARDH-KUMBH MELA for inspection of the water. On account of previous commitment and the involvement of the undersigned advocate in the other listed and unlisted matters scheduled for preparation, he requested to his colleague Sri Alok Sharma Advocate to visit the site. It was informed by Sri Alok Sharma Advocate that he has personally inspected the quality of the water and the level of river Ganga at SANGAM alongwith the Learned Advocate General. Shri Alok Sharma Advocate has also intimated to the learned Advocate General the genuine difficulty of the undersigned Advocate for reaching at SANGAM by giving a very short notice regarding the arrival of Learned Advocate General at Allahabad. It was requested that at-least one day prior notice may be given to the Special Officer for visiting the site for inspection alongwith learned Advocate General.

Extract of the previous Report Submitted by undersigned Advocate (Special Officer) 0n 21.4.2006 to the Hon’ble Court
1.              That there is the need and compulsion to declare river Ganga as reserve / protected forest in view of the decision of the Hon’ble Supreme Court and also in view of fact that the definition of forest under forest (conservation) Act, 1980 and the Wild Life Protection Act, which  provides for the protection the forest area and the wild life animals which are at the stage of extinction in our nation.
2.              A point has been reached in history when we must shape out 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.
3.                      There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but clam state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man mist use knowledge of build in collaboration with nature a better environment. To defend and improve the human environment for present and future generation has become an imperative goal for mankind – a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and o We are also requesting the court to declare 200 metre of area on both sides of the banks as a No Development Zone and the same be transferred to the forest department for afforestation and the involvement of the affected communities for carrying out the afforestation. In fact. We are proposing that in the entire Ganga cleaning programme, wherever manual labour is required, the affected communities and displaced people should be accorded priority in providing employment.
4.            That the  Dolphin gangetica is a dark coloured animals measuring about 1.5 meter long. Its body us broad with a long tail and blunt snout. They have two protruding, function less eyes which do not have nectating membrane. They are a vivperous and thus give birth to the young and feel them through their nipples of mammary gland. As they can not see through their eyes. Therefore have developed a entirely different method for locating the thinks. They produce ultrasonic voice from their snout and after receiving its echo they detect their pray and path. Dolphin generally eat small fishes as their food but also like to each some aquatic weeds and algae. Thus they are omnivorous in their food habits.
5.            That the Excessive poaching of these innocent aquatic animals by fishermen for the want of their flesh and oil has created threat to their existence and they are now at the brink of extinction, particularly at Allahabad. Whereas about 20 year back they were found in abundance in between Sangam and Sirsa Ghat. This water course, where the river Tones joins the Ganga provide an ideal breeding ground for these animals. Disappearance of Dolphin from the Ganga river is a biological indicator of pollution as well as it also suggest that out population particularly of the fishermen’s community is exceeding the carry capacity of the river.
6.              That no more virgin land of Ganga (Flood plain/ River bed) should be colonised for further urban sprawl or industrial use. We also want the court to issue the direction to the Govt. to form a Ganga Vahini (Task Force) involving those communities which are directly related with Ganga and are dependent on Ganga for their livelihood.
7.              That the Ganga Action Plan, Allahabad and Varanasi Units to submit their reports regarding untapped drains, which are mentioned in the report and explain how it has happened that despite the first phase been completed, some of the work shown completed during the first phase are still not giving positive results effectively or have failed miserably. They should also explain as to what measures are being taken for tapping the waste water at these two places. Apart from this, they shall also indicate what remedial measures they are going to adopt to set right the failures of the first phase of action plan of river Ganga.
8.            That   Ganga Action Plan has not been implemented in its entirety. Meanwhile, we also direct the Senior Superintendent of Police, Kanpur Nagar, to immediately set up a River Police Force for patrolling the river to ensure that no unclaimed dead body is thrown in the river nor any illegal activity is carried out along the course of river in Kanpur.
9.               That the GAP should be implemented by involving the bodies who should be authorised to construct, maintain and operate the treatment plants and undertake the river conservation work at their own level with the help of the government and they are just and with the guidance of local NGOs and professional experts. There should be total transparency maintained regarding the action which is to be taken and there should be an effort to create atmosphere to educate the people, to keep the river pollution free.
The fresh cadre of river police be created in the state by the government of UP... hence the NRCD which is only made responsible to conserve the rivers may be asked to fund this project in UP.
 River Police Force for patrolling the river Ganga
10.           That the State Government and the Director General of Police to immediately set up a River Police Force for patrolling the river to ensure that no unclaimed dead body is thrown in the river, nor any illegal activity is carried out along the course of river.
35 major MLD sewage water discharges directly polluting to River Yamuna and Ganga at Allahabad
11.          That there has been 35 major MLD sewage water discharges directly polluting to River Yamuna and Ganga. Only in Karelabagh, starting from Pan Dariba, Chachar Nala at Balua ghat the discharge of untreated sewage water into Yamuna is 40 MLD which contribute 27% total pollution. Simultaneously, the Ghaghar-Nala originates from Nakhas-kona carries the sewage sludge from Ajamal Atala, Kareli and thus contributes 20% of total pollution at Allahabad. Similarly gate no.9 and gate no.13 Drains, it carries sewage of sludge from kyadganj area and discharge pollutant in the river Yamuna, which contributes 5.4% of total pollution at Allahabad. Simultaneously a lot of small drains near Daraganj area collecting the pollutant from different area are flowing directly in the river Ganga causing pollution load 5.4% of total pollution at Allahabad. Entire Mori-gate Nala contribute 13% of pollution in Ganga river at Allahabad. The Allenganj drain, Salori drainage and Beli Nalas together put a contribution of 14.5% alone in river Ganga. Thus the analysts in the physic-chemical character of water river Ganga indicate discharge of civic industrial pollutant comprising of carbonate, Bicarbonate, BOD, COD, DO etc, by virtue of the same Ganga river water degrading and has become injurious and hazardous in contravention to the provision of The water (prevention of control of pollution) Act 1974.
12.          That about 70,000 pilgrims coverage every day at Varanasi and bathe in the river. An estimated 400 bodies are cremated on the banks of the river in Varanasi every day and 9000 dead cattle thrown annually. Often half burnt bodies can be seen floating down the river. The bodies of infants and holy people like the Sadhus not cremated but washed away in the river. Another very common sight is buffaloes and elephants wallowing in the river. Another point of excessive pollution is the ‘Fecal coliform bacteria’ which is found over a lakh in number in 100 millitre of water (if the number exceeds 5000, the water is considered highly dangerous).
13.          That the holy river is sinking and stinking. Worse still it is drying a slow, unnatural death. The dilution capacity of the river is highly reduced as large amounts of Ganga water is taken out of the river through canals and lift pumps for irrigation. The decrease in river flow increases the pollution level further.
Measured Details of Sewer Flow
No.
  Name of Nala
CuM/Day
Approx.
1-
Main Ghaghar Nala
40,000
1A-
Ghaghar Nala 1-A
4,000
1B-
Ghaghar Nala 1-A1
200
1C-
Ghaghar Nala 1-B
750
1D-
Dariyabad Katharaghat Nala
100
1E-
Dariyabad Piplaghat Nala
30
1F-
Dariyabad Dhobighat Nala
50
2-
Chachar Nala
34,000
3-
Emergency out Fall
15,250
4-
Drain at Gate no. 9
200
5-
Drain at Gate no. 9
4,000
6-
Fort Drain No. 1
-
6A-
Fort Drain No. 2
-
7-
Morigate Nala
36,940
8-
Drains of Daraganj Area
3,000
9-
Allenganj Nala
27,100
10-
Salori Nala
27,000
11-
Jondhwal Nala
2,500
11A-
Sankar Ghat Nala
200
11B-
Rasulabad Puccaghat Nala
40
11C-
ADA Colony Nala
1,600
11D-
Jondhawal Ghat Nala
70
11E-
Sankar Colony Nala (Near Phaphamau Bridge)
10
11F-
Jondhawal Ghat Drain
70
12-
Rajapur Nala
7,000
12A-
TV Tower Nala
2,000
12B-
Sadar Bazar Nala
3,000
12C-
Unchawagarh Drain I
700
12D-
Unchawagarh Drain II
250
12E-
Beli Gaon Drain
250
12F-
Mumfordganj Drain
400
12G-
Muirabad Nala
1,000
12H-
Naya Purva Drain
60
12I-
Mehdauri Gaon Drain
200
13-
Mawaiya Nala
9,000
14-
Shivkuti Drain No. 1
20
14A-
Shivkuti Drain No. 2
10
14B-
Shivkuti Drain No. 3 (North)
1,600
14C-
Shivkuti Drain No. 4
10
14D-
Shivkuti Drain No. 5
30
14E-
Shivkuti Drain No. 6
20
14F-
Shivkuti Drain No. 7(East)
720
15-
Chilla Drain
-
15A-
Govindpur Colony Drain
-
15B-
Govindpur Colony Drain(Purani Basti)
-
15C-
Govindpur Drain No. 1
-
15D-
Govindpur Drain No. 2
-
15E-
Govindpur Drain No. 3
-
16-
Co-operative Nala
-
17-
Basna Nala
-
18-
Indira Awas Nala
250
19-
Shivpur Nala
-
20-
Lutere Nala
2,000
21-
Shastri Bridge Nala
29
22-
Kodhar Nala
6,750
23-
Nehru park Nala
500
24-
Panghat Nala
1,750
A brief description about some nalas which contributed important role in the pollution of Ganga-Yamuna water these are-
Chachar Nala: Starting from Pandariba, discharge the entire water including a part sewage and sludge near ‘Balua Ghat’ in Yamuna about 5.5 km. To the upstream of Sangam. The nala contributes about 27% of the total population in Allahabad, Since the existing pumping station is inadequate to lift the total discharge, most of the discharge finds its way into the river.
Ghaghar Nala: Originates from ‘Nakhas Kona’ carries a part of sewage and sludge from Darshan Ajamal, Atala area and Kareli Housing Board Colony, discharge in Yamuna about 6.5 km, to the upstream of Sangam. This contribution to about 20% of total pollution in Allahabad.
Gate No. 9 and Gate No. 13: It carries sewage and sludge from Kydganj area and nearly areas and discharge into river Yamuna about 3 km, to the upstream of Sangam. They together contributed to about 5.3% of total pollution in Allahabad.
Darahanj Nala: There are a lot of small drains Daraganj area, collecting the pollutants from this area flowing into the river Ganga about 3 km, to the upstream of Sangam. It carries a pollution load of 5.4 of the total pollution at Allahabad.
Emergency outfalls and Mori Nala: It meets the river about 4 km, upstream of Sangam and Mori Nala which discharges into the river about 1 km, to the upstream of Sangam contributes the 13% of the total pollution of the Allahabad.
The Nala like Fort Drains, Allanganj Nala, Salori Nala, Beli Nala etc. together contributes to about 14.5% of the total pollution of Allahabad.
  EFFECTIVE FOR THE TREATMENT OF SEWAGE OF SEWAGE GENERATED AT VARANASI (SEWAGE MIXED WITH TOXIC INDUSTRIAL EFFLUENTS
14.          NAGAR NIGAM: More than 175 MLD city sewage mixed with toxic industrial effluents is generated at Varanasi. The Jal Nigam has established Sewage Treatment Plants (STP) for the treatment of only 122 MLD (100 MLD at Dinapur STP + 10 MLD at Bhagwanpur STP + 12 MLD at DLW). About 53 million liter per day (MLD) untereated sewage mixed with toxic industrial effluents containing acids, alkalis, heavy metals e.g. lead, Cadmium, Nickel etc. are directly discharged into the river Ganga by the Nagar Nigam Varanasi.
15.           JAI NIGAM’S SEWAGE TREATMENT PLANTS (STP): Not effective for the treatment of sewage of sewage generated at Varanasi (Sewage mixed with toxic industrial effluents) due to following:
16.            No toxic heavy metal can be completely removed by these existing STP. The Jal Nigam has accepted this fact. Chief Environment Officer, UP Pollution Control Board produced a letter to this effect before the Hon’ble High Court on August 20th 1998, during my presentation of low cost effluent treatment technology to the Saree Printing Industries. Since these STP does remove toxic metals and so-called treated water is used for the irrigation of crop fields there are possibilities for accumulation of these toxic metals in the food grains and vegetables. Due to process of BIOLOGICAL MAGNIFICATION persistent chemicals may accumulate in the soil and reaches to the body of human and animals through plants leading health hazard in the surrounding areas. In the name of manuredry sludge (Which contain toxic metals) is being sold by the JAL NIGAM to the ignorant farmers and without knowing adverse effects the contaminated sludge is being used for maturing the crop and vegetable plants.
17.            POLLUTOIN CONTROL BOARD: The Board constituted for the purpose has failed to function efficiently and effectively as per Environmental Protraction Act. 1986.
18.           There are about more than 2500 pollution sources/industries/manufactures such as Saree Printing, Dyers, Lead Battery, Metal Processing, Electro Plating, Plastic, Rubber, Soap and Detergents, Cattle house, Cattle bathing, Hospitals, Dieses operated Motor Boats, Motor Services and work Shops, Food Product etc. Where from huge quantity of pollution are released into the River Ganga directly of Indirectly.
19.             Although, effluent samples are collected for waster water quality analysis by the representatives of the Pollution Control Board from all industries, however, testing results are not provide to the concerned industries/manufactures.
20.           If officers of the Pollution Control Board are asked to collect the sample under rules and industries/manufactures are asked to display & air quality testing results  in their officers, it shall make clear the level of pollution induced by the industries and qualities of pollution to be removed form the system. This shall not only help in the pollution abatement but will also check exploitation of the organizations.
21.           Cremation and disposal of dead bodies add another dimention of pollution. It is recorded that about 23000 to 32000dead bodies are burnt every year on two burning ghats of Varanasi named Harish Chandra and Manikarnika with the help of 8 – 10x 103 tons fire woods. During cremation of the dead bodies, 350 – 480x 108 Kcal Energy is consumed. It is also recorded that about 200 – 300 tons ash content and 140 – 200 tons half burnt flesh contents are released to holy river Ganga every from the cremation ground. Due to religious believe about 3000 human and 6000 animals dead bodies and huge quantity of minerals are also added to the river.
22.             RAMNAGAR INDUSTRIAL AREA: Toxicants released from Ram Nagar Industrial estate and the town is an upstream discharge.
S. No.
Parameter
Value
1-
pH
8.65
2-
Ec(umhoc cm-1)
1040
3-
Total Alkalinity (mgL-1)
670
4-
Acidity (mgL-1)
76.5
5-
DO (mgL-1)
2.35
6-
BOD(mgL-1)
310
7-
COD (mgL-1)
767
8-
Sulphate (mgL-1)
209.3
9-
Chloride (mgL-1)
102.49
10-
Nitrate –N (mgL-1)
2.64
11-
Phosphate (mgL-1)
10.6
12-
Potassium (mgL-1)
38.33
13-
Iron (ugL-1)
14.37
14-
Copper (ugL-1)
12.5
15-
Zinc (ugL-1)
11.67
16-
Lead (ugL-1)
20.24
17-
Cadmium (ugL-1)
18.44
18-
Chromium (ugL-1)
23.53
19-
Total Coliform (MON)
14 x 105
Average of 52 samples 1997-------Total Sewage generated : 175 MLD-------Arrangement for Sewage Treatment – Dinapur – 100 MLD----  DLW – 12 MLD
                              LONG TERM PROPOSAL
Treatment Plants and Turtles Lessen Pollution

Five thousand years ago the Ganga was not the river of choice in India. The Saraswati was the river, plentifully extolled in the Vedas, whereas the Ganga is mentioned only once. But due to climatic and geological changes the Saraswati river gradually dried up to a stream, then disappeared. The Ganga assumed preeminent sacred stature and the lore of its water's purifying and healing powers water failed through Hindu history.
The high country Ganga deep in the granite folds of the Himalayas still runs with its emerald color of purity and cleanliness. But down in the factory-laden and urbanized plains the Ganga runs brownish pea-green with silt and pollution: sewage, industrial waste and corpses. To tackle the pollution, experts are farming giant snapping turtles to eat corpses, building massive sewage treatment plants and sewage diversion systems, and getting tough with polluting businesses. Prime Minister Rajiv Gandhi brewed up the Ganges Action Plan in 1986, pouring US$ 140 million into one of the most demanding river-cleanup projects undertaken in the world. The goal is to make the river's 1,568-mile length visually and chemically clean enough for fearless sacred bathing and other nonpolluting river activity.
Standing on the shore of year 1993, many sewage treatment plants are operational, and the Ganga Directorate claims a significant reduction in the river's bacterial count. By 1994 there are supposed to be 35 plants. It is an urgent endeavor. By the year 2028 India's population is expected 10 have doubled, putting enormous pressure on the waterways.
Taking a dip at the ghat edging the Ganga at Banaras - Hinduism's most sacred and oldest city - Dr. Veer Bhadra Mishra jokes that he hasn't been chomped into by a snapping turtle yet, possibly mistaking his still alive legs for a cadaver. Mishra, a professor of hydrologic engineering at Banaras Hindu University and a priest at one of Banaras' temples, performs his daily ablution in the Ganga dutifully, but not without squirming a bit at the river's foulness. Two of his disciples wade into the water before him, attempting to clear away foam and debris. He doesn't drink the water. He loves the Ganga dearly, believes in its sanctity, but is also equally committed to its salvation from toxic Hades, Mishra - who received the UNEP's Global 500 award for environmental service - has started his own cleanup-the-cleanup campaign. He disputes the Ganga Directorate's figures of the river project's first-phase purity, and is demanding a new system of pollution evaluation.
Using his own water quality measurements along the 5-mile stretch of bathing ghats at Banares, Mishra gets figures of biochemical oxygen demand (a toxicity scale) that are twice that of the governments. He also urged the government to adopt a bacterial count measurement. Mishra notes that people bathing in the river add to its bacterial count. In an unwitting irony he says. "People should take showers before they bathe in the Ganga for spiritual purification."
North of Banaras is another concern of Mishra's: new housing developments. Despite policing of the Ganga shoreline through Banaras, dumping of waste still gushes in huge quantities. Banaras is a city of 1 million with 1 million pilgrims bustling in each year. Of 655 million gallons of waste water produced every day, only 436 million gallons are treated.
But not all of Banaras' citizens or pilgrims are worried about pollution. C.L. Pandey, a priest at the Kashi Vishvanath Temple, says a dip in the Ganga "gets rid of illness and infection. Even the breeze from the Ganga washes sins away." But Pandey does admit the river is dirty.
And one last bit of newer technology - electric crematoriums - is helping to reduce the half-burnt corpse problem. They do a complete job of burning, cost 10% of the wood-fueled pyre and are becoming extremely popular despite fears they would be ignored.

NINJA Turtles

Are there Teenage Mutant Ninja Turtles swashbuckling in the Ganga river or Banaras sewers? Or did the Ganga pollution turn turtles into mutant ninjas? Anybody who's seen the movie and seen giant snapping turtles swimming around Banaras is going to say, "Cawabunga."

In one of the most snappy and controversial efforts to rid the Ganga of partially cremated bodies (or whole bodies illegally dumped up stream, thousands of 3-foot long snapping turtles have been bred to devour the problem. Out of the original US$ 140 million allocated for Ganga cleanup. US$ 32 million alone have gone into turtle farms outside Banaras. There are about 20,000 to 30,000 bodies cremated in Banaras every year and thousands more float in from up river.

Since 1990, 24,000 turtles have been released. The assistant manager of the farm says they are raised on a diet of dead fish from infancy, conditioning them to go for rotten flesh in the river, but not for living bodies. When people bring a body in a bag, the turtles charge up to the shore and sometimes drag the bag off. No bitings have been reported. But there are still corpses daily floating on by.
   That the U.N. declaration on the rights to development may include the whole spectrum of civil, religious, culture, economic, political and social process. The adherences to a sustainable development principal are a sign quo non-for the maintenance of the symbiotic balance. Thus, the concept of intergenerational equity, public trust doctrine and precautionary principles are the ingredients of our environmental jurisprudence.
23.       That the     Large equality of static water provides fertile breeding grounds for disease – carrying vectors. Taking timely action within its frameworks may mitigate the disaster management.
24.              The human rights people and environmental activists have approach to the Hon’ble Court through Public Interest Litigation to protect the interest of the general public.      The upstream environmental and economical impacts are: -
1.  Soil Erosion,
2.  Micro-Climatic Changes,
3.  Loss of Flora and Fauna,
4.  Changes in Spawning Grounds,
5.  Land slips, situation and sedimentation,
6.  The water logging and solirity.
7.  Impact on aquatic ecosystem.

Our constitutional democracy may enshrine the concept of welfare states, for which we  
have to strive or mol to from Vedic times which is –
“Let all be happy, let all be sin free, let everyone see good in everything and there should be no suffering anywhere.”-             (Benefit of all and happiness of all).
In the march of progress, the humblest and weakest should not be left behind. Taking a fish from a river and putting it to an aquarium, where it may survive, but it can never be happy.
25.     Thus, the mere suggestions and measurements to protect the water of river Ganga from pollution may not have the desirable result for having the sanctity of river Ganga being protected amongst those who comes to have a dip at Sangam during Kumbh festival after taking the bath from outside, as there body secretion of sweat  may not pollute river            Ganga. Thus, apart from the threats of series of irreversible damage. We should also endeavor to protect the rights of conscience, faith and religion, guaranteed under article 25 to these pilgrimage comprising of a segmentation of more than 5 crores of population visiting Allahabad during Kumbh festival for incarnation of their sins by their strengthen            believe through mere dip, inside the holy water of Ganga Maata. Thus, the duty to protect and to prevent environmental degradation is further intensified which shall not be used as a reason for postponing cost effective measures due to the lack of scientific certainty.

26.     The precautionary principle requires that the entire efficient be diversified for providing manure to the agricultural produced by the proper drainage inside their and not even a single  drop of water either polluted by the chemical affinity  or through bio-degradable substance            and even the water after treatment thereof may not be allowed to pour inside the holy river Ganges.
27.      The natural resources are exploited and the state with all sincerity and good intension is not able to provide the general common benefit to the people due to social conflicts arise as a natural adverse consequent , of political ambitions. The conflicts arise between people living upstream and those living downstream. Thus, when these conflicts submerges with different ideology prevalent between different social groups, the poor surviving on natural resources is dependent even  to consume the sewage of the effluent class of people being drainage and poured inside the water of river Ganga which is deemed as purified water without any contaminations substance by the religious ruler population of our nation visiting as pilgrimage during Kumbh mela (Confluences). Thus, in such social conflicts, prier attention has to be paid for former group which is both financially and politically weak in consonance with the requirement contained by its provisions in the preamble, fundamental rights, fundamental duties and directive principle to take care of such deprived section of people.
 Long Time proposal of construction of  11Barrages for preservation of water

Sl. No.
Site of Proposal
Useful Storage to be available in Million Cubic meter
1.
Barrage No. 1 on river Ganga at 295 Kilometer downstream of Allahabad near Village Zamania in District Ghazipur.
1335
2.
Barrage No. 2 on river Ganga at 100 Kilometer downstream of Allahabad near Village Gaipura in Mirzapur District.
1507
3.
Barrage No. 3 on river Ganga at 40 Kilometer downstream of Allahabad near Village Kokhraj in Allahabad District.
130
4.
Barrage No. 4 on river Ganga at 90 Kilometer upstream of Allahabad near Village Kalakankar in Pratapgarh District.
411
5.
Barrage No. 5 on river Ganga at 130 Kilometer upstream of Allahabad near Village Bitaura in Fatehpur District.
238
6.
Barrage No. 6 on river Ganga at 210 Kilometer upstream of Allahabad near Kanpur.
88
7.
Barrage No. 7 on river Ganga at 230 Kilometer upstream of Allahabad near Unnao.
39
8.
Barrage No. 8 on river Ganga at 250 Kilometer upstream of Allahabad near Kannauj.
52
9.
Barrage No. 9 on river Ganga at 430 Kilometer upstream of Allahabad in Farrukhabad.
156
10.
Barrage No. 10 on river Ganga at 430 Kilometer upstream of Allahabad in District Etah.
128
11.
Barrage No. 11 on river Ganga at 465 Kilometer upstream of Allahabad in District Etah.
134
Above proposal of barrages will be advantageous in following ways :-
That the storage created will be available for agricultural use during the scarcity period of Non-Monsoon. The Storage can be utilized for rapid industrialization of backward and other regions as water can be used for industries, Power station etc. This will help in the general up-liftment of the masses and will ensure adequate drinking water, supplies. The effect of pollution can be controlled by regulating flow in river. This will boost tourism by way of developing picnic spot around the reservoirs. The reservoirs can be used for developing fisheries. As a substantial part of the discharge in the river will be stored and used during monsoon period, it will go a logway in controlling floods downstream.
28.     That the evaporation losses are estimated by pan evaporation method with the assumption that about 25% of these losses would be controlled by adopting suitable control method preferably chemical method.
29.     That an assessment of minimum available discharge in the river is made on the basis of 10 daily discharge data at 75% dependability of Kharif crops areas are limited to the extent of minimum discharge so available. The discharge is excess of minimum discharge will be allowed to flow downstream or to fill up the pond. Thus uniform supplies for Kharif irrigation in the period of June to October can be assured. Generally it is observed that irrigation can be achieved to a great extent during Rabi and Kharif with the available supplies from barrages.
30.     That excessive poaching of these innocent aquatic animals by fishermen for the want of their flesh and oil has created threat to their existence and they are now at the brink of extinction, particularly at Allahabad. Whereas about 20 year back they were found in abundance in between Sangam and Sirsa Ghat. This water course, where the river Tones joins the Ganga provide an ideal breeding ground for these animals. Disappearance of Dolphin from the Ganga river is a biological indicator of pollution as well as it also suggest that our population particularly of the fishermen’s community is exceeding the carrying capacity of the river.
31.     That it is therefore our demand for declaring the above river zone as a river biosphere region should be taken in consideration by the concerned authorities and the NGOs operating all along the river course in the region should be involved in the conservation of aquatic fauna and flora of the river at the earliest.
32.     That the task of policing the river does not take up the task seriously nor is it properly trained to undertake the policing of the river. Accordingly it is directed that the Govt. of Uttar Pradesh create a fresh cadre of River Police in the state. This cadre shall be comprised only of the rank of constables and such inspectors who shall otherwise be under the control of the District Supdt. of Police.
33.     That the Pollution Control Board and Nagar Nigam, Allahabad have been directed to get the samples of the water of Ganga from several places and get them tested and to display the result of the analysis and file a counter affidavit by the next date indicating that the order issued by this court as also by the High Power Committee of the Chief Secretary are being implemented and carried out.
34.     That the Bacterio-phases present Ganga water in unique in the scenes that it can insert its germs in almost all type of Bacteria (Host) and can bring about lyses built completes its reproductive cycle only in a specific bacterial cell. This property of Bacteria phages of Ganga coater is not known in other types of Bacteriophages. Thus no harmful bacteria can multiply or exist in the Ganga water, That’s why Ganga water does not rot or stink if stored for several days.
35.     That water from the Ganga is used to cleanse any place or object for ritual purposes. To bathe in the Ganga is a life long ambition for Hindus also caste and ashes of their dead in the river belief that this will guide the sools of the deceased suffragist to paradise.
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 June 5 to 16, 1972 and in which the Indian delegation led by the Prime Minister of India took a leading role runs thus:
36.     That man is both creature and moulders 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 manmade, are essential to his well being to the enjoyment of basic human rights – even the right to life itself.
37.     That the protection and improvement of the human environment is a minor 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.
38.     That 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 manmade harm in many regions of the earth; dangerous levels of pollution in water, air, earth and living being; major and undesirable disturbance 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 manmade environment; particularly in the living and working environment.
39.       The Ganga Action Plan has been set up under the Indian Government bureaucracy, and is attempting to build a number of waste treatment facilities. Surprisingly, the political parties in India are not very active in the efforts to clean up the Ganga, and it is not very high in the general religious agenda. India's government has already spent over 33 million to address the overwhelming sewage problem.  However, things are looking better at the beginning of 2006, as satellite images show increased water clarity in the river.
40.     The most purifier of human body and soul, the pious water of river Ganga was found loosing its efficacy during 1972-1977 due to heavy input of various pollutions. Research result of 5-year investigations conducted by the auther on the quality of river Ganga water at Varanasi have been discussed first time in the Indian Parliament. Indeed it was a matter of pleasure that the Govt. of India paid attention, established Ganga Action Plan and spent more than Rs. 500 crores to prevent the Ganga from Pollution. Unfortunately work conducted during first phase was not found satisfactory. In this connection author had analyzed the water quality of river Ganga and made detailed investigation on its important pollution sources
S. No.
Parameter
Value
1.
pH
7.5 - 8.8
2.
Acidity(mgL-1)
55.8 - 69.3
3.
DO(mgL-1)
3.6 - 9.8
4.
BOD(mgL-1)
1.9 – 85.5
5.
COD(mgL-1)
5.9 - 170.5
6.
Chloride(mgL-1)
8.2 - 81.5
7.
Nitrate(mgL-1)
0.015 - 0.985
8.
Phosphate(mgL-1)
0.005 - 1.58
9.
ECU(mhos cm-1)
185 - 843
10.
Transparency(cm)
8.2 - 94
41.     Legal justice, with a humane mission, must update itself to legitimize progressive urges, discern the reality of social changes and design its delivery system, so as to obviate the dominance of the Proletariat by the Proprietary and accelerate people’s access to effective, litigate justice. The contemporary command of social justice, which is also the socio-economic demand of the common people, is that the prevalent forensic astigmatism shall be corrected by sloughing off archaic, arcane authoritarian procedures, which often spawn the paradox of a wealth of abuses and a poverty of access vis-à-vis institutions of legal justice.
We, the people” are still like cavemen, with our back turn to light, watching the shadow of the wall. There is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people" who are regarded to be the sovereign of the nation, are living a life full of abrogation and subjugation.
“All the members of the court are considered as wounded, where justice is found wounded with inequity, and Government do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished.”
“A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner.”
“Justice destroyed destroys its destroyer; and justice preserved, preserves its preserver.  Hence, never destroy justice, lest being destroyed, it should destroy thee.”
“In this world justice or righteousness alone is man’s friend that goes with him after death.  All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off.”
“When injustice is done in the government out of partiality, it is divided into four parts, of which, one is shared by the criminal or doer of injustice, the second by the witness, the third by the court, and the fourth by the president king of an unjust Government.”

       It is, therefore, most respectfully prayed that the present report of the Special Officer may kindly be accepted on record of the proceedings of the present case.

Dt/- 11th AUGUST .2010     ( YOGESH KUMAR SAXENA )
Advocate, High Court.
SPECIAL OFFICER,ARDH-KUMBH GANGA POLLUTION ERADICATION ACTION COMMITTEE NOMINATED BY THE HON’BLE HIGH COURT, ALLAHABAD.   Chamber No.139, High Court, Allahabad R/o H.I.G. 203, Preetam Nagar, Sulem Sarai Housing Scheme, Allahabad. Mobile-9415284843, 9839675815,9451181638 yogrekha@rediffmail.com, yogrekha@yahoo.co.in      

No comments: