Cleaning Ganga: Uttarakhand HC Issues Directives To Authorities; Calls For CAG Audit Of Schemes

In a bid to take affirmative action over unabated pollution of river Ganga, the Uttarakhand High Court issued a set of mandatory directives to be carried out by Central and state authorities. Among others, the high court directed a special audit to be done by the Comptroller and Auditor General (CAG) of all Centrally-financed schemes to check alleged misuse of funds.Lalit Miglani, an advocate in the high court, had filed a PIL highlighting the pollution of river Ganga and alleged negligence of the authorities in discharge of their statutory duties.Disposing off the petition, a division bench of Justice Rajiv Sharma and Justice Alok Singh passed an exhaustive list of time-bound directives but also held that ‘the court, though, cannot direct the Legislature to frame the laws, but since, there is an emergency to protect the river Ganga from extinction, the court can, at least, make a suggestion to the Union of India to make national law to protect river Ganga.’The court further observed that despite the fact that billions of rupees have been spent for restoration of quality of water of river Ganga, the quality of its water ‘instead of being restored as per the norms, has further deteriorated’.The bench urged the people to ‘change rituals with passage of time’ to restore the purity of the water for future generations. The need for a ‘comprehensive legislation at the national level dealing with the Ganga alone’ was highlighted in the face of proven inadequacy of current legislations and their inefficient implementation.Highlighting the obligation of the state under Article 47 and the fundamental duty of the general public under Article 51 A to protect the natural environment, the court issued the following mandatory directives to control pollution of Ganga: The Union of India is directed to establish the inter-state council under Article 263 of the Constitution of India for all the riparian states through which river Ganga flows i.e. Uttarakhand, Uttar Pradesh, Jharkhand, Bihar and West Bengal, within three months from today, for making recommendations to the Central Government in order to clean/rejuvenate river Ganga on the analogy of the National Water Development Agency as well as Water Resources Development Council. The inter-state council shall make recommendations to the Central Government, within a period of three months after its constitution, to the Central Government. The Central Government shall consider the same within a further period of three months and take necessary measures to restore river Ganga to its pristine glory. Director, National Mission for Clean Ganga is directed to accord sanction of Rs.266.09 crores, as per the DPR sent to it by the State Programme Management Group (SPMG), within a period of six weeks from today. The funds shall be used exclusively by the Uttarkhand Peyjal Nigam for interception and diversion of leftover drains for existing Sewage Treatment Plants (STPs), new STPs and other effluent works at Haridwar. The State Government is directed to enhance the capacity of Sewage Treatment Plants at Haridwar and Rishikesh, within a period of three months from today, taking into consideration the sewage load in these two towns. Bharat Heavy Electricals Ltd. (BHEL) is directed to install Sewage Treatment Plant of having capacity of 11 MLD, as per the direction issued by respondent no.2-Uttarakhand Environment Protection & Pollution Control Board on 21.12.2015, within six months from today, if not already installed. All the 21 Hydroelectric Projects located in the mainstream of River Ganga are hereby directed to install Sewage Treatment Plants of appropriate capacity during construction phase and thereafter, at operational phases, within a period of six months from today. Director, National Mission for Clean Ganga, is directed to install the Sewage Treatment Plant, having capacity of 40 MLD, at Jagjeetpur, sanctioned by it on 29.9.2015, by completing the process within three months from today. Respondent No.2-Uttarakhand Environment Protection & Pollution Control Board is directed to take action against those 180 Industries, to whom the Show cause Notices have been issued in the Year 2015-16 as per Annexure No.4, and to complete the same within three months from today. Industries mentioned at Serial Nos.1 to 44, to whom Closure Notices have already been issued in the Year 2014-15, are hereby ordered to be closed/shut forthwith by the concerned District Magistrate. 106 Industries, to whom Closure Notices have been issued in the Year 2015-16, are also ordered to be closed/shut forthwith by the concerned District Magistrate. The State Government is directed to take appropriate action against the respondent no.2 – State Environment Protection & Pollution Control Board under Section 62 of the Act of 1974 within a period of six months from today, since it has failed to discharge its statutory duties under the State Act. The Union of India is also directed to issue necessary directions to...

Cleaning Ganga: Uttarakhand HC Issues Directives To Authorities; Calls For CAG Audit Of Schemes

Vidushi Sahani

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