Decided on January 16,2002

UNION OF INDIA Respondents


- (1.)In relation to the pollution of River Gomti, order has been passed by this Court on 07-11-2001 requiring the State of Uttar Pradesh to acquire necessary land in different cities through which the River passes, and after identifying land necessary for having the oxidation ponds, the appropriate civic body would be required to be issued further direction from the Court. An affidavit has been filed on behalf of the State of Uttar Pradesh deposed to by the Special Secretary, Nagar Vikas Vibhag, Govt. of U.P. indicating therein that acquisition has already been made fully in respect of some of the towns and partly in respect of some of the towns, but it. has further been stated that in view of the policy-decision of the high level meeting of National River Conservation Authority held on 13.03.2001, it may not be necessary for the State to identify the land in the towns referred to in our earlier order until and unless the said authority (NRCA) includes the town in question for providing appropriate sewerage treatment plan by way of an oxidation pond. This stand of the State of Uttar Pradesh is wholly unreasonable, and whether the NRCA includes the towns or not, since these towns have been identified to be the chief source of pollution for River Gomti, we consider it to be the State's obligation to provide necessary land required to have oxidation ponds. In the aforesaid towns, the State cannot be absolved of its liability on the pretext that no decision has been taken by the said National River Conservation Authority. We, therefore, direct the State of Uttar Pradesh to acquire the necessary land required in the aforesaid towns for having oxidation ponds, and complete the process of acquisition within three months from today. An affidavit be filed by the State of Uttar Pradesh indicating the identification of the land in the aforesaid towns and their acquisition so that further direction could be given with regard to providing funds for having the oxidation ponds. The affidavit required to be filed by the State of Uttar Pradesh must be served on Mr. P.H. Parekh, who is the Amicus Curiae in this case.
(2.)List after three months.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.