- (1.)This writ petition filed in public interest as early as in the year 1985 brings into sharp focus problems arising from unabated pollution in what is for our countrymen the holiest of the rivers that flow in the subcontinent. It all started with the publication of write-ups in Hindustan Times Issue dated 8-11.9.1984 pointing out that Bharat Heavy Electricals Limited in Bhadrabad near Haridwar was discharging untreated industrial effluents into the holy Ganges. Moved by the prevailing state of affairs, Sh. M.C. Mehta, who happens to be a noted environmentalist filed the present writ petition in which he prayed for several reliefs primarily aimed at restraining the polluting industries that have mushroomed on the banks of the river from polluting the holy river Ganga.
(2.)This Court has over the past thirty years or so passed a series of orders to which we need not refer except a few that are specially notable. The first of these orders was passed as early as on 9.9.1985 by which this Court issued notices to all the industries situated in the urban areas on the banks of river Ganga to stop discharging effluents from their factories without treating the same properly in accordance with the standards prescribed by the Central Pollution Control Board. General notices were pursuant to the said direction issued and published in various newspapers in response whereto some of the industries filed affidavits while others did not even choose to appear. By another order dated 10.12.1991 this Court directed compliance with the earlier directions and closure of such of the industries as failed to do the needful.
(3.)The third significant order to which we must refer at this stage is an order dated 22.9.1987 reported in (1987) 4 SCC 463 whereby this Court directed closure of as many as 20 tanneries working on the banks of Ganga and discharging effluents into the river. The relevant passages from the said order read:
"14...It is unfortunate that a number of tanneries at Jajmau even though they are aware of these proceedings have not cared even to enter appearance in this Court to express their willingness to take appropriate steps to establish the pretreatment plants. So far as they are concerned an order directing them to stop working their tanneries should be passed. We accordingly direct M/s. Delight Tannery (respondent 14), M/s. 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 Tarmery (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), M/s. Madina Tannery (respondent 46), M/s. Kanpur Tannery (respondent 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. Navratan Tanning (respondent 71), M/s. Haroou Tannery (respondent 73), M/s. Himalaya Tanners (respondent 76), M/s. R.A. Traders (respondent 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 their tanneries either directly or indirectly into the river Ganga without subjecting the trade effluents to a pretreatment process by setting up primary treatment plants as approved by the State Board (respondent 8) with effect from October 1, 1987.

15. M/s. Indian Tanning Industry (respondent 30), the U.P. Tannery (respondent 19), M/s. Zaz Tannery (respondent 28), M/s. Super Tannery India Ltd. (respondent 21), M/s. Shewan Tannery (respondent 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 subject to the condition that they should continue to keep the primary treatment plants established by them in sound working order.

16. 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 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 300 any of these tanneries does not set up a primary treatment plant within 31.3.1988 it is directed to stop its business with effect from April 1, 1988.

17. 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 Magistrate, Kanpur to enforce our order faithfully. Copies of this order shall be cent to them for information."