VENKATARAMIAH - (1.) THE Judgment of the court was delivered by
(2.) BY our judgment dated 22/09/1987 in M. C. Mehta v. Union of India we issued certain directions with regard to the industries in which the business of tanning was being carried on at Jajmau near Kanpur on the banks of the river Ganga. On that occasion we directed that the case in respect of the municipal bodies and the industries which were responsible for the pollution of the water in the river Ganga would be taken up for consideration on the next date of hearing. Accordingly, we took up for consideration first the case against the municipal bodies. Since it was found that Kanpur was one of the biggest cities on the banks of the river Ganga, we took up for consideration the case in respect of the Kanpur Nagar Mahapalika. The Kanpur Nagar Mahapalika is established under the provisions of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as 'the Adhiniyam'). Ss. (3) of S. I of the Adhiniyam, which is to be found in its first chapter, provides that the first Ch. of the Adhiniyam shall come into operation at once and the remaining provisions in relation to a city shall come into operation from such date as the State government may by notification in the official gazette appoint in that behalf and different dates may be appointed for different provisions. In exercise of the powers conferred by the said Ss. and in continuation of a notification dated 28/09/1959 bringing into operation S. 579 and 580 of the Adhiniyam, the governor of Uttar Pradesh was pleased to issue a notification dated 18/01/1960 appointing the first day of February. 1960 as the date on winch the remaining provisions of the Adhiniyam and the three Schedules, appended thereto, would come into operation in relation to the cities of Kanpur. Allahabad, Varanasi, Agra and Lucknow, as constituted under S. 3 of the Adhiniyam. The duties and powers of the Mahapalika and Mahapalika 475 authorities are set out in Ch. V of the Adhiniyam. Clauses (iii), (vii) and (viii) of S. 114 of the Adhiniyam, which incorporates the obligatory duties of the Mahapalika, read as follows : 114. Obligatory duties of the Mahapulika.-It shall be incumbent on the Mahapalika to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely,- (iii) the collection and removal of sewage, offensive matter and rubbish and treatment and disposal thereof including establishing and maintaining farm or factory ; (vii) the management and maintenance of all Mahapalika waterworks and the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes; (viii) guarding from pollution water used for human consumption and preventing polluted water from being so used; S. 251, 388, 396, 397, 398, 405 and 407 of the Adhiniyarn read as follows: 251. Provision of incails jor disposal of sewage.-The Mukhya Nagar Adhikari may, for the purpose of receiving, treating, storing, disinfecling, distributing or otherwise disposing of sewage, construct any work within or without the city or purchase or take on lease any land, building, engine, material or apparatus either within or without the city or enter into any arrangement with any person for any period not exceeding twenty years for the removal or disposal of sewage within or without the city. 388. Provision may be made by Mukhya Nagar Adhikari for collection, etc., of excrementitious and polluted matter.(1) The Mukhya Nagar Adhikari may give public notice of his intention to provide, in such portion of the city as he may specify, for the collection, removal and disposal by Mahapalika agency, of all excrementitious and polluted matter from privies, urinals, and cess-pools, and thereupon it shall be the duty of the Mukhya Nagar Adhikari to take measures for the daily collection, removal and disposal of such matter from all premises situated in such portion of the city. (2) In any such portion as is mentioned in Ss. (1) and in any premises, wherever situated, in which there is a water closet or privy connected with a Mahapalika drain, it shall not be lawful. except with the written permission of the Mukhya Nagar 476 Adhikari, for any person who is not employed by or on behalf of the Mukhya Nagar Adhikari to discharge any of the duties of scavengers. 396. Removal of carcasses of dead animals.-(1) It shall be the duty of the Mukhya Nagar Adhikari to provide for the removal of the carcasses of all animals dying within the city. (2) The occupier of any premises in or upon which any animal shall die or in or upon which the carcass of any animal shall be found, and the person having the charge of any animal which dies in the street or in any open place, shall, within three hours after the death of such animal or, if the death occurs at night within three hours after sunrise, report the death of such animal at the nearest office of the Mahapalika health department. (3) For every carcass removed by Mahapalika agency, whether from any private premises or from public street or place, a fee for the removal of such amount as shall be fixed by the Mukhya Nagar Adhikari shall be paid by the owner of the animal, or, if the owner is not known, by the occupier of the premises in or upon which, or by the person in whose charge, the said animal died. 397. Prohibition of cultivation, use of manure, or irrigation injurious to health.-If the Director of Medical and Health Services or the Civil Surgeon or the Nagar Swasthya Adhikari certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner- (a) in a place within the limits of a city is injurious of facilitates practices which are injurious to the health of persons dwelling in the neighbourhood, or (b) in a place within or beyond the limits of a city is likely to contaminate the water-supply of such city or otherwise render it unfit for drinking purposes, the Mukhya Nagar Adhikari may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the injury or contamination: Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practised in the ordinary course of husbandry for the five successive years next preceding the date of prohibition, compensation shall be paid from the Maha 477 palika Fund to all persons interested therein for damage caused to them by such prohibition. 398. Power to require owners to clear away noxious vegetation.-The Mukhya Nagar Adhikari may, by notice, require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighbourhood. 405. Power to require removal of nuisance arising from tanks, etc.-The Mukhya Nagar Adhikari may by notice require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off a private well. tank, reservoir, pool, depression or excavation therein which may appear to the Mukhya Nagar Adhikari to be injurious to health or offensive to the neighbourhood: Provided that the owner or occupier may require the Mukhya Nagar Adhikari to acquire at the expense of the Mahapalika or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under this section. 407. Any place may at any time he inspected for purpose of preventing spread of dangerous disease.-The Mukhya Nagar Adhikari may at any time, by day or by night, without notice or after giving such notice of his intention as shall in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
(3.) THE above provisions deal with the specific duties of the Nagar Mahapalika or the Mukhya Nagar Adhikari appointed under he Adhiniyam with regard to the disposal of sewage and protection of the environment in or around the city to which the Adhiniyam applies. THEre are almost similar provisions in S. 7, 189, 191 and other provisions of the Uttar Pradesh Municipalities Act, 1916 which applies to the smaller municipal bodies. THE Uttar Pradesh Water Supply and Sewerage Act, 1975 imposes statutory duties on the authorities mentioned therein regarding the provision of water supply to the cities and towns and construction of sewerage systems in them. THE perusal of these provisions in the laws governing the local bodies shows that the Nagar Mahapalikas and the Municipal Boards are primarily responsible for the maintenance of cleanliness in the areas under their jurisdiction and the protection of their environment. We have, in the judgment delivered by us on 22/09/1987, briefly referred to the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 478 of 1974) (hereinafter referred to as 'the Water Act') in which provisions have been made for the establishment of the 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. In the Water Act the expressions 'Pollution'. 'sewage efliuent', 'sewer', 'stream' and 'trade effluent' are dcfined as follows: 2. Definitions.-In this Act. unless the context otherwise requires,* * * (e) '[pollution' means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may. or is likely to. create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses. or to the life and health of animals or plants or of aquatic organisms ; * * * (g) 'sewage effluent' means effluent from any sewerage system or sewage disposal works and includes sullage from open drains: (gg) 'sewer' means any conduit pipe or channel, open or closed, carrying sewage or trade effluent: * * * (j) 'stream' includes- (i) river; (ii) water course (whether flowing or for the time being dry) ; (iii) inland water (whether natural or artificial); (iv) subterranean waters; (v) sea or tidal waters to such extent or, as the case may be. to such point as the State government may. by notification in the official gazette, specify in this behalf; (k) 'trade effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any trade or industry, other than domestic sewage. 479 S. 3 and 4 of the Water Act provide for the constitution of the central Board and State Boards respectively. A State Board has been constituted under S. 4 of the Water Act in the State of Uttar Pradesh. S. 16 of the Water Act sets out the functions of the central Board and S. 17 of the Water Act lays down the functions of the State Board. The functions of the central Board are primarily advisory and supervisory in character. The Centeal Board is also required to advise the central government on any matter concerning the prevention and control of water pollulion and to co-ordinate the activities of the St:'te Boards. The central Board is also required to provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution. The functions of the State Board are more comprehensive. In addition to advising the State government on any matter concerning the prevention, control or abatement of water pollution, the State Board is required among other things (i) to plan a comprehensive programme for the prevention. control or abatement of pollution of streams and wells in the State and to secure the execution thereof, (it) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof ', (Hi) to encourn"c. conduct and participate in invcstigations and research relating to problems of water pollution and prevention, control or abatement of water pollution: (iv) to inspect sewage or trade effluents, works :ind plants for the treatment of sewage and trade effluents : (v) to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system tor the disposal of sewage or trade effluents or in connection with the grant of any consent as required by the Water Act: (vi) to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution; and (vi:) to lay 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 and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents. The State Board has been given certain executive powers to implement the provisions of the Water Act. S. 20. 21 and 23 of the Water Act confer power on the State Board to obtain information necessary for the implementation of the provisions of the Water Act. to take samples of effluents and to analyse them and to follow the procedure prescribed in connection therewith 480 and the power of entry and inspection lor the purpose of enforcing the provisions of the Water Act. S. 24 of the Water Act prohibits the use of stream or well for disposal of polluting matters etc. contrary to the provisions incorporated in that section. S. 32 of the Water Act confers the power on the State Board to take certain emergency measures in case of pollution of stream or well. Where it is apprehended by a Board that the water in any stream or well is likely to be polluted by reason of the disposal of any matter therein or of any likely disposal of any matter therein, or otherwise, the Board may under S. 33 of the Water Act make an application to a court not inferior to that of a Presidency Magistrate or a Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.;