Kanwaljit Singh Ahluwalia, J. - (1.) LUDHIANA is the most affluent, prosperous and largest city of Punjab. The city stands on the old bank of river Sutlej, which is situated on the northern side of Ludhiana city, approximately 15 kilometers away from the City Center. Ludhiana is also known as Manchester of India, being one of the most industrialized towns of northern India. The industries housed in Ludhiana are engaged in manufacture of woollen garments, cotton and synthetic yarns. As per a survey, 95 percent of the country's woolen industry is located in Ludhiana. 30 percent of the country's cotton industry is also based at Ludhiana. 1/3rd of the total power available in the State of Punjab is consumed in Ludhiana only. The steel based industry situated in this city consists of cycle and auto parts and foundries. Besides this, rubber based industry manufactures tyres and tubes. As much as 70 percent of the country's cycles and cycle parts are also manufactured at Ludhiana. Industrialization and development had their fallouts too. What ails Ludhiana is suffered by Budha Nullah.
(2.) BUDHA Nullah is a seasonal water -stream and passes through the highly populated Ludhiana district. As per the survey carried by the Department of Science, Technology and Environment; Budha Nullah originates from village Kumbh Kalan and its confluence point with the river Sutlej is near village Valipur. Budha Nullah has a sinuous course and the width of the channel varies from place to place. It is a flooding stream during the rainy season.
(3.) FIVE writ petitions, out of which two have arisen out of a suo -motu notice taken by this Court, have been on the board of this Court for long. They all concern Ludhiana and Budha Nullah. The issues raised in these writ petitions essentially are the concerns of all well -meaning citizens, i.e. how to make Ludhiana and Budha Nullah pollution -free and ensure public hygiene so that the contaminated water passing through Budha Nullah, which ultimately merges in the river Sutlej, does not become a source of health hazard and cause epidemic. During the course of various hearings, CWP No. 7036 of 2005 titled as 'Nirbhai Singh v. State of Punjab' became the lead case to evolve a comprehensive plan and strategy to make Ludhiana and Budha Nullah free of the ill -effects of rapid, haphazard and unplanned industrial growth. Industrialization and technological progress had caused a negative impact on the environment in terms of pollution and degradation, and had stressed the environmental system due to accumulation of the stock of wastes. Pollution of water, air and atmosphere are the bye -products of economic development, particularly industrialization and urbanization. It is an admitted fact that air and water pollution in the developing countries cause heavy toll of human life through ill -health and premature mortality. It is the poverty struck population, i.e. lowest strata of the society, which suffers most from the onslaught on the nature. Therefore, the first writ petition viz. CWP No. 7036 of 2005 titled as 'Nirbhai Singh v. State of Punjab' in which suo -motu notice was taken, originated out of a complaint received by the Chief Justice of this Court from a prisoner of Central Jail, Ludhiana. Nirbhai Singh was undergoing rigorous imprisonment for ten years. In his communication addressed to the Chief Justice of this Court he stated that 10/12 chemical factories situated in front of the jail emit black smoke after 5.00 p.m. till the early morning; due to which inmates of the jail suffer from chest/cough ailments throughout the night and itching in their eyes. A grievance was made that the smoke emitted from the chimneys of the factories engulfs the barracks of the jail and makes the prisoners feel as they are confined in gas chambers. It was stated that the prisoners are reminded of the treatment meted to the Jews by Hitler in the gas chambers. A clarion call was given to redress the grievance of the petitioner. This communication was received in the Chief Justice Secretariat on 9th November, 2004. An Administrative Judge of this Court directed the District and Sessions Judge, Ludhiana to submit his report after visiting the Central Jail, Ludhiana. In its report, the District and Sessions Judge, Ludhiana submitted that the dyeing mills are situated along Budha Nullah in front of the jail compound and these dyeing mills were constructed in the year 1991. The Deputy Commissioner, Ludhiana, who was requested to initiate necessary action, shifted the responsibility to the Punjab Pollution Control Board (hereinafter referred to as, 'PPCB'), saying that the dyeing units have received their licences from the PPCB. The PPCB and the 24 dyeing mills passed the blame upon Municipal Corporation, Ludhiana stating that the entire city's waste/garbage is thrown on the banks of Budha Nullah near the factories and when the same is set on fire smoke emanates out of it which creates pollution in the jail. Since nobody was ready to own -up the responsibility, the Administrative Judge recommended that the communication received from the convict requires judicial intervention.;