- (1.)ECO Sanitation Welfare counsel a registered non governmental organisation has shown its concern for protection of environment through this petition. This litigation is naturally in the nature of public interest. It is. stated that trucks and other vehicles remain unauthorised parked on the roads. Even in stationery condition engines of these vehicles remain ignited. This leads to emission of unburnt vapours. This according to the petitioner society create air pollution, water pollution and also noise pollution. A writ of mandamus is being claimed. This is to the effect that the concerned authorities should take notice of the Sections 117,122 and 127 of the Motor Vehicles Act of 1988 and also Rules 170,175 and 275 of the Rules framed under Motor Vehicles Act. It is also stated that attempts made to draw the attention of the authorities have borne no fruits/ It is accordingly urged that the authorities both State and Municipal should take notice of the grievance indicated in the petition. Photographs have been placed on the record. These do indicate that loaded vehicles stand parked on the roads. This obviously cause hindrance to the free flow of normal traffic. Remedial measures are imperative. WATER POLLUTION
(2.)SO far as water pollution is concerned this aspect has been dealt with in Ratlam Municipality Vs. Vardhi Chand AIR 1980 SC 1622. In this case residents of a locality within limits of Ratlam Municipality tormented by Stench and stink caused by open drains and public excretion by nearly slum dwellers moved the Magistrate under S. 133 of Cr.P.C. to require Municipality to do its duty towards the members of the public. The Magistrate gave directions to Municipality to draft a plan within six months for removing nuisance. In appeal Sessions Court reserved the order. The High Court approved of the order of Magistrate. In further appeal the Supreme Court also affirmed the Magistrate order. The Supreme Court further observed that the plea of the Municipality "that notwithstanding the nuisance financial inability validity exhonerates it has no juridical basis." In para 23, directions were given. These are relevant and these are being quoted as under:
"The Municipal Council shall within six months from today, construct a sufficient number of public latrines for the use by men and women separately, provided water supply and scavenging service morning and evening so as to ensure sanitation. The Health Officer of the Municipality will furnish a report at the end of the six monthly term, that the work has been completed. We need hardly say that the local people will be trained in using and keeping these toilets in clean condition. Conscious cooperation of the consumers is too important to be neglected by representative bodies. The State Government will give special instructions to the Malaria Eradication wing to stop mosquito breeding in Ward 12. The Sub -Divisional Magistrate will issue directions to the officer concerned to file a report before him to the effect that the work has been done in reasonable time. The municipality will not merely construct the drains but also fill up cesspools and other pits of filth and use its sanitary staff to keep the place free from accumulations of filth. After all, what is lays out on prophylactic sanitation is a gain on its hospital budget. We have no hesitation in holding that if these directions are not complied with the Sub Divisional Magistrate will prosecute the officers responsible. Indeed, this court will also consider action to punish for contempt in case of report by the Sub -Divisional Magistrate of wilful breach by any officer."

(3.)AS such following directions are given:
(i) The State and Municipal authorities would implement what was said by the Supreme Court of India in para 23.2, 23.4. It would frame a scheme so that the same is carried out in a phased manner. Let this scheme be prepared by 31st of October 1998.

(ii) Efforts be made to provide covered drainage. One cannot be unmindful to the fact that it is not possible for the authorities to make the requisite budgetary provisions at once because the problem is acute. But there are citizens and other public organisations who may be willing to provide covered drains in front of the commercial premises owned by them or in front of their houses. For this purpose, the authorities would formulate a set design and this design should be made available to all those persons who are willing to provide pucca and covered drainage in front of their commercial houses. It is made clear that the ownership of such a space would continue to vest in the Municipality and these convered drains would remain accessible to public,

(iii) Any person or organisation who expresses a desire to cover even big drains flowing adjacent to their houses then the Municipality should provide them with a set standard design and the citizens of this city and other organisations may be permitted to cover open drains also. This would, however, not vest the ownership of the portion which is so covered in the person covering the same. The ownership would continue to vest in the Municipality and the public would have a right of access to this covered portions,

(iv) The Municipality shall take monthly samples of water from different areas. The result of the analysis would be forwarded to the State Laboratories and also to the Central Laboratories maintained under the Environment (Protection) Act of 1986. Any person wishing to have a copy of this report would be provided with the same on usual payment. In case it is found that the water is polluted then the Municipality or the concerned Executive Magistrate would initiate proceedings under Section 188 of the Penal Code against the person responsible for supply of water to the town of Jammu.

(v) The Municipality of Jammu can also take initiative with a view to cover the open drains.

(vi) The authorities would formulate a concrete scheme for seeing that all sewerage disposal is passed through separate pipes having concrete lining. This is essential to protect water sources."

The above measures should take care of water pollution. It would eliminate dirty stagnating waterless -pools. This would eradicate not only Malaria but also several other water borne diseases. Let schemes be formulated positively by 31st of October, 1998. AIR POLLUTION