- (1.) Facts leading to file this writ petition before this Court are that Bhartiya Kisan Sangh, Rajasthan Pradesh filed D.B.Civil Writ Petition (PIL) No.718/2009 before this Court raising grievances regarding issue of pollution of water in A minor canal, which passes through Srigangangar district. In that writ petition several directions were issued by the Division Bench of this Court from time to time, however, ultimately the said D.B.Civil Writ Petition (PIL) No.718/2009 was transferred to the National Green Tribunal (NGT) for adjudication vide order dated 21.04.2014.
(2.) In the meantime, Bhartiya Kisan Sangh, Rajasthan Pradesh filed Original Application Nos.86 to 89 of 2014 in relation to other minor canals of Sriganganagar district claiming that water in those minor canals are being polluted and, therefore, necessary directions be issued. Circuit Bench of NGT at Jodhpur on 10.07.2014 passed the following order in the above mentioned four original applications: "July,10.2014 Heard the Learned Counsel appearing for the Applicants. The learned counsel for the applicants point out that in respect of A- Minor Canal of Shri Ganga Nagar, the Hon'ble High Court of Jodhpur has passed certain interim directions after getting reports from Rajasthan Pollution Control Board and these four applications relate to similar four minor canals and the water in those minor canals are being polluted and in such circumstances, necessary directions be issued. Let Notice be issued to the respondents by Registered post/ acknowledgment due and Dasti as well. Requisite to be filed within 3 days. Mr. Shishodia takes notice for Respondent nos. 8 to 10. Applicants to serve a copy of the applications to the learned counsel along with the copy of the documents today itself. Considering the allegations raised in the applications and the seriousness of the pollution being caused, we direct the Respondent No. 9 Rajasthan State Pollution Control Board to depute a team headed by a of senior officer to inspect the four minor canals and report about the nature of the canal, the pollution being caused, the sources of pollution and the remedial measures. Let the report be filed by the next date of hearing; List the matters on 11th September, 2014."
(3.) The NGT thereafter in the above mentioned four original applications passed the various orders, wherein certain directions were have been issued. Some of the orders are reproduced hereunder: "November 27, 2014 Heard. Perused. Replies have been tendered by the Rajasthan Pollution Control Board along with the inspection report. The main grievance of the applicant is that the pollution is being caused in drinking water flowing through the minor canals namely Karnijavi, Baby distributaries of Ganga Canal, Mandi Minor Canal and Gharsana Canal. Perusal of the inspection reports tendered by he Rajasthan Pollution Control Board reveals that the canals are flanked by strips of land having width of 60ft. each on both the sides which have been occupied by human habitation for the purposes of residence and commerce and their presence is contributing to the pollution of drinking water flowing through canals. It also reveals that at some places along these canals the inlets to discharge filthy water into the canals have been made and the platforms have raised over the canal. We also find from the reports that canal water is being used along the canal for washing purposes and the discharge there from again meets the canal water. There are also instances of throwing of garbage/solid waste in the canal quoted in the report. State has yet to respond to the application Rajasthan Pollution Control Board shall handover copies of the inspection reports to Learned Counsel for the state. It shall be the obligation of the state to go through the observations which have been noted in the inspection reports and to suggest measures to check the pollution of the canal water. However, in the meantime we direct the state to take all such effective measures to remove all the inlets discharging filthy substances or water into the canal and to remove all such platforms raised on the canal. This shall be a small step for curbing the pollution at this stage and we will consider the major remedies on getting the response from the state to the application. Compliance Report regarding the compliance of directions shall be filed by the State on the next date. List the matter on 23rd January, 2015." January 23, 2015 In the earlier order of this Tribunal dated 27th November, 2015, the Tribunal relied upon a report filed by the Rajasthan Pollution Control Board. We have issued a direction to the State to go through the observations made by the Pollution Control Board in the inspection report and suggest the measures to be taken to check pollution of the canal water which relates to Karni (G.B.) Minor Canal, B.B. canal, Mandi Minor Canal and Gharsana (Anupgarh Bharnch) Canal. Today on behalf of the State a reply has been filed and the Learned Counsel appearing for the applicants has also filed an affidavit stating that the direction given by the Tribunal to take all effective measures to remove all inlets discharging filthy substances or water into the canal and to remove all such platforms raised on the canal has not been carried out at all. In the absence of compliance of the earlier direction by the Tribunal it is the contention of the Learned Counsel appearing for the applicant that some effective directions to be issued to the State to take appropriate measures. He has also produced the latest photographs to show that the earlier situation is still in existence. On seeing the photographs we are certainly alarmed the way in which the Canal is maintained by the state and filthy water is treated as water for drinking for the poor people of village. It is unfortunate that in spite of earlier direction, no compliance has been made by the State so far. However, the Learned Counsel appearing for the State would plead that due to certain election of panchayat, effective actions could not be taken and if a short time is given, a time bound scheme will be produced before the tribunal for its approval. Considering the facts and circumstances of the case in order to give one more opportunity to the State government finally we pass the following order: 1. The State shall prepare a comprehensive and short term scheme with time frame for the purpose of preventing discharge of untreated effluent into the Canal. 2. The long term scheme for the purpose of removal of encroachments situated on the water bodies and the time frame. 3. In the mean we direct the State Pollution Control Board to inspect to find out as to whether the drinking water stated to have been supplied after treatment meets the standard of drinking water and file a status report. We direct the State which includes the Revenue Department and District Collector to provide safe drinking water to all the affected village by transporting drinking water, as the claim that raw water supplied to the PHED from the canal is treated before being supplied to people is not supported by any document about treatment measure provided in the area. Interim order passed by the Tribunal dated 27th November, 2015 shall continue to be in operation. The learned Counsel appearing for the applicant brought to the Notice to this Tribunal that one Public Interest Litigation in W.P. No.718/2009 was transferred by the Hon'ble High Court of Rajasthan at Jodhpur in the order dated 21-04-2014. The registry shall find out the status of the said case and if the papers are transferred from the High Court in the mean time the said W.P. may be numbered as application and listed along with these matters. Stand over to 20th March, 2015." "May 15,2015 Heard. Perused. Grievance that has been raised in the present applications is regarding the pollution caused in the water running through the distributories of Ganga Nahar Canal and Ganga Nahar itself. One of the WP No. 718/2009 which concerns the main Ganga nahar Canal and would have much to say on the larger perspective has been transferred from the High Court to us for its final disposal. However, the record has not yet reached us. Considering the factors which have contributed to the pollution/ contamination of the canal waters in its distributories in question, we had directed the State to come out with the comprehensive shot term as well as long term schemes for the purpose of rendering the canal and its distributories free of encroachments on the water bodies and consequent contamination in given time frame. We had also directed the State Pollution Control Board to collect water samples from the distributories as well as the potable water rendered there-from, analyse the same and place before us the analysis reports. Today, we have before us the compliance report dated 11th May, 2015 of the District Collector, Ganaga Nagar, analysis report filed by the Rajasthan State Pollution Control Board and additional affidavit of Mr. Rakesh Chander Mathur officer in charge Rajasthan State Pollution Control Board dated 15th May, 2015. It is revealed that the samples of water from the distributories could not be collected as there was no water in the distributories due to ongoing maintenance work and the analysis reports of the water samples drawn from the clean water reservoir are normal. It is also revealed that water in the clean water reservoir is the water which is treated and stored water collected from the water drawn from the distributories. No wonder, therefore, the analysis report would indicate that everything in the clean water reservoir is normal. However, it will be of use to know what is the standard of the water running through the distributories, particularly, at the points where the water enters the populated area and leaves it. We therefore, direct the SPCB to collect water samples upstream the distributories in question where there is no population around and the water samples of downstream where the population is there around the banks of the distributories. The state has come out with the long term planning to free distributories and canal from the menace of contamination. According to the State it will take six months time to construct waste water drains i.e. interceptor drains along the distributories of canal and would take one and a half years for removal of encroachments along the banks of the distributories and canal. Let the State place before us the steps they have taken for construction of waste water drains and removal of the encroachments before us on the next date of hearing. In the meanwhile we direct the State/local authorities to impose damages or compensation of Rs. 1,000/- on a person found throwing waste or contaminating any distributory or canal water in any manner whatsoever per incidence and recover the same from such person by invoking polluter pays principle. If anyone resists the payment of such damages or compensation the case of such person shall be referred to us and such person shall be made to appear before us. Citizens shall be made aware of this direction imposing the compensation or the damages for contaminating water through publication of notices on Boards at prominent places, in news as well as on radio and T.V media. Compliance report regarding publication of such notices shall be placed before us on the next date of hearing. The State and local authorities shall place before us the action taken report in respect of enforcement of the direction imposing the compensation or damages. We request the Hon'ble High Court of Rajasthan judicature at Jodhpur to ensure the despatch and handing over of the records of WP No. 718/2009 to us before the next date of hearing. Our Registrar General to convey our request to the Hon'ble High Court. List the case on 10th July, 2015.";