- (1.) GETALSAD reservoir is a major source of drinking water supply to the town of Ranchi. It is said that Harmu river and its tributaries carry water into that reservoir. This writ petition is filed by the petitioner, a resident of the town of Ranchi, praying for the issue of a writ of mondamus directing the Jharkhand State Housing Board, Ranchi. The Regional Development Authority. The Ranchi Municipal Corporation and the Jharkhand State Pollution Control Board to stop the discharge of sewage and other hazardous effluents into Harmu river. The petitioner seeks a direction, especially to the Housing Board to provide an effective sewage system, especially in Harmu Housing Colony in Ranchi and for installing a sewage treatment plant for purifying effluents before they get into Harmu river and its tributaries. There is also a prayer for issue of a direction to the Housing Board and the Development Authority not to violate Sec. 78 of the Jharkhand State Housing Board Act, 2000 while exercising their respective statutory powers and while sanctioning or approving building plans or permitting other constructions in respect of Housing Schemes under Sec.28 of the Housing Board Act. A further prayer has been made for issue of a direction to the Housing Board, the Development Authority and the Municipal Corporation to provide all the amenities contemplated by Sec.28(4) of the Housing Board Act and Regulation 44 of the Housing Board Regulations, The State Pollution Control Board has been impleaded with all the allegation that the same was not doing anything to enforce the Environmental Protection Act, the Air Prevention & Control of Pollution Act, 1981, the Water (Prevention & Control of Pollution) Act, 1974 and other laws relating to protection of environment. In short, the allegation against the Pollution Control Board is that it is not performing its statutory duties, it is aiding and abetting pollution and doing nothing to prevent or control it. The petitioner submits that the writ petition has been filed in public interest.
(2.) THE Ranchi Regional Development Authority and the Municipal Corporation In their respective counter -affidavits have adopted negative attitudes. After questioning the maintainability of the writ petition as a public interest litigation, they have gone on to assert that the entire responsibility is that of the Housing Board. Except merely denying the allegations in the writ petition regarding the letting in all sewage and other effluents into Harmu river and its tributaries neither the Development Authority, nor the Municipal Corporation has set out the steps, if any, they have taken to control pollution, especially water pollution, in the context of the present case and the steps they are taking to enforce the laws dealing with environmental protection. The counter -affidavits filed by the Ranchi Regional Development Authority and the Ranchi Municipal Corporation clearly evidence their apathy in the matter of keeping the environment clean and in the matter of ensuring implementation of the laws enacted for protection of environment. The Pollution Control Board, which is the created authority to ensure that pollution is controlled, if not prevented, has admitted that water in Harmu River and Argora Nalla near Tapoban Mandir when analyzed was found to contain pollutants very much above the normal range of water and made the water harmful for consumption. On a similar test of water from near Harmu Road Bridge, that was also found to be polluted and harmful for consumption. There is no plea save the plea that it has sent letters requesting the Housing Board and the Municipal Corporation to seek consent from the Pollution Control Board for discharge of domestic/sewage effluents in terms of Secs. 25 and 26 of the Water (Prevention & Control of Pollution) Act, 1974 and to take necessary steps for construction of a sewage treatment plant and about of the follow up steps, if any taken in that behalf. It is pleaded somewhat apathetically, that in spite of several notices sent to the Housing Board and the Municipal Corporation, no steps are being taken by them so far. We must say that the counter affidavits make sorry reading. It reflects the total lack of will and the inefficiency of the Pollution Control Board for enforcing and in enforcing the Environmental Protection laws. It also shows that the powers available to it under the various enactments are not even attempted to be used by the Board so as to ensure public health and to ensure that pollution is controlled, if not prevented altogether. It is unfortunate that a body created for the purpose of enforcing Environmental Protection laws has not done anything effective to achieve the objects sought to be achieved by the mandate of the Constitution and it has become merely an agency to look on when Environmental Protection laws are flouted with impunity and occasionally even siding with the violators. It is high time that the Pollution Control Board of our State which should be committed to the cause of environment, public health and public interest, takes positive steps in this direction. The case of the petitioner essentially is that the Housing Board is designing housing colonies or projects without ensuring that steps are taken for the prevention of water pollution and environmental pollution in general. The petitioner has specifically referred to Harmu Housing Colony as illustrative of the attitude and the course adopted by the Housing Board which is bringing into existence Housing Board Schemes. What is pleaded in paragraph 5 of the counter -affidavit filed by the Housing Board is that river Harmu is being polluted not from Harmu Housing Colony, but the same is being polluted by the sewage and other hazardous effluents discharged from Kishore Ganj and Hindpiri areas. Whatever be the source, the fact remains that Harmu river is being polluted. That fact is even undisputed. The plea of the petitioner that water of Harmu river and its tributaries ultimately reach a reservoir which is a major source of water supply for drinking purpose, is also not seriously disputed. Thus, the counter affidavit filed by the Housing Board supports the case of the petitioner that public interest has suffered because of Harmu river being polluted. It is pleaded by the Housing Board that it has already handed over Harmu Housing Colony to the Ranchi Municipal Corporation, the local authority, in terms of the Housing Board Act and it has requested them to provide the civic amenities and to maintain them. It is pleaded that the Ranchi Municipal Corporation was collecting taxes from the residents of Harmu Housing Colony and it is suggested that it is the duty of the Municipal Corporation to furnish all amenities including the amenity of keeping the area clean and prevent pollution of the river. It is pleaded that a drainage system is provided by the Housing Board, but it is not a sewage system. It is somewhat loftily pleaded that all the houses in the colony lad their sewerage water into soak pits in the respective compounds and no sewage water or dirty water is being let into the public drain. Thus, the Housing Board has, in fact, sought to shift responsibility and has not been able to set out anything positive about the arrangements made for the protection of the river and the environment, except stating that they have identified a plot in the Housing Colony, plot No. 744, for establishing a sewerage treatment plant. It is also stated that the district administration has forcibly occupied that plot without the consent of the Housing Board. The plant has not been established in view of paucity of funds.
(3.) IT is thus clear, even on the pleadings, that there is a serious contamination of the water flowing into Harmu river and its tributaries and it is the duty of the authorities concerned to prevent pollution in terms of the Water (Prevention & Control of Pollution) Act, 1974 and the other protection laws.;