Bombay High Court
Mr. Rajesh Madhukar Pandit And Ors vs The Nashik Municipal Corporation ... on 19 December, 2014
Bench: A.S. Oka
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pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.176 OF 2012
1. Mr. Rajesh Madhukar Pandit
2. Mr. Nagsen (Nishikant) Murlidhar Pagare
3. Mr. Jagbir Nirmal Singh ... Petitioners
Versus
1. The Nashik Municipal Corporation
2. Commissioner, Nashik Municipal Corporation
3. Maharashtra Pollution Control Board
4.
5.
Government of India
State of Maharashtra
6. Maharashtra Industrial Development Corporation
7. M/s. Indiabulls Realtech Limited
8. Maharashtra State Power Generation
Co. Limited ... Respondents
-----------------------
Shri Pravartak Pathak, for the Petitioners.
Mr. M.L. Patil, for Respondent Nos.1 and 2.
Mr. R.B. Raghuvanshi i/by Ms. Rutuja Ambekar, for Respondent No.3.
Mr. D.A. Nalawade a/w Ravindra Lokhande, for Respondent No.4.
Mr. A.B. Vagyani, Government Pleader, for Respondent No.5.
Ms. Shyamali Gadre i/by M/s. Little & Co., for Respondent No.6.
Mr. K.G. Desai i/by M/s. Kartikeya & Associates, for Respondent No.7.
Mr. Sanjay Jain a/w Ms. Krishna Raja i/by M/s. L.J. Law, for
Respondent No.8.
CORAM : A.S. OKA & A.S. GADKARI, JJ.
ORDER RESERVED ON : 21st NOVEMBER, 2014
ORDER PRONOUNCED ON : 19th DECEMBER, 2014
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ORDER (Per A.S. Oka, J.):-
. We have heard the learned counsel appearing for the
parties on grant of further interim reliefs in the context of four
compliance reports placed on record by the Committee appointed by
this Court under the Chairmanship of the Divisional Commissioner as
well as in the context of the final report submitted by the National
Environmental Engineering Research Institute (NEERI). Another related
issue canvassed is as regards the progress made in the matter of
acquisition of lands for Gangapur STP and Pimpalgaon-Khamb STP. The
other aspect on which parties are heard is as regards the action plan of
Simhastha Kumbh Mela to be held in Nashik between July, 2015 to
August, 2016. Another issue is regarding the allocation of funds for the
Kumbh Mela and the release of funds by the Government of India for
the purposes of Kumbh Mela. There were some submissions made on
the implementation of the interim directions of this Court. The
submissions made will have to be appreciated in the light of various
earlier orders passed by this Court including a detailed interim order
passed on 7th March, 2014.
2. Under clause 18 of order dated 7th March, 2014, a
Committee headed by the Divisional Commissioner of Nashik was
appointed by this Court for continuous monitoring of the
implementation of the interim directions issued by this Court. The
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Committee appointed by this Court was required to submit periodical
reports to this Court after every two months as regards the
implementation of the directions issued by this Court as well as the
implementation of the recommendations of the NEERI. Total four
reports have been submitted by the Committee headed by the Divisional
Commissioner of Nashik. All the four reports are exhaustive reports
recording in detail the actions taken by various public authorities
involved including the Nashik Municipal Corporation. We must record
our appreciation for the performance of the Committee headed by the
Divisional Commissioner. We find that the Committee is efficiently
monitoring the implementation of the directions of this Court as well as
the recommendations of NEERI. We hope and trust that the Committee
continues to do good work in future also. As the Committee is
functioning efficiently, it is necessary for the Committee to set up a
grievance redressal mechanism to enable the citizens to bring to the
notice of the Committee the violations of law in relation to the river
Godavari and the breaches of the orders of this Court. This will help the
Committee to effectively monitor the entire process. To enable the
citizens to understand the scheme adopted by this Court for
rejuvenation of river Godavari, we propose to direct the Nashik
Municipal Corporation to upload all the reports of NEERI and copies of
relevant orders of this Court with its Marathi translation on its website.
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3. For rejuvenation of river Godavari, a very important step is
of setting up of Sewage Treatment Plans (STPs). There are two STPs
agreed and proposed to be set up by the Nashik Municipal Corporation.
The first one is at Gangapur and the second one is at Pimpalgaon-
Khamb. As regards the STP at Gangapur, in the affidavit of Shri
Bhimrao Abhiman Shinde, Deputy Collector (Land Acquisition) No.2,
Nashik, it is stated that the notification under Section 6 of the Land
Acquisition Act, 1894 was issued on 28th October, 2014. It is stated that
the Award will be declared on or before 31 st December, 2014 subject to
Nashik Municipal Corporation depositing the compensation amount. As
regards the acquisition of land for setting up STP at Pimpalgaon, the
affidavit notes that a declaration under Section 6 of the Land
Acquisition Act, 1894 has been published on 17th September, 2014. It is
stated that the Award under Section 11 of the Land Acquisition Act,
1894 will be finalised and declared on or before 15 th January, 2015. We
must note here that the outer limit in case of both acquisitions stated in
the affidavit is subject to the Nashik Municipal Corporation depositing
the compensation amount. The learned counsel appearing for the
Nashik Municipal Corporation states that the requisite amount as
demanded by the Deputy Collector (Land Acquisition) No.2, Nashik has
been already deposited. He states that there is no issue regarding
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deposit of compensation amount by the Municipal Corporation and
needful will be done.
4. We accept the statements made by Shri Bhimrao Abhiman
Shinde, the Deputy Collector (Land Acquisition) No.2, Nashik in his
affidavit.
5. The State Government will have to hand over the
possession of both the acquired lands to Nashik Municipal Corporation
as expeditiously as possible to enable the Nashik Municipal Corporation
to immediately start the process of construction of STPs. The Nashik
Municipal Corporation shall file an affidavit by the end of February,
2015 setting out the possible outer limit within which construction of
STPs will be completed and the same will be made functional. The
Committee headed by the Divisional Commissioner, Nashik shall
monitor the progress of construction of STPs.
6. From July, 2015, the event of Simhastha Kumbh Mela will
be held at Nashik and Trimbakeshwar. Traditionally, the Kumbh Mela is
held after every 12 years. As per the estimate of the State Government,
around 3 lakhs Sadhus and 1 crore devotees will take a holy bath in
river Godavari on the second Shahi Snan which is scheduled on 13 th
September, 2015 which is one of the important days. First Shahi Snan is
scheduled on 29th August 2015. Besides this important day, 37
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auspicious days have been declared during the year long Kumbh Parva
on which days lakhs of pilgrims are expected to take a holy bath in river
Godavari. By a Government Resolution dated 28 th December, 2012, the
Apex Committee headed by the Hon'ble the Chief Minister, a High
Power Committee and a District Level Committee have been constituted
for the purposes of organisation and management of Simhastha Kumbh
Mela. We must record here that there is already an "Action Plan to
tackle forthcoming Kumbh Mela" submitted by NEERI in November
2013 incorporating various recommendations. There is already an order
passed by this Court directing that recommendations of NEERI (except
the recommendation discussed at item no. 6 of the third compliance
report of the Divisional Commissioner) shall be implemented. If the
recommendations of NEERI in the Action plan are not properly
implemented during the Simhastha Kumbha Mela, there is every
possibility that the Godavari river will get further polluted thereby
defeating all the orders of this Court. While planning the organisation
of Simhastha Kumbh Mela, all concerned authorities will have to abide
by the directions issued by this Court under various orders passed in
this PIL. We direct the State Government to bring to the notice of the
Apex Committee, the High Power Committee and the District Level
Committee constituted under the Government Resolution dated 28 th
December, 2012, the following aspects :-
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A] A comprehensive interim order passed by this Court on
7th March, 2014 and all other relevant orders;
B] Constitution of the Committee headed by the Divisional
Commissioner, Nashik for monitoring implementation
of the orders of this Court;
C] Recommendations of NEERI report including the Action
Plan to tackle forthcoming Kumbh Mela .
7. The Committees constituted under the Government
Resolution dated 28th December, 2012 shall consider the aforesaid three
aspects and ensure that orders of this Court are not defeated. The
Committees shall ensure that the recommendations made by NEERI for
preventing and minimizing pollution during the Simhastha Kumbh Mela
shall be implemented.
8. To enable all authorities to implement Simhastha Kumbh
Mela, the other issue is regarding availability of necessary funds. There
is an affidavit filed by Shri Vilas Balaram Patil, the District Collector on
4th July, 2014. The affidavit provides that total funds required for
Simhastha Kumbh Mela 2015-16 are to the tune of Rs.237.78 Crores.
The maximum requirement out of the said funds is of the Nashik
Municipal Corporation which is to the tune of Rs.1052.61 Crores. The
Nashik Municipal Corporation has already issued the work orders for
the works to the tune of Rs.669.61 Crores. The issue is regarding
availability of funds.
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9. There is a detailed correspondence made by the the State
Government with the Government of India requesting the Government
of India for release of funds for the Kumbh Mela. There is a letter dated
15th May, 2014 addressed by the then Hon'ble Chief Minister of the
State to the Deputy Chairman of the Planning Commission of India
requesting for central assistance as the master plan was of Rs.2378.78
Crores. In all the letters addressed on behalf of the State Government,
it is pointed out that financial assistance to the tune of Rs.1100 Crores
was provided by the Government of India to the Government of Uttar
Pradesh for conducting Kumbh Mela at Allahabad in the year 2012-13.
It is pointed out that for the Kumbh Mela of 2003-04 at Nashik, the
Government of India had rendered assistance. A request has been made
repeatedly by the State Government to the Government of India to
provide "untied one time central assistance" to ensure timely
completion of activities required for safe, successful and smooth
organization of the Kumbh Mela events. We had adjourned this Petition
repeatedly to enable the learned Additional Solicitor General of India to
take instructions as a grievance made was that the Government of India
has not taken any decision for release of one time financial assistance
on the request made by the State Government. The learned ASG has
tendered a letter dated 19th November, 2014 addressed to him by the
Director of (PCMP) of the Planning Commission. The said letter records
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that though organizing Kumbh Mela is a State subject, in view of
importance of the event, the Government of India has been seized of
the matter and is actively considering the proposal of the State
Government. The letter records that urgency in the matter has also been
noted, as the event is to be organized by mid year of the next year. It is
stated that the Government of India remains committed to some
assistance to the State and the decision in that regard will be finalized
soon.
10. The Government of India will have to take appropriate
decision on the request made by the State Government for release of
one time assistance as expeditiously as possible preferably before the
end of January, 2015. Availability of adequate funds will be necessary
for implementation of the Action Plan of NEERI. We are informed that
usual practice is that the State spends the amount and one time
assistance is received by way of reimbursement. Therefore, the State
will have to ensure the availability of necessary funds notwithstanding
the pendency of the proposal befre the Central Government.
11. As regards the Kumbh Mela, we are conscious of the fact
that more than a Crore pilgrims may be visiting Nashik and
Trimbakeshwar at a given time. There is every possibility that such large
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gathering will adversely affect the efforts to control and curb the
pollution of the river Godavari. The Nashik Municipal Corporation and
all concerned authorities associated with Simhastha Kumbh Mela will
have to ensure that arrangements are made around river Godavari for
providing large receptacles at various places for the collection of
garbage. Arrangements will have to be made for lifting of garbage from
the receptacles at frequent intervals. Similarly, large number of
additional Kalash will have to be made available for collection of
organic material like Nirmalya. The Nashik Municipal Corporation will
have to erect banners, flexes and boards in different parts of the City
and near different entry points in the City requesting pilgrims and
visitors to take all steps to keep the Godavari clean. The boards shall
contain an appeal not to throw garbage and organic material in the
river. The boards will also record that efforts are being made to reduce
the pollution of river Godavari and to rejuvenate the same under the
orders of this Court. An appeal should be made to all concerned to co-
operate for keeping Godavari free of pollution. Such boards shall be in
Marathi as well as Hindi languages.
12. As regards recommendations of NEERI, we must hold that
the recommendations of NEERI will have to be implemented by all
concerned. However, one issue arises as regards implementation of
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recommendations of NEERI. Clause 6 of the third compliance report of
the Committee appointed by this Court notes an important action
taken/ submission on a particular recommendation of NEERI. The issue
is of taking an important step to restrict the inputs of pollution in river
stream upto Odha Barrage. The action suggested is that this Court
should issue a directive to the Water Resource Department of the State
Government to reinstate the condition on the seventh and eighth
Respondents to lift the treated effluent directly from the outlets of the
respective STPs located in the Nashik City. In fact, the same suggestion
has been made by the Superintending Engineer to the Chief Engineer of
the concerned Department in the letter dated 9 th October, 2014. The
said suggestion is to issue directions to the Nashik Municipal
Corporation not to release treated effluent into Godavari river by
directing the seventh Respondent to lift the water directly from STP
outlet. This step is required to be taken to avoid the pollution of the
river Godavari. On this aspect, seventh and eight Respondents will have
to be heard.
13. The learned counsel appearing for the Petitioner has
pointed out that notwithstanding the directions of this Court, on the
occasion of Dussehra, various vehicle owners and drivers took large
number of vehicles near the river and used the river water to wash the
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vehicles. He has relied upon the photographs to show that large
organic material and Nirmalya was lying on the bank of the river
Godavari. He has pointed out that in some areas, barricades have not
been erected and that is the reason why the vehicles are able to reach
near the river.
14. The learned counsel for the Petitioners pointed out that
provisions of Section 24 and Section 43 of the Water (Prevention and
Control of Pollution) Act, 1974 and urged that the Pollution Control
Board will have to play a proactive role as cognizance of the offences
under the said Act can be taken only on a complaint made by an
authorised officer of the Maharashtra Pollution Control Board. He
urged that a direction needs to be issued to the Pollution Control Board
to take stringent action. He submitted that the relevant penal
provisions under the Indian Penal Code as well as Bombay Police Act,
1951 are not sufficiently deterrent. He submitted that even the penal
provisions in the Maharashtra Prevention of Defacement of Properties
Act, 1995 are not stringent. He submitted that the State Government
will have to revisit the said enactments and provide for stringent
punishment/penalty.
15. Hence, we issue further interim directions as under :-
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(i) These further interim directions will be in continuation of
the earlier directions issued on 7th March, 2014 and all
other orders passed by this Court which are operative till
today;
(ii) We direct the seventh and eighth Respondents to file
affidavits dealing with the issue of lifting the treated
effluent directly from the outlets of the STPs located in
the Nashik City. The said Respondents are free to
incorporate various suggestions for preventing pollution
of river Godavari. Even the State Government shall file an
affidavit on this aspect. The affidavits shall be filed on or
before 9th January, 2015. The Petition shall be listed on
17th January, 2015 under the caption of "Directions" to
consider the affidavits;
(iii) We direct the State Government to forthwith bring to the
notice of the Apex Committee, the High Power Committee
and the District Level Committee constituted under the
Government Resolution dated 28th December, 2012, the
following aspects :-
A] The comprehensive interim order passed by
this Court on 7th March, 2014 and all other
relevant orders including this order;
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B] The existence of the Committee headed by the
Divisional Commissioner, Nashik for
monitoring implementation of the orders of
this Court;
C] Recommendations of NEERI in all the reports
including the Action Plan to tackle forthcoming
Kumbh Mela.
(iv) The Committees constituted under the Government
Resolution dated 28th December, 2012 shall consider the
aforesaid three aspects and ensure that orders of this
Court are not defeated;
(v) We direct that the recommendations of NEERI in all
reports including the final report as well as the Action
Plan to tackle forthcoming Kumbh Mela shall be
implemented by all the concerned save and except the
issue which will be considered on the next date;
(vi) We direct the Union of India to take appropriate decision
on the proposal submitted by the State Government for
release of one-time financial assistance for Simhastha
Kumbh Mela to be held at Nashik and Trimbakeshwar
during the year 2015-16 as expeditiously as possible and
preferably on or before 28th February, 2015;
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(vii) We accept the statements made in the affidavit dated 7th
November, 2014 filed by Shri Bhimrao Abhiman Shinde,
the Deputy Collector (Land Acquisition) No.2, Nashik as
regards the outer limit for completing the acquisition of
the lands for setting up STPs at Gangapur and
Pimpalgaon-Khamb. The State Government shall
endeavour to hand over the possession of both the lands
needed for both STPs to the Nashik Municipal
Corporation as expeditiously as possible and in any event
on or before 15th February, 2015. The Nashik Municipal
Corporation shall file an affidavit by the end of February,
2015 setting out the possible outer limit within which
construction of STPs will be completed and the same will
be made functional. The Committee appointed by this
Court shall monitor the construction and commissioning
of STPs at Gangapur and Pimpalgaon-Khamb;
(viii) The State Government shall consider of amending the
Bombay Police Act and Defacement Act providing for
stringent punishments/penalties for various violations;
(ix) The Committee appointed by this Court shall consider the
issue of erecting barricades for preventing entries of the
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vehicles near the Godavari river and shall issue
appropriate directions to the Nashik Municipal
Corporation;
(x) The Nashik Municipal Corporation shall ensure that
during the Simhastha Kumbh Mela arrangements are
made around the river Godavari for providing large
receptacles at various places for the collection of garbage.
Arrangements shall be made for lifting of garbage from
the receptacles at frequent intervals. Similarly, adequate
number of additional large size Kalash shall be made
available for collection of organic material like Nirmalya;
(xi) During Kumbh Mela, the Nashik Municipal Corporation
shall display banners, flexes and boards in different parts
of the City and near different entry points of the City
informing pilgrims and visitors that they are under an
obligation to take steps to keep the Godavari clean and
free of pollution for maintaining its sanctity . The boards
shall contain an appeal not to throw garbage and organic
material in the river. The boards will also record that
efforts are being made to reduce pollution of river
Godavari and to rejuvenate the same under the orders of
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this Court. An appeal shall be made to all concerned to
co-operate for keeping river Godavari free of pollution.
The Appeal shall incorporate that stringent action shall
be taken against those who violate laws. Such boards
shall be in Marathi as well as Hindi languages;
(xii) We direct the third Respondent to take prompt steps for
filing complaints under Section 49 of the Water
(Prevention and Control of Pollution) Act, 1974 for
violations of the provisions of the said Act in relation to
river Godavari. The action taken report in the form of an
affidavit shall be filed before the end of February 2015;
(xiii) The Committee constituted under the orders of this Court
shall set up a grievance redressal mechanism to enable
the citizens to bring to the notice of the Committee the
violations of law in relation to the river Godavari and the
breaches of the orders of this Court. However no citizen
will have right of hearing before the Committee and the
Committee is not expected to pass a reasoned order on
each complaint. The Committee shall take appropriate
steps within a period of one month. The details of the
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redressal mechanism shall be made available on the
website of the Nashik Municipal Corporation;
(xiv) We direct the Nashik Municipal Corporation to upload on
its website all the NEERI reports as well as copies of
relevant orders of this Court as well as Marathi
translation of the said orders.
(A.S. GADKARI, J ) (A.S. OKA, J )
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