Ganga Ji Report

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
*********
CIVIL MISC. WRIT PETITION NO. 4003 OF 2006
(Under Article 226 of the Constitution of India)
DISTRICT, ALLAHABAD
Harchetan Branhchari Ji Mahraj, Sri Paramnand Ashram, Teakar

Mafi,Amathi, District Sultanpur at Present Residing at Jhoosi, Post
Jhoosi, Dist. Allahabad ……………………………………………………………
…….Petitioner.
Versus
1. State of U. P. through Secretary,
Environment, Government of U. P.
Secretariat, Lucknow (U. P.)
2. The Commissioner, Allahabad Division, Allahabad.
3. The Collector, Allahabad, Dist. Allahabad.
4. The Mala Officer Incharge, Magh Mela, Allahabad.
5. State Board for Prevantation and control of water
Pollution through its Chairmen ……………………..

Respondents
To,
The Hon’ble The Chief Justice and his Lordship’s other companion Judges of
this Hon’ble Court.
The humble application of the applicant submits the report in the

matter of Ganga Pollution as under:-
The spiritual sanctity of the water of River Ganga, deeply

associated with the rituals and custom of Hindu philosophy,
regarding its great traditions; and simultaneously emergence
of the dead body or its ashes in holy water, some time
provokes me to have an introspection and at that moment, the
sound proposition in these verses reminds me of my Duty in
this manner:-
“I am unjust, but I can strive for justice,

My life’s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness”.
“We, the people” are still like cavemen, with our back
turn to light, watching the shadow of the wall. There is an
iron cage, not having any ventilation and people are living in
the state of suffocation, virtually on the verge of their
death point. There is a complete apathy of the custodian of
the power towards their welfare and in our country "We, the
people" who are regarded to be the sovereign of the nation,
are living a life full of abrogation and subjugation.
“All the members of the court are considered as wounded,

where justice is found wounded with inequity, and Government
do not extract the dart of inequity from justice or remove its
blot and destroy inequity, in other words where the innocent
are not respected and the criminal are not punished.”
“A virtuous and just person should never enter a court and

when he does so, he should speak the truth; he who holds his
tongue on seeing injustice done, or speaks contrary to truth
and justice, is the greatest sinner.”
“Justice destroyed destroys its destroyer; and justice
preserved, preserves its preserver. Hence, never destroy
justice, lest being destroyed, it should destroy thee.”
“In this world justice or righteousness alone is man’s
friend that goes with him after death. All other things or
companions part on the destruction of the body and he is
detached from all company. But the company of justice is never
cut off.”
“When injustice is done in the government out of
partiality, it is divided into four parts of which one is
shared by the criminal or doer of injustice, the second by the
witness, the third by the court, and the fourth by the
president king of an unjust Government.”
EXTINCTION OF ENTIRE GLACIER LEADING TO ENVIRONMENTAL CRISES
1. That the Gaumukh Glacier situated at about 119 km from District Head
Quarter of Uttar-kashi at the State of Uttranchal. There is the extinction of
the ice due to transmission of the energy on account of providing
nourishment to the tourist. According to an estimate, this glacier was
running behind at the rate of 18 meter per year upto year at 1990. Now as
per the report submitted by the Gobind Bhallabh Pant, Himalayan and
Environmental Development Institute, Koshi, Almorha, the gravity of
extinction of this glacier is now assessed at the rate of 30 meters per year
and thus there is possibility at the extinction of entire glacier leading to
environmental crises of scarcity of water to entire natives through Ganga
river upto the year of 2050. Thus there has been the demand for
preservation of Gangotri Glacier. That water from the Ganga has the
recursive property that any inherits its healing and other holy properties.
2. That the Bhagirathi and Alakhnanda Rivers intermingles together at Deo-
prayag. The extent of Ganga origin is spread from Bundhar-punch to Nanda
Devi; from east flow the Vishnu Ganga toward Badrinath, while Dhouli-
Ganga comes from Drowna-giri. They mingle together at Vishnu Prayag. The
Rishi-Ganga emerges from Nanda Devi and meets Ddouli- Ganga and the
combine stream are meet at Nand Prayag. From Trishul peek emerges
Pinder-ganga, which join it’s at Karan-Prayag, while Mandakini emerges
from Kedar Nath and merges with Alakhnanda at Rudra Prayag. Thus at
Deo-prayag before meeting at two rivers namely Bhagirathi and Alakhnanda,
there has been merging of different rivers in Alakhnandda and ultimately the
pious water of Ganga vanishes in Gangotri plans, which is known as Mother
Ganga. For about 840 million of Hindus,just to take a dip inside the water of
Mother Ganga is considered to be purified on their sins. River Bhagirathi and
Bhilangana rise from the glaciers in the Himalayas, which is now the part of
the state of Uttranchal.
3. That the peculiarities of Allahabad, where Ganga appears as through

diamond and sapphire, a flock of white swan, a bunch of garland of white
lotus and the cloud of Autumn, is no more seen by 870 million pilgrimage
reaching at Allahabad just to take a dip at Sangam during Kumbh festival.
During Mauni Amavasaya, it is believed to be the day of celestial blesses and
auspicious bathing day, as the sun enter in the Capricorn zone in month of
Magh. According to Rig–veda, those who bathed at Sangam, attained
salvation after death. Thus it is the sacred duty of the citizen to remain the
holy water of Ganga intact, as the same is received through proper supply
and distribution from Ganga cannel at Narora.
4. That from Gangotri Glacier onward, Bhagirathi emerges, which is now

connected with Bhilangna river at Tehri Dam. There has been sustainable
development and simultaneously the demand for an environment protection
at Teheri Dam project. Since the Right to live a decent life and Right to
health falls under Article 21, the environmental clearance may be the
subject matter of judicial review of the decision making process of an
Administrative action. The protest of ecologist not to be seen as
obstructionist and antic process, but it is being respected, as that of thought
provocation.
5. That it is a story of how downstream towns suffer due to activities upstream.

The Ganga drains eight States Himachal Pradesh, Punjab, Haryana, Uttar
Pradesh, Rajasthan, Madhya Pradesh, Bihar, West Bengal and the union
Territory of Delhi. There are distilleries, paper, sugar mills and chemical
units in Meerut, Rampur, Gajraula Industrial Estate, Moradabad,
Bulandsahar and other towns of Western Uttar Pradesh and Uttaranchal
which discharge their highly contaminated, multi-coloured waste into the
Ram Ganga and Kali rivers, the tributaries of Ganga which meet it in the
upstream of Kanpur. The industrial effluents generated by upstream towns
aggravate Kanpur’s drinking water problem. In Kanpur, 1350-odd leather-
making units add to the pollution of the holy river. Resultantly, further
down, Allahabad gets more toxic water.
6. That the various aspects relating to the conditional clearance have been
dealt with in the catchments area. It impact upon flora and fauna relating to
water quality maintenance and its impact upon human health has been
dealt with in cease of N.D. Juyal versus Union of India in respect of Tehri
Dam case reported in (2004)9 Sec 362.
7. That the significance of Ganga is being recognized all over the world. As a
result, our Government has received a huge financial support from World
Bank. Late Prime Minister Mr. Rajeev Gandhi had initiated an ambitious
programmed under the Ganga Action Plan, to restore the purity and pious
status of Ganga water.
MYSTICAL AND SPIRITUAL UNDERTAKING IS GENEROUS IN HINDUS, WHILE

TAKING A DIP INSIDE MOTHER GANGA
8. That in this manner, the mystical and spiritual undertaking is generous in

Hindus, while taking a dip inside Mother Ganga. There is nothing in nature,
which could be more nearer to the divine virtue, to which the most
determinable pilgrimages penetrate from different part of the world during
Holy festival of Kumbh at Allahabad.
9. That the Pollution control in India in the modern age is frequently seen as
an imposition against Hinduism. Germ theory, fecal matter counts, the
notion of ecological disaster, all these ideas are patently western. The first
attempts by the British to bring sewage systems to India in the late 19 th
century were admittedly executed with the intention of ushering in scientific
rationalism for the betterment of native life and their "savage conditions"
Ever since then sanitation programs have been divorced from the majority
body, importing European and American specialists to diagnose and address
the problem without educating or organizing the public to stand with these
programs. In the eyes of many the Indian government has turned to secular
solutions to what they perceive to be religious deficiency, the inability to
recognize waste and deal with it in the context of the all-purifying Ganga. As
a result opposition among the laity has fomented.
10. That through all of the activity of the last fifteen years surrounding
government policy and the Ganga the public has remained divorced from the
proceedings. Individuals, while excluded from a democratic process, or an
educational scheme, have been scapegoated by various programs. In 1987
the Environment Minister created a police force in Varanasi to prohibit
defecation along the banks of the river, the spreading of debris and garbage,
the dumping of animal carcasses in the river, and blocking the flow of river.
In this way the local authorities were pitted against those who ideally would
be integrated into these programs. This antipathy persists today. Only a year
ago outraged residents cornered a city water engineer and forced him to
stand for several hours in a pool of sewage to impress upon him the exigency
of the situation.
11. That "With a clear understanding that their strategies would be

contentious among residents and government officials, the Clean Ganga
Campaign directors aimed to educate Varanasi residents about the problems
of river pollution in the idiom of sacred purity. They framed their instruction
by emphasizing a concern for Ganga's eternal power and purity. But when
proposing remedies for cleaning Ganga, they turned to secular solutions. For
example, when initially developing programs to convey problems of sewage
drainage and public waste to the public, the directors sought assistance
from American colleagues who eventually established the "Friends of the
Ganges" in the USA." .
12. That science and religion have to mesh, if the Ganges is to be saved. The
Western approach, based on fear of a possible ecological disaster, will not
work, he said. if you go to people who have a living relationship with Ganga
and you say, Ganga is polluted, the water is dirty, they will say Stop saying
that. Ganga is not polluted. You are abusing the river. But if you say Ganga
is our mother. Come and see what is being thrown on the body of your
mother of sewage and filth. Should we tolerate sewage being smeared on the
body of our mother and you will get a very different reaction, and you can
harness that energy."
13. That this energy, the product of acknowledging Ganga as both Goddess and
long-standing waste-removal system, is the last opportunity for effecting
change on the river. India ís rapid growth rate indicates that it will soon be
the most populous country in the world. Efforts to clean up the Ganga could,
if successful, serve as a model of cultural and religious preservation as India
strains under the weight of rapid development. Ganga Ma will continue to
purify all. In return, hope many residents of Hardwar, Rishikesh, Allabad,
and Varinasi, she can be accorded the dignity and respect due a living
goddess. Surely a goddess that serves Indians without rest can expect such
reciprocity.
14. That the Ganga basin is home to over 300 million people, out of which 20
million live in densely populated cities directly along it banks. Most of the
urban Centers lack proper sewage treatment facilities. 88% of the pollution
originates in 27 cities located along the banks. While industrial pollution
accounts for only about a quarter of the whole problem, it is by no means
insignificant since most of it is concentrated in specific areas and the
effluents are more hazardous. The state of Uttar Pradesh alone is responsible
for over 50% of the pollutants entering the river along its entire journey to
the sea.
15. That Domestic and industrial pollution, combined with deforestation, use of
pesticides and fertilisers and other factors, have rendered the water of Ganga
unfit for drinking or bathing.
16. That Upstream from Varanasi, one of the major pigrimage sites along the
river, the water is comparatively pure, having a low Bio-Oxygen Demand
(B.O.D.) and Fecal Coliform Count. However, once the river enters the city
these levels rise alarmingly. Measurements taken at the city's various
bathing ghats during a few years ago show that the average B.O.D of the
water rises by over 1300 percent. The average Fecal Coliform Count at the
ghats is over 6000 times what it is before the river enters the city.
17. The Ganga Action Plan launched in 1986 by the Government of India has
not achieved any success despite expenditure of over five billion Rupees.
Even though the government claims that the schemes under the Ganga Action
Plan have been successful, actual measurements and scientific data tell a
different story. The accountability of the officers indulged in misappropriation
such a huge amount is needed by the Law Enforceable Agencies under the
direction of the Hon’ble court. The failure of the GAP is evident, but
corrective action is lacking.
18. That slogan does not solve the problem; rather make them further
complicated in reaching out the possible measurement for solution. Firstly
we have to look into the water born decease and its prevention. These
deceases are commonly known as viral hepatitis, polio, cholera,
gastroenteritis etc. spread from the virus. These viruses have created the
health Hazard to the people consuming water of river Ganga. The break
point chlorination cereals are havoc to the living creature of water and perish
them forever.
SCARCITY OF ELECTRIC SUPPLY IN THE POLLUTIONS PLANTS SET UP UNDER

THE SCHEME OF CENTRAL GOVERNMENT ACTION PLAN
19. That the process of filtration of water was adopted, but due to the scarcity of
electric supply in the pollutions plants set up under the scheme of central
Government Action Plan, nothing could have been achieved after making the
investment of money in these project.
20. That Allahabad on account of its peculiarity of having such a mass

configuration of pilgrimage during Kumbh festival is to be considered most
sacred festival center of India. How ever, there has been fast depletes of
purity of water due to addition of untreated waste water, which may not
determine its significant to larger extent.
CONTRAVENTION TO THE PROVISION OF THE WATER (PREVENTION OF

CONTROL OF POLLUTION) ACT 1974
21. That Ganga water has an unique, physico/chemical characteristic, which in

suitable for the proliferation on of a bacteria needed to complete the
reproductive cycle of the Bacteriophages present in its water. No river evokes
such feeling in the human mind as the Ganga does. The very name “Ganga”
conjures of picture of a holiness’ of peace and joy’ of beauty land sweetness
of all that is uplifting in the mind in the mind of Hindu. It is a meeting point
for both the rich and poor, who believe that it a divine route to heaven.
22. To achieve this environmental goal will demand the acceptance of

responsibility by citizen and communities and by enterprises and
institutions at every level, all sharing equitably in common efforts.
Individuals in all walks of life as well as organizations in many fields, by
their values and the sum of their actions, will shape the world environment
of the future. Local and National Governments will bear the greatest burden
for large-scale environmental policy and action within their jurisdictions.
International co-operation also needed in order to raise resources to support
the developing countries carrying out their responsibilities in this field. A
growing class of environmental problems, because they are regional or global
in extent or because they affect the common international realm, will require
extensive co-operation among nations and action by international
organization in the common interest. The Conference calls upon the
governments and peoples to exert common efforts for the preservation and
improvement of the human environment, for the benefit of all the people and
for their posterity.
23. The Ganges collects large amounts of human Pollution as it flows through
highly populous areas. These populous areas, and other people down
stream, are then exposed to these potentially hazardous accumulations.
While proposals have been made for remediating this condition so far no
great progress has been achieved. The Ganga remains an economically
important waterway and polluting it remains economically advantageous
INDUSTRIALS SETUP ARE POLLUTING OUR HOLY WATER AT RIVER GANGA
24. That in Uttar Pradesh alone, there has been about 86 industrials setup,
which are polluting our holy water at river Ganga. Out of these Industrial
setup, about 66 industries are in itself located at Kanpur.
25. A beeline of gastro enteritis patients at Kanpur hospitals and the growing
ire of the saints at Allahabad made the authorities concerned take stock of
the state of affairs. Taking strong note of the situation, the Central Pollution
Control Board (CPCB) took samples of the Ganga water at various locations.
It was found that the oxygen level in Ram Ganga at Farrukhabad was 0.4
milligram per liters due to which shoals of fish were dying. The CPCB has
pointed out that Ram Ganga and Kali are polluted owing to the untreated
industrial waste discharged by paper factories, distilleries and other
chemical units which have turned the river water black and yellow.
Similarly, the Mayor of Kanpur alleges that most upstream districts have
closed their treatment plants and so the impact can be seen in the city’s
drinking water. Interestingly, the CPCB officials saw deep yellow water in
Ram Ganga river in Haldwani District of Uttranchal. However, instead of
taking any action against the erring units, the Uttaranchal authorities have
washed their hands off the problem.
26. The Uttar Pradesh (UP) government has directed the district magistrates of
Farrukhabad, Meerut and Moradabad to initiate action against the sugar
mills and distilleries. Already, the cash-starved Kanpur Jal Sansthan (Water
Works) is spending Rs 50,000 extra everyday in purification of highly
polluted raw water from Ganga. Jal Sansthan authorities opine that the
effluents released in the upstream would impact the raw water source of
Kanpur for many days. Even if the pollutants released upstream are tapped
today, it would take at least five days before Kanpur’s tryst with
contaminated water ends.
27. The balance between environmental protection and the development

activities could only be maintained by strictly following the principle of
“Sustainable development”. The development strategy catered the needs
without negotiating the ability of up coming generations while “sustainable
development” ensures the protection of environment as a guarantee to the
bequeath to the future. Thus, right to clean environment is a guaranteed
fundamental rights and it may be declared as a component of article 21 of
the constitution of India ( M.C. Mehta versus Union of India – 2001(3)SCC-
756).
28. That according to an estimate, there has been the conversion of river Ganga
to more sewage drainage in an area of 12.5km lying within Kanpur District,
where the colour of water seen at Vaithur Ghat upto Jaimai Ghat converts
from white to greenish black. During this period, there has been the
pollution to the extent of mixing of chromosome 2.02 mg in every litter at
Ganga water, which has proven to spread cancer. The Nickel and lead metals
makes the Ganga river water more poisonous. In the samples taken from
Kanpur District, there has been 36% of streptococcal betrays, which has
entrance to 90% during summer period. Let us began with the eradication of
problem attitude, instead of highlighting the gravity of the situation, which
has been worse then alone, on account of situation of leather manufacturing
industries and other units functioning without providing pollution control
measurement at Kanpur.
29. That the tanneries at Jajmau in Kanpur have themselves formed as

association called Jajmau Tanners Pollution Control Association with the
objects among others :
To establish, equip and maintain laboratories, workshops, institutes,

organization and factories for conducting and carrying on experiments
and to provide funds for the main objects of the Company.
To procure and import wherever necessary the chemicals etc. for the
purpose of pollution control in tanning industries.
To set up and maintain common effluent treatment plant for member

tanners in and around Jajmau.
To make periodical charge on members for the effluent treatment based

on the benefit he/it derives from time to time to meet the common
expenses for maintenance, replacement incurred towards effluent
treatment.
30. That the primary treatment units principally comprise of coarse screens, two
numbers of setting tanks and sludge drying beds. The setting tank, each of
about 1-2 days capacity acts as an equalization-cum-setting tank as well. As
an alternative, clarifier can be provided in place of setting tank for treating
higher capacity effluents. Depending on the quality of composite effluent,
addition of neutralizing chemicals like lime, alum, ferric chloride etc. would
be required for effective precipitation of chromium and removal of suspended
solids in the sedimentation process. The sludge from the setting tanks and
clarifier is removed and dried on sludge drying beds made up of filtering
media, gravel, sand and supporting masonry structure. For operational
reasons, sludge drying beds are divided into four or more compartments. The
dried sludge from the sludge drying beds can be used as manure or for
landfill if it is vegetable tannery waste. In case of chrome tannery waste, the
dried sludge should be buried or disposed of suitably as per the directions of
regulatory agencies and local bodies.
31. That the pre-treated effluent units are explained in the said monograph.
The major polluting industries on the Ganges River are the leather
industries, especially near Kanpur, which use large amounts of chromium
and other chemicles, and much of it finds its way into the meager flow of the
Ganga. Unfortunately, this is a boom time for leather processing in India,
which many view as a form of eco-environmental dumping on the third
world, and with the lax and lubricable implementation systems of the State
government, it does not seem likely that this will go down. The world bank
report 1992, which focussed on the environmental issues, mentions the
dissolved-oxygen and riverborne decomposing material at two points on the
Ganga. However, industry is not the only source of pollution. Sheer volume
of waste — estimated at nearly 1 billion litres per day - of mostly untreated
raw sewage — is a significant factor. Also, inadequate cremation procedures
contributes to a large number of partially burnt or unburnt corpses floating
down the Ganga, in addition to corpses.
32. That the Ganga Action Plan has been set up under the Indian Government
bureaucracy, and is attempting to build a number of waste treatment
facilities, under foreign support, and to collaborate with a number of
voluntary organizations. Surprisingly, the political parties in India are not
very active in the efforts to clean up the Ganga, and it is not very high in the
general religious agenda.
33. That in the case of Jajmau, Kanpur, the committee visited few tanneries
where the effort has been made to have primary treatment of the effluent
before it is discharged to the common drain/the river Ganga. There are 60
tanneries in Jajmau which will be covered under joint effluent disposal. The
total production is to the tune of 12,000 hides with a total discharge of 5
million litres per day in the year of 1987 . The State Government has taken
appropriate steps in preparation of the feasibility report under the guidance
of U. P. Pollution Control Board. This proposal was also supported by
Central Pollution Control Board, Delhi by sharing the total fee of Rs. 80,000
to be paid to the Public Health Engineering Consultancy, Bombay which has
prepared the report with the help of IIt, Bombay. The report suggests that
each tannery should make arrangement for the primary treatment of their
effluent and then it will be discharged into common treatment plant.
M. C. Mehta Vs. union of India (1987) 4 Supreme Court Cases 463 (Kanpur
Tanneries Closer Cases)
34. That it is unfortunate that a number of tanneries at Jajmau even though

they are aware of these proceedings have not cared even to enter appearance
in this Court to express their willingness to take appropriate steps to
establish the pre-treatment plants. So far as they are concerned an order
directing them to stop working their tanneries should be passed. We
accordingly direct M/s Delight Tannery (respondent 14), M/s Hindustan
Tannery (respondent 15), M/s Primer Allarmin Tannery (respondent 33), M/s
Mahaboob Tannery (respondent 37), M/s Popular Tannery (respondent 38),
M/s Standard Tannery (respondent 39), M/s Vikash Tannery (respondent
40), M/s New Golden Tannery (respondent 41), M/s D. D. Tannery
(respondent 42), M/s Himalaya Tannery (respondent 44), M/s Commercial
Industry Tannery (respondent 45), M/s Madina Tannery (respondent 46),
M/s Kanpur Tannery (respondent 48), M/s New Jab Tannery (respondent
49), M/s Famous Tannery (respondent 50), M/s Glaxy Tannery (respondent
53), M/s Bengal Tannery (respondent 56), M/s Chhangal Tannery
(respondent 59), M/s Nadari Tannery (respondent 63), M/s Jajmau Tanners
(respondent 65), M/s International Tanning Industry (respondent 66), M/s
Poorwanchal Tanning Industry (respondent 70), M/s Navratan Tanning
(respondent 71), M/s Haroou Tannery (respondent 73), M/s Himalaya
Tanners (respondent 76), M/s R. A. Traders (respondent 79), M/s Alam
Tannery (respondent 83), M/s G. T. Tannery (respondent 84), M/s Awadh
Tannery (respondent 86) to stoop the running of their tanneries and also not
to let out trade effluents from their tanneries either directly or indirectly into
the river Ganga without subjecting the trade effluents to a pre-treatment
process by setting up primary treatment plants as approved by the State
Board (respondent 8) with effect from October 1, 1987. M/s Indian Tanning
Industry (respondent 30), the U. P. Tannery (respondent 19), M/s Zaz
Tannery (respondent 28), M/s Super Tannery India Ltd. (respondent 21),
M/s Shewan Tannery (respondent 20), M/s Pioneer Tannery (respondent 23)
and M/s M. K. J. Corporation (respondent 89) who have already put up the
primary treatment plants may continue to carry on production in their
factories subject to the condition that they should continue to keep the
primary treatment plants established by them in sound working order.
The report shows pathetic condition prevailing at Kanpur.

After perusing the report, we find that Burihaghat at Jajmau is one of the
worst affected areas, where the river Ganga is being polluted. The report
further shows that in Burihaghat at jajmau, there are two glue factories with
huge boilers, flesh and leather-remains as ingredients and goat and other
animals tails serving as fuel in the open, right at the ghat, which portrays
the pathetic state of Ganga. Entied ghat is strewn with leather remains,
boiled and crushed up products of the glue factories, mounds and animals'
carcasses, tannery effluents spread all over the ghat near Ganga. The report
further mentions that a couple of tanneries discharge their waste products
directly at the ghat, which is ultimately washed off into Ganga.
An Extract of Public Accounts Committee Report Submitted in Lok Sabha
35. That the report discloses that- “…………………..The Committee express gave
apprehension that with 3543 tannery units in Kanpur, there is danger of the
wastewater in the city having alarming levels of heavy metals like Chromium. Out
of these as per the latest information given by Uttar Pradesh government, while
the 210 chorme tanning tanneries are required to install chromium recovery
plants to save them form closure, only 57 tanneries had installed such plants and
in 12 tanneries, the Chromium recovery plants were since under construction.
The Committee took serious view of the fact that though 93 tanneries wee ordered
to be closed by the UPPCB but none had been closed so far ………..The
Committee, however, have taken a serious view for the Ministry of Environment &
Forests inapt handling of Naini STP issue which had not only cost Rs. 1.20 extra
but also resulted in time overrun of five years though one of the reason was that
the contractors, M/s Driplex, New Delhi could not complete the work as per
agreement. The Committee take a strong view of the fact that Ministry of
Environment & Forests’ policies have not been strong and convincing enough to
ensure timely completion of scheme…………During their study visit, as an
unpleasant experience, the Committee caught sight of many non-cremated dead
freely in the river waters giving a distasteful spectacle to the visitors coming from
far and vide…………….Taking note of inadequate monitoring of GAP works in
almost every place, he Committee desire that at the State level Governments
should find out the snags that have been hampering constitution and effective
functioning of Citizen Monitoring Committee (CMCs) for each town, as per the
direction of the NRCD issued in March, 1995 which could monitor the execution
and timely completion of the scheme and also generated public awareness and
participation………….”
36. That the Senior Superintendent of Police, Kanpur Nagar may be directed
to ensure that none of the activities mentioned above are permitted to be
carried out in Burihaghat in Jajmau, which are being carried-out
illegally. The Pollution Control Board should have stopped the above
activities of pollution but they have not cared to stop the same.
37. That the water intake point at Bhairoghat pumping station has two huge
drains, which receive domestic sewage through five drains, namely,
Jageshwar, Jeevara, Kheora, Nawabganj and Ranighat. It further mentions
that the polluted contents of a Tuberculosis Hospital are also being
discharged some 100 meters before the intake point. Since this is the
source of water supply to the entire city of Kanpur, this has to be
immediately stopped. The state do not have any specific proposal, as to
how this nuisance, which is injurious to health and hazardous to human
being may be stopped. As we feel that the Tuberculosis germs are being
supplied to the people of Kanpur, it is the duty cast upon Jal Sansthan,
Kanpur Nagar, to clean the water before making it potable.
38. That the State Government may be directed to set up an experts

committee immediately for this task and let the Court know as to in what
manner they are going to tackle this problem and making the water supply
to the people of Kanpur pollution free.
39. The State of U.P. is required to give its immediate attention to this problem
also. Immediate measures should be adopted to lay independent feeder
lines to these installations, ensuring 24 hours electricity supply for which
the government should release the necessary funds forthwith. This Court
has already put a nominee of the Chief Engineer in the Committee, who
was also a member of the Committee. He also visited the aforesaid places
and found that the installations were not working due to non-supply of the
electricity. Secondly, the State Government shall also appraise itself to this
problem forthwith and would also let this Court know within ten days what
action has been taken by it to solve this problem.
40. That the Millions of our people bathe in the Ganga, drink its water under
an abiding faith and belief to purify themselves and to achieve moksha,
release from the cycle of birth and death. It is tragic that the Ganga, which
has since time immemorial, purified the people is being polluted by man in
numerous ways, by dumping of garbage, throwing carcass of dead animals
and discharge of effluents. Scientific investigations and survey reports
have shown that the Ganga, which serves one-third of India’s population,
is polluted by the discharge of municipal sewage and the industrial
effluents in the river. The pollution of the river Ganga is affecting the life,
health and ecology of the Indo-Gangetic Plain. The government as well as
Parliament both have taken a number of steps to control the water
pollution, but nothing substantial has been achieved. I need not refer to
those steps as my learned brother has referred to them in detail. No law or
authority can succeed in removing the pollution unless the people co-
operate. To my mind, it is the sacred duty of all those who reside or carry
on business around the river Ganga to ensure the purity of Ganga.
Tanneries at Jajmau area Kanpur have been polluting the Ganga in a big
way. This Court issued notices to them but in spite of notice many
industrialists have not bothered either to respond to the notice or to take
elementary steps for the treatment of industrial effluent before discharging
the same into the river. We are therefore issuing the directions for the
closure of those tanneries which have failed to take minimum steps
required for the primary treatment of industrial effluent. We are conscious
that closure of tanneries may bring unemployment, loss of revenue, but life
health and ecology have greater importance to the people.
That do we have specific kind of Sewage treatment plants that can
treat the City sewage mixed with the toxic Industrials effluents?
That do we have proper arrangement to collect sewage from all branch

sewer system of urban and suburban area?
That do we have provision to establish community Treatment Plants

in the densely populated urban areas to treat different kinds of
industrial effluents?
That do we have Sustainable Environmental Management Plant for

long-term growth of the Cities?
That do we have Environmentalists in our policy planning committee

who are aware with the dynamics of river
Ganga Ecosystem?
41. That the present quality of Ganga water at Allahabad is demonstrated as

health hazard and unhygienic with regards of various parameters.
42. MAIN SOURCES OF POLLUTION: The dirty water of our villages, towns
and cities. We throw garbage by the side of the river and some time inside
the river. Chemical and polluted water coming through the factories. The
remains of the harmful insecticides and pesticides coming through the fields.
Dead animals and without burnt human bodies or half-burnt thrown in the
river. Discharge of urine by the side of the river. The people taking bath and
performing ritual in the river.
43. MEASURING THE PURITY LEVEL: To measure the purity level of the river,
there are different ways. Among them, three are the main methods. Pure
Oxygen (DO)(as mush as oxygen is available in water, that much is the
purity level of the water. Demand of Organic Chemistry oxygen (BOD); (As
mush BOD is available in water, there will be a low level of purity) and the
presence of coliform in water signifies germs of coliform waste and these help
in increasing the internal diseases of the internal organs of the human body.
By these germs and diseases like diarrhea, jaundice, typhoid etc are caused
in the human body system. The very river which was a life saver, today,
because of pollution it is nor only becoming dangerous for human beings but
also for aquatic animals.
44. That an analysis of monthly variation in the physicochemical characters of

the water showed that nearly all the parameters exhibited considerable
elasticity. A perusal of above facts show that discharge of civic and industrial
pollutants in river water brought an appreciable change in their
physicochemical character specially in carbonates, bicarbonates, BOD, COD,
DO etc. Upper permissible limit of pollutants in rivers wave are
recommended by WHO and Indian Standard Institute(ISI, 1963) showed that
our degrading due to the discharge of high amount of pollutants through
civic and industrial effluents.
45. That based on the above study, it may be concluded that although the water
Ganga and Yamuna are not suitable for any activities other than irrigation, a
time may come soon when the same will also not be suitable even for
irrigation, if we continue to ignore the problems.
46. That so the programmed was provision of adequate sewerage, sewage
treatment and ultimate disposal facilities should be taken on priority.
47. That a comprehensive survey has revealed that the Ganga despite its extra
ordinary resilience and self-purifying capacity is several places. Recognizing
the magnitude of this problem, and realizing the importance of water quality
as a coordinal element of management.
48. That the Industrial and drinking water requirement will also increase
tremendously with the increasing pace of industrialization and population
growth. Further to maintain an ecological balance and to cut down the
pollution, a minimum flow of water in the river will have to be maintained
throughout the year. Keeping in view the above future requirements, it is
apprehended that as we enter the Twenty first Century, we may
simultaneously enter an era of acute shortage of water. To cope up with this
grave challenge, apart from better water management techniques, further
harnessing of existing water recourses is imperative.
49. That a number of Multi-purpose Schemes, under different stages of

investigation, Planning and Construction are located in the hills to tap the
water potential. In Uttar Pradesh, the majority of rainfall occurs during the
four Monsoon months. During this season major portion of surface run-off
remains untapped and consequently goes Waste into Sea, through the
mighty river Ganga. Apart from this, river Ganga causes flood havoc to vast
tracts of plains during the Monsoon, where as during the lean season its
discharge in plains is less that is results in scarcity of water at several
places. It is observed that by the start of next Century all the possible
schemes to tap the water potential in the hills will be completed or will be
under construction nearing completion.
50. That in order to retard the increasing scarcity of water it is essential to tap
and conserve it to the maximum by conventional and non-conventional
means. Water can be harnessed in the plains by constructing a series of
barrages along river Ganga. Tributaries of river Ganga namely-Ram-Ganga,
Yamuna, Tons, Gomati and Ghaghara have wide range of catchment spread
over hilly and plain regions. Several storage reservoirs have been constructed
in past on these on these hills but still much scope is left for harnessing
water potential of these tributaries in plains, by way of constructing series of
barrages and small dams. The purpose of these barrages would be to store
water along the flood plains of river Ganga during the monsoons so that this
storage can be utilized for use during the non-monsoon period of the Year.
The other aspect of these barrage would be in routing floods in river Ganga.
Inter-basin transfer of water can be develop further with help of these
barrages.
51. That the large surface area of reservoirs in plains will greatly affect the
evaporation losses. It is observed that a substantial part of stored water
would be subjected to loss due to evaporation. The evaporation losses as
calculated by the pan evaporation method are maximum, when the total
water availability is minimum and hence the need to control these losses is
imperative. After a detailed study of factors affecting evaporation losses,
suitable method to control them can be adopted. Chemical method in these
particular cases would by of more practical and effective. It is anticipated
that about 25% of saving in evaporation can be achieved by adopting the
above method.
52. That some sites on river Ganga are identified by study of survey of India.
Data regarding bed levels, slope of river, bank levels and relative height of
banks and general topography of site are gathered from the detailed given on
these maps. Though much detailed survey and sub surface explorations
would be required to reveal the suitability of a particular site but as an
initial approach for preliminary study the details regarding, pond Level,
Storage Capacity, Submergence area etc. have been worked out with
available data as below.
53. That the pond level of proposed barrage is fixed, ensuring that the reservoir
boundary remains in the belly of the blood plains of the river. The reservoir
boundary is approximately marked on the map. The surface area and
storage capacity of reservoir is then worked out by dividing reservoir area
into several sections.
compulsion to declare River Ganga as Reserve / Protected forest

Area in view of the decision of the Hon’ble Supreme Court
54. That there is the need and compulsion to declare river Ganga as reserve /
protected forest in view of the decision of the Hon’ble Supreme Court and
also in view of fact that the definition of forest under forest (conservation)
Act, 1980 and the Wild Life Protection Act, which provides for the protection
the forest area and the wild life animals which are at the stage of extinction
in our nation.
55. A point has been reached in history when we must shape out actions
throughout the world with a more prudent care for their environmental
consequences. Through ignorance or indifference we can do massive and
irreversible harm to the earthly environment on which our life and well being
depend. Conversely, through fuller knowledge and wiser action, we can
achieve for ourselves and our posterity a better life in an environment more
in keeping with human needs and hopes.
56. There are broad vistas for the enhancement of environmental quality
and the creation of a good life. What is needed is an enthusiastic but clam
state of mind and intense but orderly work. For the purpose of attaining
freedom in the world of nature, man mist use knowledge of build in
collaboration with nature a better environment. To defend and improve the
human environment for present and future generation has become an
imperative goal for mankind – a goal to be pursued together with, and in
harmony with, the established and fundamental goals of peace and o We are
also requesting the court to declare 200 metre of area on both sides of the
banks as a No Development Zone and the same be transferred to the forest
department for afforestation and the involvement of the affected
communities for carrying out the afforestation. In fact. We are proposing that
in the entire Ganga cleaning programme, wherever manual labour is
required, the affected communities and displaced people should be accorded
priority in providing employment.
57. That the Dolphin gangetica is a dark coloured animals measuring about 1.5
meter long. Its body us broad with a long tail and blunt snout. They have
two protruding, function less eyes which do not have nectating membrane.
They are a vivperous and thus give birth to the young and feel them through
their nipples of mammary gland. As they can not see through their eyes.
Therefore have developed a entirely different method for locating the thinks.
They produce ultrasonic voice from their snout and after receiving its echo
they detect their pray and path. Dolphin generally eat small fishes as their
food but also like to each some aquatic weeds and algae. Thus they are
omnivorous in their food habits.
58. That the Excessive poaching of these innocent aquatic animals by fishermen
for the want of their flesh and oil has created threat to their existence and
they are now at the brink of extinction, particularly at Allahabad. Whereas
about 20 year back they were found in abundance in between Sangam and
Sirsa Ghat. This water course, where the river Tones joins the Ganga provide
an ideal breeding ground for these animals. Disappearance of Dolphin from
the Ganga river is a biological indicator of pollution as well as it also suggest
that out population particularly of the fishermen’s community is exceeding
the carry capacity of the river.
59. That no more virgin land of Ganga (Flood plain/ River bed) should be
colonised for further urban sprawl or industrial use. We also want the court
to issue the direction to the Govt. to form a Ganga Vahini (Task Force)
involving those communities which are directly related with Ganga and are
dependent on Ganga for their livelihood.
60. That the Ganga Action Plan, Allahabad and Varanasi Units to submit their
reports regarding untapped drains, which are mentioned in the report and
explain how it has happened that despite the first phase been completeed,
some of the work shown completed during the first phase are still not giving
positive results effectively or have failed miserably. They should also explain
as to what measures are being taken for tapping the waste water at these
two places. Apart from this, they shall also indicate what remedial measures
they are going to adopt to set right the failures of the first phase of action
plan of river Ganga.
61. That Ganga Action Plan has not been implemented in its entirety.
Meanwhile, we also direct the Senior Superintendent of Police, Kanpur
Nagar, to immediately set up a River Police Force for patrolling the river to
ensure that no unclaimed dead body is thrown in the river nor any illegal
activity is carried out along the course of river in Kanpur.
62. That the GAP should be implemented by involving the bodies who should
be authorised to construct, maintain and operate the treatment plants and
undertake the river conservation work at their own level with the help of the
government and they are just and with the guidance of local NGOs and
professional experts. There should be total transparency maintained
regarding the action which is to be taken and there should be an effort to
create atmosphere to educate the people, to keep the river pollution free.
The fresh cadre of river police be created in the state by the government of
UP... hence the NRCD which is only made responsible to conserve the rivers
may be asked to fund this project in UP.
River Police Force for patrolling the river Ganga
63. That the State Government and the Director General of Police to
immediately set up a River Police Force for patrolling the river to ensure that
no unclaimed dead body is thrown in the river, nor any illegal activity is
carried out along the course of river.
35 major MLD sewage water discharges directly polluting to River

Yamuna and Ganga at Allahabad
64. That there has been 35 major MLD sewage water discharges directly
polluting to River Yamuna and Ganga. Only in Karelabagh, starting from Pan
Dariba, Chachar Nala at Balua ghat the discharge of untreated sewage
water into Yamuna is 40 MLD which contribute 27% total pollution.
Simultaneously, the Ghaghar-Nala originates from Nakhas-kona carries
the sewage sludge from Ajamal Atala, Kareli and thus contributes 20% of
total pollution at Allahabad. Similarly gate no.9 and gate no.13 Drains, it
carries sewage of sludge from kyadganj area and discharge pollutant in the
river Yamuna, which contributes 5.4% of total pollution at Allahabad.
Simultaneously a lot of small drains near Daraganj area collecting the
pollutant from different area are flowing directly in the river Ganga causing
pollution load 5.4% of total pollution at Allahabad. Entire Mori-gate Nala
contribute 13% of pollution in Ganga river at Allahabad. The Allenganj
drain, Salori drainage and Beli Nalas together put a contribution of 14.5%
alone in river Ganga. Thus the analysts in the physic-chemical character of
water river Ganga indicate discharge of civic industrial pollutant comprising
of carbonate, Bicarbonate, BOD, COD, DO etc, by virtue of the same Ganga
river water degrading and has become injurious and hazardous in
contravention to the provision of The water (prevention of control of
pollution) Act 1974.
65. That about 70,000 pilgrims coverage every day at Varanasi and bathe in the
river. An estimated 400 bodies are cremated on the banks of the river in
Varanasi every day and 9000 dead cattle thrown annually. Often half burnt
bodies can be seen floating down the river. The bodies of infants and holy
people like the Sadhus not cremated but washed away in the river. Another
very common sight is buffaloes and elephants wallowing in the river. Another
point of excessive pollution is the ‘Fecal coliform bacteria’ which is found
over a lakh in number in 100 millitre of water (if the number exceeds 5000,
the water is considered highly dangerous).
66. That the holy river is sinking and stinking. Worse still it is drying a slow,
unnatural death. The dilution capacity of the river is highly reduced as large
amounts of Ganga water is taken out of the river through canals and lift
pumps for irrigation. The decrease in river flow increases the pollution level
further.
Measured Details of Sewer Flow
No. Name of Nala CuM/Day

Approx.
1- Main Ghaghar Nala 40,000
1A- Ghaghar Nala 1-A 4,000

1B- Ghaghar Nala 1-A1 200
1C- Ghaghar Nala 1-B 750
1D- Dariyabad Katharaghat Nala 100
1E- Dariyabad Piplaghat Nala 30
1F- Dariyabad Dhobighat Nala 50
2- Chachar Nala 34,000
3- Emergency out Fall 15,250
4- Drain at Gate no. 9 200
5- Drain at Gate no. 9 4,000
6- Fort Drain No. 1 -
6A- Fort Drain No. 2 -
7- Morigate Nala 36,940
8- Drains of Daraganj Area 3,000
9- Allenganj Nala 27,100
10- Salori Nala 27,000
11- Jondhwal Nala 2,500
11A- Sankar Ghat Nala 200
11B- Rasulabad Puccaghat Nala 40
11C- ADA Colony Nala 1,600
11D- Jondhawal Ghat Nala 70
11E- Sankar Colony Nala (Near Phaphamau Bridge) 10
11F- Jondhawal Ghat Drain 70
12- Rajapur Nala 7,000
12A- TV Tower Nala 2,000
12B- Sadar Bazar Nala 3,000
12C- Unchawagarh Drain I 700

12D- Unchawagarh Drain II 250
12E- Beli Gaon Drain 250
12F- Mumfordganj Drain 400
12G- Muirabad Nala 1,000
12H- Naya Purva Drain 60
12I- Mehdauri Gaon Drain 200
13- Mawaiya Nala 9,000
14- Shivkuti Drain No. 1 20
14A- Shivkuti Drain No. 2 10
14B- Shivkuti Drain No. 3 (North) 1,600
14C- Shivkuti Drain No. 4 10
14D- Shivkuti Drain No. 5 30
14E- Shivkuti Drain No. 6 20
14F- Shivkuti Drain No. 7(East) 720
15- Chilla Drain -
15A- Govindpur Colony Drain -
15B- Govindpur Colony Drain(Purani Basti) -
15C- Govindpur Drain No. 1 -
15D- Govindpur Drain No. 2 -
15E- Govindpur Drain No. 3 -
16- Co-operative Nala -
17- Basna Nala -
18- Indira Awas Nala 250
19- Shivpur Nala -
20- Lutere Nala 2,000
21- Shastri Bridge Nala 29

22- Kodhar Nala 6,750
23- Nehru park Nala 500
24- Panghat Nala 1,750
A brief description about some nalas which contributed important role in the
pollution of Ganga-Yamuna water these are-
Chachar Nala: Starting from Pandariba, discharge the entire water including a part
sewage and sludge near ‘Balua Ghat’ in Yamuna about 5.5 km. To the upstream of
Sangam. The nala contributes about 27% of the total population in Allahabad, Since
the existing pumping station is inadequate to lift the total discharge, most of the
discharge finds its way into the river.
Ghaghar Nala: Originates from ‘Nakhas Kona’ carries a part of sewage and sludge
from Darshan Ajamal, Atala area and Kareli Housing Board Colony, discharge in
Yamuna about 6.5 km, to the upstream of Sangam. This contribution to about 20%
of total pollution in Allahabad.
Gate No. 9 and Gate No. 13: It carries sewage and sludge from Kydganj area and
nearly areas and discharge into river Yamuna about 3 km, to the upstream of
Sangam. They together contributed to about 5.3% of total pollution in Allahabad.
Darahanj Nala: There are a lot of small drains Daraganj area, collecting the
pollutants from this area flowing into the river Ganga about 3 km, to the upstream
of Sangam. It carries a pollution load of 5.4 of the total pollution at Allahabad.
Emergency outfalls and Mori Nala: It meets the river about 4 km, upstream of
Sangam and Mori Nala which discharges into the river about 1 km, to the upstream
of Sangam contributes the 13% of the total pollution of the Allahabad.
The Nala like Fort Drains, Allanganj Nala, Salori Nala, Beli Nala etc. together
contributes to about 14.5% of the total pollution of Allahabad.
EFFECTIVE FOR THE TREATMENT OF SEWAGE OF SEWAGE GENERATED AT

VARANASI (SEWAGE MIXED WITH TOXIC INDUSTRIAL EFFLUENTS
67. NAGAR NIGAM: More than 175 MLD city sewage mixed with toxic industrial
effluents is generated at Varanasi. The Jal Nigam has established Sewage
Treatment Plants (STP) for the treatment of only 122 MLD (100 MLD at
Dinapur STP + 10 MLD at Bhagwanpur STP + 12 MLD at DLW). About 53
million liter per day (MLD) untereated sewage mixed with toxic industrial
effluents containing acids, alkalis, heavy metals e.g. lead, Cadmium, Nickel
etc. are directly discharged into the river Ganga by the Nagar Nigam
Varanasi.
68. JAI NIGAM’S SEWAGE TREATMENT PLANTS (STP): Not effective for the
treatment of sewage of sewage generated at Varanasi (Sewage mixed with
toxic industrial effluents) due to following:
69. No toxic heavy metal can be completely removed by these existing STP. The
Jal Nigam has accepted this fact. Chief Environment Officer, UP Pollution
Control Board produced a letter to this effect before the Hon’ble High Court
on August 20th 1998, during my presentation of low cost effluent treatment
technology to the Saree Printing Industries. Since these STP does remove
toxic metals and so-called treated water is used for the irrigation of crop
fields there are possibilities for accumulation of these toxic metals in the
food grains and vegetables. Due to process of BIOLOGICAL MAGNIFICATION
persistent chemicals may accumulate in the soil and reaches to the body of
human and animals through plants leading health hazard in the
surrounding areas. In the name of manuredry sludge (Which contain toxic
metals) is being sold by the JAL NIGAM to the ignorant farmers and without
knowing adverse effects the contaminated sludge is being used for maturing
the crop and vegetable plants.
70. POLLUTOIN CONTROL BOARD: The Board constituted for the purpose has
failed to function efficiently and effectively as per Environmental Protraction
Act. 1986.
71. There are about more than 2500 pollution

sources/industries/manufactures such as Saree Printing, Dyers, Lead
Battery, Metal Processing, Electro Plating, Plastic, Rubber, Soap and
Detergents, Cattle house, Cattle bathing, Hospitals, Dieses operated Motor
Boats, Motor Services and work Shops, Food Product etc. Where from huge
quantity of pollution are released into the River Ganga directly of Indirectly.
72. Although, effluent samples are collected for waster water quality analysis
by the representatives of the Pollution Control Board from all industries,
however, testing results are not provide to the concerned
industries/manufactures.
73. If officers of the Pollution Control Board are asked to collect the sample
under rules and industries/manufactures are asked to display & air quality
testing results in their officers, it shall make clear the level of pollution
induced by the industries and qualities of pollution to be removed form the
system. This shall not only help in the pollution abatement but will also
check exploitation of the organizations.
74. Cremation and disposal of dead bodies add another dimention of pollution.
It is recorded that about 23000 to 32000dead bodies are burnt every year on
two burning ghats of Varanasi named Harish Chandra and Manikarnika
with the help of 8 – 10x 103 tons fire woods. During cremation of the dead
bodies, 350 – 480x 108 Kcal Energy is consumed. It is also recorded that
about 200 – 300 tons ash content and 140 – 200 tons half burnt flesh
contents are released to holy river Ganga every from the cremation ground.
Due to religious believe about 3000 human and 6000 animals dead bodies
and huge quantity of minerals are also added to the river.
75. RAMNAGAR INDUSTRIAL AREA: Toxicants released from Ram Nagar

Industrial estate and the town is an upstream discharge.
S. Parameter Value
No
.
1- pH 8.65
2- Ec(umhoc cm-1) 1040
3- Total Alkalinity (mgL-1) 670
4- Acidity (mgL-1) 76.5
5- DO (mgL-1) 2.35
6- BOD(mgL-1) 310
7- COD (mgL-1) 767
8- Sulphate (mgL-1) 209.3
9- Chloride (mgL-1) 102.49
10- Nitrate –N (mgL-1) 2.64
11- Phosphate (mgL-1) 10.6
12- Potassium (mgL-1) 38.33
13- Iron (ugL-1) 14.37
14- Copper (ugL-1) 12.5
15- Zinc (ugL-1) 11.67
16- Lead (ugL-1) 20.24
17- Cadmium (ugL-1) 18.44
18- Chromium (ugL-1) 23.53
19- Total Coliform (MON) 14 x 105
Average of 52 samples 1997-------Total Sewage generated : 175

MLD-------Arrangement for Sewage Treatment – Dinapur – 100 MLD----
DLW – 12 MLD
Bhageanpur – 10 MLD
Number of dead bodies 3200/Year
Fire wood consumed 10 X 103 Tons/Year
Energy Consumed 480 x 108 K Cal/Year
Ash contents released 300 Tons/Year
Half burnt flesh 200 Tons/Year
Nitrogen 77,000 Kg /Year
Phosphorous 48,000 Kg /Year
Potassium 56000 Kg /Year
Floating dead bodies 3000/Year
Animals carcasses 6000/Year
LONG TERM PROPOSAL
Treatment Plants and Turtles Lessen Pollution
Five thousand years ago the Ganga was not the river of choice in
India. The Saraswati was the river, plentifully extolled in the
Vedas, whereas the Ganga is mentioned only once. But due to climatic
and geological changes the Saraswati river gradually dried up to a
stream, then disappeared. The Ganga assumed preeminent sacred
stature and the lore of its water's purifying and healing powers
water failed through Hindu history.
The high country Ganga deep in the granite folds of the Himalayas
still runs with its emerald color of purity and cleanliness. But
down in the factory-laden and urbanized plains the Ganga runs
brownish pea-green with silt and pollution: sewage, industrial waste
and corpses. To tackle the pollution, experts are farming giant
snapping turtles to eat corpses, building massive sewage treatment
plants and sewage diversion systems, and getting tough with
polluting businesses. Prime Minister Rajiv Gandhi brewed up the
Ganges Action Plan in 1986, pouring US$ 140 million into one of the
most demanding river-cleanup projects undertaken in the world. The
goal is to make the river's 1,568-mile length visually and
chemically clean enough for fearless sacred bathing and other
nonpolluting river activity.
Standing on the shore of year 1993, many sewage treatment plants are
operational, and the Ganga Directorate claims a significant
reduction in the river's bacterial count. By 1994 there are supposed
to be 35 plants. It is an urgent endeavor. By the year 2028 India's
population is expected 10 have doubled, putting enormous pressure on
the waterways.
Taking a dip at the ghat edging the Ganga at Banaras - Hinduism's
most sacred and oldest city - Dr. Veer Bhadra Mishra jokes that he
hasn't been chomped into by a snapping turtle yet, possibly
mistaking his still alive legs for a cadaver. Mishra, a professor of
hydrologic engineering at Banaras Hindu University and a priest at
one of Banaras' temples, performs his daily ablution in the Ganga
dutifully, but not without squirming a bit at the river's foulness.
Two of his disciples wade into the water before him, attempting to
clear away foam and debris. He doesn't drink the water. He loves the
Ganga dearly, believes in its sanctity, but is also equally
committed to its salvation from toxic Hades, Mishra - who received
the UNEP's Global 500 award for environmental service - has started
his own cleanup-the-cleanup campaign. He disputes the Ganga
Directorate's figures of the river project's first-phase purity, and
is demanding a new system of pollution evaluation.
Using his own water quality measurements along the 5-mile stretch of
bathing ghats at Banares, Mishra gets figures of biochemical oxygen
demand (a toxicity scale) that are twice that of the governments. He
also urged the government to adopt a bacterial count measurement.
Mishra notes that people bathing in the river add to its bacterial
count. In an unwitting irony he says. "People should take showers
before they bathe in the Ganga for spiritual purification."
North of Banaras is another concern of Mishra's: new housing
developments. Despite policing of the Ganga shoreline through
Banaras, dumping of waste still gushes in huge quantities. Banaras
is a city of 1 million with 1 million pilgrims bustling in each
year. Of 655 million gallons of waste water produced every day, only
436 million gallons are treated.
But not all of Banaras' citizens or pilgrims are worried about
pollution. C.L. Pandey, a priest at the Kashi Vishvanath Temple,
says a dip in the Ganga "gets rid of illness and infection. Even the
breeze from the Ganga washes sins away." But Pandey does admit the
river is dirty.
And one last bit of newer technology - electric crematoriums - is
helping to reduce the half-burnt corpse problem. They do a complete
job of burning, cost 10% of the wood-fueled pyre and are becoming
extremely popular despite fears they would be ignored.
NINJA Turtles
Are there Teenage Mutant Ninja Turtles swashbuckling in the Ganga
river or Banaras sewers? Or did the Ganga pollution turn turtles
into mutant ninjas? Anybody who's seen the movie and seen giant
snapping turtles swimming around Banaras is going to say,
"Cawabunga."
In one of the most snappy and controversial efforts to rid the Ganga
of partially cremated bodies (or whole bodies illegally dumped up
stream, thousands of 3-foot long snapping turtles have been bred to
devour the problem. Out of the original US$ 140 million allocated
for Ganga cleanup. US$ 32 million alone have gone into turtle farms
outside Banaras. There are about 20,000 to 30,000 bodies cremated in
Banaras every year and thousands more float in from up river.
Since 1990, 24,000 turtles have been released. The assistant manager
of the farm says they are raised on a diet of dead fish from
infancy, conditioning them to go for rotten flesh in the river, but
not for living bodies. When people bring a body in a bag, the
turtles charge up to the shore and sometimes drag the bag off. No
bitings have been reported. But there are still corpses daily
floating on by.
proposal of construction of 11Barrages for preservation

of water
76. That the U.N. declaration on the rights to development may
include the whole spectrum of civil, religious, culture,
economic, political and social process. The adherences to a
sustainable development principal are a sign quo non-for the
maintenance of the symbiotic balance. Thus, the concept of
intergenerational equity, public trust doctrine and
precautionary principles are the ingredients of our
environmental jurisprudence.
77. That the Large equality of static water provides fertile

breeding grounds for disease – carrying vectors. Taking timely
action within its frameworks may mitigate the disaster
management.
78. That the constitutional obligation issued effective orders

to ensure the protection of the environment and to provide a
check to the spreading pollution and thereby non compliance of
anti-pollution low and the infringement thereof result in
spreading of pollution and thereby degradation of ecology
(Indian Council for Environ-legal Action versus Union of India
in 1996(V)SCC-281).
79. The human rights people and environmental activists have

approach to the Hon’ble Court through Public Interest
Litigation to protect the interest of the general public.
The upstream environmental and economical impacts are: -
1. Soil Erosion,
2. Micro-Climatic Changes,
3. Loss of Flora and Fauna,
4. Changes in Spawning Grounds,
5. Land slips, situation and sedimentation,
6. The water logging and solirity.
7. Impact on aquatic ecosystem.
Our constitutional democracy may enshrine the concept of

welfare states, for which we
have to strive or mol to from Vedic times which is –
“Let all be happy, let all be sin free, let everyone see
good in everything and there should be no suffering
anywhere.”- (Benefit of all and happiness of
all).
In the march of progress, the humblest and weakest
should not be left behind. Taking a fish from a river and
putting it to an aquarium, where it may survive, but it can
never be happy.
80. Thus, the mere suggestions and measurements to protect the
water of river Ganga from
pollution may not have the desirable result for having
the sanctity of river Ganga being
protected amongst those who comes to have a dip at
Sangam during Kumbh festival after
taking the bath from outside, as there body secretion of
sweat may not pollute river
Ganga. Thus, apart from the threats of series of
irreversible damage. We should also
endeavor to protect the rights of conscience, faith and
religion, guaranteed under article 25
to these pilgrimage comprising of a segmentation of more
than 5 crores of population
visiting Allahabad during Kumbh festival for incarnation
of their sins by their strengthen
believe through mere dip, inside the holy water of Ganga
Maata. Thus, the duty to protect
and to prevent environmental degradation is further
intensified which shall not be used as
a reason for postponing cost effective measures due to
the lack of scientific certainty.
81. The precautionary principle requires that the entire efficient

be diversified for providing
manure to the agricultural produced by the proper
drainage inside their and not even a single
drop of water either polluted by the chemical affinity
or through bio-degradable substance
and even the water after treatment thereof may not be
allowed to pour inside the holy river
Ganges.
82. The natural resources are exploited and the state with all
sincerity and good intension is not able to provide the
general common benefit to the people due to social conflicts
arise as a natural adverse consequent , of political
ambitions. The conflicts arise between people living upstream
and those living downstream. Thus, when these conflicts
submerges with different ideology prevalent between different
social groups, the poor surviving on natural resources is
dependent even to consume the sewage of the effluent class of
people being drainage and poured inside the water of river
Ganga which is deemed as purified water without any
contaminations substance by the religious ruler population of
our nation visiting as pilgrimage during Kumbh mela
(Confluences). Thus, in such social conflicts, prier attention
has to be paid for former group which is both financially and
politically weak in consonance with the requirement contained
by its provisions in the preamble, fundamental rights,
fundamental duties and directive principle to take care of
such deprived section of people.
Sl. Site of Proposal Useful Storage to

No. be available in
Million Cubic
meter
1. Barrage No. 1 on river Ganga at 295 1335
Kilometer downstream of Allahabad near
Village Zamania in District Ghazipur.
Village Gaipura in Mirzapur District.
Village Kokhraj in Allahabad District.
Kilometer upstream of Allahabad near
Village Kalakankar in Pratapgarh
District.
Village Bitaura in Fatehpur District.
Kanpur.
Unnao.
Kannauj.
Kilometer upstream of Allahabad in
Farrukhabad.
District Etah.
District Etah.
Above proposal of barrages will be advantageous in following ways :-
That the storage created will be available for agricultural use

during the scarcity period of Non-Monsoon. The Storage can be
utilized for rapid industrialization of backward and other regions
as water can be used for industries, Power station etc. This will
help in the general up-liftment of the masses and will ensure
adequate drinking water, supplies. The effect of pollution can be
controlled by regulating flow in river. This will boost tourism by
way of developing picnic spot around the reservoirs. The reservoirs
can be used for developing fisheries. As a substantial part of the
discharge in the river will be stored and used during monsoon
period, it will go a logway in controlling floods downstream.
83. That the evaporation losses are estimated by pan evaporation

method with the assumption that about 25% of these losses
would be controlled by adopting suitable control method
preferably chemical method.
84. That an assessment of minimum available discharge in the river

is made on the basis of 10 daily discharge data at 75%
dependability of Kharif crops areas are limited to the extent
of minimum discharge so available. The discharge is excess of
minimum discharge will be allowed to flow downstream or to
fill up the pond. Thus uniform supplies for Kharif irrigation
in the period of June to October can be assured. Generally it
is observed that irrigation can be achieved to a great extent
during Rabi and Kharif with the available supplies from
barrages.
85. That excessive poaching of these innocent aquatic animals by

fishermen for the want of their flesh and oil has created
threat to their existence and they are now at the brink of
extinction, particularly at Allahabad. Whereas about 20 year
back they were found in abundance in between Sangam and Sirsa
Ghat. This water course, where the river Tones joins the Ganga
provide an ideal breeding ground for these animals.
Disappearance of Dolphin from the Ganga river is a biological
indicator of pollution as well as it also suggest that our
population particularly of the fishermen’s community is
exceeding the carrying capacity of the river.
86. That it is therefore our demand for declaring the above river
zone as a river biosphere region should be taken in
consideration by the concerned authorities and the NGOs
operating all along the river course in the region should be
involved in the conservation of aquatic fauna and flora of the
river at the earliest.
87. That the task of policing the river does not take up the task
seriously nor is it properly trained to undertake the policing
of the river. Accordingly it is directed that the Govt. of
Uttar Pradesh create a fresh cadre of River Police in the
state. This cadre shall be comprised only of the rank of
constables and such inspectors who shall otherwise be under
the control of the District Supdt. of Police.
88. That the Pollution Control Board and Nagar Nigam, Allahabad
have been directed to get the samples of the water of Ganga
from several places and get them tested and to display the
result of the analysis and file a counter affidavit by the
next date indicating that the order issued by this court as
also by the High Power Committee of the Chief Secretary are
being implemented and carried out.
89. That the Bacterio-phases present Ganga water in unique in the

scenes that it can insert its germs in almost all type of
Bacteria (Host) and can bring about lyses built completes its
reproductive cycle only in a specific bacterial cell. This
property of Bacteria phages of Ganga coater is not known in
other types of Bacteriophages. Thus no harmful bacteria can
multiply or exist in the Ganga water, That’s why Ganga water
does not rot or stink if stored for several days.
90. That water from the Ganga is used to cleanse any place or
object for ritual purposes. To bathe in the Ganga is a life
long ambition for Hindus also caste and ashes of their dead in
the river belief that this will guide the sools of the
deceased suffragist to paradise.
Article 48- A of the Constitution provides that the State

shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country. Article
51- A of the Constitution imposes as one of the fundamental
duties on every citizen the duty to protect and improve the
natural environment including forests, lakes, rivers, and wild
life and to have compassion for living creatures. The
proclamation adopted by the United Nations Conference on the
Human Environment which took place at Stockholm from June 5 to
16, 1972 and in which the Indian delegation led by the Prime
Minister of India took a leading role runs thus:
91. That man is both creature and moulder of his environment which
gives him physical sustenance and affords him the opportunity
for intellectual, moral, social and spiritual growth. In the
long and tortuous evolution of the human race on this planet a
stage has been reached when through the rapid acceleration of
science and technology, man has acquired the power to
transform his environment in countless ways and on an
unprecedented scale. Both aspects of man’s environment, the
natural and the manmade, are essential to his well being to
the enjoyment of basic human rights – even the right to life
itself.
92. That the protection and improvement of the human environment

is a minor issue which affects the well being of peoples and
economic development throughout the world; it is the urgent
desire of the peoples of the whole world and the duty of all
governments.
93. That man has constantly to sum up experience and go on
discovering, inventing, creating and advancing. In our time
man’s capability to transform his surroundings, if used
wisely, can bring to all peoples the benefits of development
and the opportunity to enhance the quality of life. Wrongly or
heedlessly applied, the same power can do incalculable harm to
human beings and the human environment. We see around us
growing evidence of manmade harm in many regions of the earth;
dangerous levels of pollution in water, air, earth and living
being; major and undesirable disturbance to the ecological
balance of the biosphere; destruction and depletion of
irreplaceable resources; and gross deficiencies harmful to the
physical, mental and social health of man, in the manmade
environment; particularly in the living and working
environment.
94. The Ganga Action Plan has been set up under the Indian
Government bureaucracy, and is attempting to build a number of
waste treatment facilities. Surprisingly, the political
parties in India are not very active in the efforts to clean
up the Ganga, and it is not very high in the general religious
agenda. India's government has already spent over 33 million
to address the overwhelming sewage problem. However, things
are looking better at the beginning of 2006, as satellite
images show increased water clarity in the river.
95. The most purifier of human body and soul, the pious water of
river Ganga was found loosing its efficacy during 1972-1977
due to heavy input of various pollutions. Research result of
5-year investigations conducted by the auther on the quality
of river Ganga water at Varanasi have been discussed first
time in the Indian Parliament. Indeed it was a matter of
pleasure that the Govt. of India paid attention, established
Ganga Action Plan and spent more than Rs. 500 crores to
prevent the Ganga from Pollution. Unfortunately work conducted
during first phase was not found satisfactory. In this
connection author had analyzed the water quality of river
Ganga and made detailed investigation on its important
pollution sources
S. Parameter Value
No.
1. pH 7.5 - 8.8
2. Acidity(mgL-1) 55.8 - 69.3
3. DO(mgL-1) 3.6 - 9.8
4. BOD(mgL-1) 1.9 – 85.5
5. COD(mgL-1) 5.9 - 170.5
6. Chloride(mgL-1) 8.2 - 81.5
7. Nitrate(mgL-1) 0.015 - 0.985
8. Phosphate(mgL-1) 0.005 - 1.58
9. ECU(mhos cm-1) 185 - 843
10. Transparency(cm) 8.2 - 94
96. ". The center of legal solidarity lies not in legislation, nor
in jurist’s science, nor in jurist’s decision, but in society
itself.”
Legal justice, with a humane mission, must update itself to
legitimize progressive urges, discern the reality of social
changes and design its delivery system, so as to obviate the
dominance of the Proletariat by the Proprietary and accelerate
people’s access to effective, litigate justice. The contemporary
command of social justice, which is also the socio-economic
demand of the common people, is that the prevalent forensic
astigmatism shall be corrected by sloughing off archaic, arcane
authoritarian procedures, which often spawn the paradox of a
wealth of abuses and a poverty of access vis-à-vis institutions
of legal justice.
That accretes and frets his hour upon the stage, and then
is heard no more.
“There is a land in the present age,
Where the people live in graves
Liberty, freedom all unknown,
Service and be slaves.
The people are living in free past glory of their own,
As an outright, beggars would had sung,
Well once upon a time. I was a king
When such of the attitude of the people
How can they get the freedom,
Least to talk of liberty.
Yet a certain day may come
When the people will hum
In the orchard of freedom
Taste the juice of liberty”.
(Not hearsay, not gossip, not publicity, but action.)
When Government acts in nefarious designs with impunity and is
motivated with vested interests by dancing to usurp power through
any means, fair or foul, even at the cost of sacrificing the
Nation’s existence to personal interest. Our systems have pushed
to advance its own schemes upon the ruin of the rest. Our
Custodian of powers are Mafia dons next to the invaders. Robbers
have generally plundered the rich, but who are seldom subjected
to legislation always plunder the common citizens and protect
those Mafia dons under the phraseology of “law making sovereign
power” having the connotation “procedure establish under law to
be cherished instead of “due process of Law”.
There is always an excuse for tyranny and mal-
administration, which has degenerated the national character. The
power given needs a safeguard from such arbitrary power and
unfair exercise. In present set up freedom has become an abuse
and liberty as license. Therefore the moral damage is more
terrible. An oppressive system is more to be feared than a Tiger.
Deep needs to express thought;
Profoundly sickening to compel;
Remain silent at expression;
Limitation of freedom of thought;
Is attack on social rights;
As spiritual force is stronger;
Than any material force;
As thought leash to average
conscience;
By the necessities of fatal policy;
Time is free-fold present; as we experience it in the past, and
in the present memory and as in future with present expectation. These
expectations cannot be the same and as anticipation. It is different from a wish, a
desire or a hope nor can it amount to claim or demand on ground of a right. A
pious hope, even leading to a moral obligation, cannot amount to a legitimate
expectation in the strict sense. The protection of such legitimate expectation does
not require the fulfillment of the expectation, where an over riding public interests
require otherwise. Thus even if substantive production of such expectation is
contemplated that does not grant and absolute right to a particular person. The
protection is limited to the extent of judicial review. To strike down the
expectation of an individual is adrift to the pragmatism.
Dated:- 21rd April , 2006 (YOGESH

KUMAR SAXENA)
ADVOCATE
Special officer appointed by Hon’ble Court
CHAMBER NO – 139, HIGH COURT, ALLAHABAD.
For further suggestions -R/O H.I.G. 203, Preetam Nagar, Sulem

Sarai, Allahabad
Phone no.0532/2637720, 2436451 Mobile
9415284843, 9450181638

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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD

CIVIL MISC. WRIT PETITION NO. 4003 OF 2006

(Under Article 226 of the Constitution of India)

Harchetan Branhchari Ji Mahraj, Sri Paramnand Ashram, Teakar

1. State of U. P. through Secretary,

Secretariat, Lucknow (U. P.)

2. The Commissioner, Allahabad Division, Allahabad.

3. The Collector, Allahabad, Dist. Allahabad.

4. The Mala Officer Incharge, Magh Mela, Allahabad.

5. State Board for Prevantation and control of water

Pollution through its Chairmen ……………………..

The humble application of the applicant submits the report in the

The spiritual sanctity of the water of River Ganga, deeply

“I am unjust, but I can strive for justice,

I, the un-loving, say life should be lovely,

I, that am blind, cry against my blindness”.

“All the members of the court are considered as wounded,

“A virtuous and just person should never enter a court and

EXTINCTION OF ENTIRE GLACIER LEADING TO ENVIRONMENTAL CRISES

3. That the peculiarities of Allahabad, where Ganga appears as through

4. That from Gangotri Glacier onward, Bhagirathi emerges, which is now

5. That it is a story of how downstream towns suffer due to activities upstream.

MYSTICAL AND SPIRITUAL UNDERTAKING IS GENEROUS IN HINDUS, WHILE

8. That in this manner, the mystical and spiritual undertaking is generous in

11. That "With a clear understanding that their strategies would be

SCARCITY OF ELECTRIC SUPPLY IN THE POLLUTIONS PLANTS SET UP UNDER

20. That Allahabad on account of its peculiarity of having such a mass

CONTRAVENTION TO THE PROVISION OF THE WATER (PREVENTION OF

21. That Ganga water has an unique, physico/chemical characteristic, which in

22. To achieve this environmental goal will demand the acceptance of

INDUSTRIALS SETUP ARE POLLUTING OUR HOLY WATER AT RIVER GANGA

27. The balance between environmental protection and the development

29. That the tanneries at Jajmau in Kanpur have themselves formed as

To establish, equip and maintain laboratories, workshops, institutes,

To set up and maintain common effluent treatment plant for member

To make periodical charge on members for the effluent treatment based

34. That it is unfortunate that a number of tanneries at Jajmau even though

The report shows pathetic condition prevailing at Kanpur.

An Extract of Public Accounts Committee Report Submitted in Lok Sabha

38. That the State Government may be directed to set up an experts

That do we have proper arrangement to collect sewage from all branch

That do we have provision to establish community Treatment Plants

That do we have Sustainable Environmental Management Plant for

That do we have Environmentalists in our policy planning committee

41. That the present quality of Ganga water at Allahabad is demonstrated as

44. That an analysis of monthly variation in the physicochemical characters of

49. That a number of Multi-purpose Schemes, under different stages of

compulsion to declare River Ganga as Reserve / Protected forest

River Police Force for patrolling the river Ganga

35 major MLD sewage water discharges directly polluting to River

Measured Details of Sewer Flow

No. Name of Nala CuM/Day

1- Main Ghaghar Nala 40,000

1A- Ghaghar Nala 1-A 4,000

1C- Ghaghar Nala 1-B 750

1D- Dariyabad Katharaghat Nala 100

1E- Dariyabad Piplaghat Nala 30

1F- Dariyabad Dhobighat Nala 50

2- Chachar Nala 34,000

3- Emergency out Fall 15,250

4- Drain at Gate no. 9 200

5- Drain at Gate no. 9 4,000

6- Fort Drain No. 1 -

6A- Fort Drain No. 2 -