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PETITIONER: DR. AJAY SINGH RAWAT

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT09/03/1995

BENCH: HANSARIA B.L. (J) BENCH: HANSARIA B.L. (J) AHMADI A.M. (CJ) SEN, S.C. (J)

CITATION:  1995 SCC  (3) 266        JT 1995 (3)    39  1995 SCALE  (2)236

ACT:

HEADNOTE:

JUDGMENT: HANSARIA, J.: 1.   Nainital, a beautiful butterfly, is said to be  turning into an ugly caterpillar.. According to the petitioner, this is due to: (1) water pollution; (2) air pollution; (3) noise pollution;  and  (4) "VIP pollution".   Ibis  has  naturally caused concern to all natural lovers and  environmentalists, apart  from  the  enlightened residents  of  Nainital.   The concern  has  been  felt to such an  extent’  that  a  ’Save Nainital  Workshop’  was  organised by none  else  than  the Department of Tourism and Environment of the U.P. Government in  September,  1989.   In this workshop  many  papers  were presented  on different aspects highlighting sudden rise  in vehicle  traffic,  illegal  construction,  encroachment  and squatting,  clustering, noise pollution, vanishing  greenery resulting  in  land slides on Cheena  Peak,  maintenance  of drains and pollution in the lake which has virtually  become a  dumping  ground for rubble and  public  sewage.   Despite organising  of such a workshop, nothing much seems  to  have been  done  to  preserve the pristine  beauty  of  Nainital. Hence, by this petition Dr. Rawat, who is a member of social action group called Nainital Bachao Samiti’, has  approached this  Court seeking its assistance to pass such  orders  and give  such directions as would prevent further pollution  of already suffocating Nainital. 2.   The  environmental degradation has taken  place,  inter alia,  because  of  increase  in  pollution,   over-grazing, lopping  and  hacking  of oak forests  fires  land  sliders, quarrying etc.  The pollution in the lake is because of both inorganic and organic causes.  The nearby minerals,  namely, manganese, lead salts, copper cobalt and zinc make lake life toxic.  The discharge of waste water in the lake is  another polluting  factor.  But the most potent source of  pollution is, as mentioned in the booklet "One Hundred and Fifty years of  Nainital",  whose  co-author  is  none  else  than   the

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petitioner  (the other author being one Deepak Singhal,  who at  the  relevant  time was  District  Magistrate  Nainital) "human  faces from leaking sewers." (Page51).  The  throwing of plastic bags and dumping of other materials have added to the throes of the lake.  The 40 growing  traffic, with the growth of the town and  big  turn out  of tourists, has contributed much to the  environmental pollution.   The increased traffic has in its  wake  brought noise  pollution.  The petitioner has said  something  about "VIP pollution" also. 3.   By  an  order dated 14.7.1994, this Court had  felt  it fit,  after having gone through the petition, to  appoint  a Commissioner for local inspection and to give report on  the following points:               "(i)Whether   construction  of  buildings   in               catchment area of Nainital lake is still going               on.               (ii)  Whether Ballia Ravine through which thee               outflow  of  the Nainital  lake  water  passes               during the rains is in a dilapidated condition               and on a fragile base.               (iii) Whether hill cutting and destruction  of               forest  is going on in catchment area of  lake               and   in   Naini  Hill   especially   due   to               construction of buildings.               (iv)  Whether water of lake is being  polluted               by human waste, horse dung and other wastes.               (v)   Whether  heavy vehicles ply an the  Mall               Road, bridle paths on the hill sides and other                             vehicles  ply  on  Bara  Bazar  and  Talli  Ta l               Bazar." 4.   The  District Judge, Nainital, was directed to  appoint an  advocate of that court as a Commissioner.  He  appointed Shri  P.C.  Pande,  who submitted his report  on  2.9.94.  A perusal of that report shows that on local inspection it was found  that  the  lake has turned dark green  with  an  oily surface  and is now full of dirt, human faeces, horse  dung, paper-polythene bags and all sorts of other waste.  Most  of the  sewer lines which leak, ultimately disgorge the  faccal matter into the lake through the drains which open into  it. The Commissioner also found that wherever the drains open at the  shores  of  the  lake, big  heaps  of  rubble  used  in construction  of  the  buildings  are  collected  and  these materials  ultimately settle down on the shores of the  lake thereby  reducing  the length depth and width of  the  lake, besides polluting the water to a great extent.  It has  been mentioned in the report that ecologists feel that if nothing was  done to prevent this siltation then the lake  will  dry up. 5.   On  the five questions required to be examined  by  the Commissioner, which have been noted above, his findings  are as below:- (i)  Construction  of buildings is going  on  unauthorisedly and  in a big way.  The.  Commissioner has  mentioned  about illegal  construction of office even by Kumaon Mandal  Vikas Nigam   of  the  State  Government  and   Lake   Development Authority,  which construed several  triple-storeye‘d  flats which have been declared as dangerious. (ii) The Ballia Ravine was found to be in a very dilapidated condition.   The  importance of the Ravine  from  ecological point  of view is that the over flow of the water  from  the lake passes through it.  But the revetment walls of the Nala have  either given way or cracked at several places  because

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of  which the water seeps in the rocky wall endangering  its cxistence.  The point where Ballia Nala enters Ballia Ravine was found to be in shambles, as large 41 cracks  had  developed owing to land slides  and  continuous soil  erosion.  In the year 1989 there was a big land  slide causing  death  of 28 persons.  The main cause of  the  land slides  has been attributed to the blasting and  felling  of trees  which was done to construct a motor road.  Plying  of heavy  vehicles is said to be endangering the  fragile  hill slopes. (iii)Hill  cutting  and  destruction of  forests  have  been confirmed.  The collusion of Forest Department officers  has been  mentioned as one of the causes of the illegal  felling of  trees  It  has been stated that the  forest  offence  is compoundable and the maximum compounding penalty is Rs.5000, whereas  the  approximate value of the illegally  cut  trees varies between Rs. 10,000 and Rs.25. 000, depending upon the quality of the tree.  As a person becomes owner of the  tree after  payment  of  the penalty,  this  has  increased  tree felling. (iv) The lake water was found full of human  waste and horse dung and other wastes    as already noted.  The horse stand having been allowed to be erected nearthe lake and  trotting around  the lake being permissible, the report  states  that horse  dung in abundance enters and reaches the  lake.   The tourists  who  enjoy  boating in the lake  throw  left  over edibles and polythene-bags in the lake. (v)  The  report states about plying of heavy vehicles  like buses  on  the Mail Road and the bridle  paths.   They  also enter Malli Tal and Talli and Tal Bazars. 6.   The  Commissioner has made certain recommendations,  of which the following deserve to be noted:- (i)  Group housing and commercial complexes should be banned absolutely with immediate effect.  Only small houses in flat areas,  where there is no hill cutting or felling of  trees, should be allowed for residential purposes. (ii) Heavy  vehicles  must be banned on the  Mall  Road  and bridle paths. (iii)     Immediate steps must be taken on a war footing  to stablize the Ballia Ravine and Ballia Nala. (iv) Lake  must  be  cleaned  and  prevented  from   further pollution, for which purposes drains entering the lake  must be  maintained  and the horses must be not permitted  to  go around the lake. (v)  Felling of trees should be made cognizable   offence. 7.   We have considered the findings of  the Commissioner and his recommendations.  According  to us,  there cannot be two opinions about some preventive  and remedial  measures to be taken on war footing, as any  delay would cause futther degradation and complicate the  matters. In  our considered view, the following steps deserve  to  be taken urgently:- (i)  Sewage water has to prevented at any cost from entering the lake. (ii) Sofazas  the drains which ultimately fall in  the  lake are concerned, it has to be seen that building materials arc not allowed to be heaped on the drains to prevent  siltation of the lake. (iii)     Care  has been taken to see that horse  dung  does not reach the lake.  If for this purpose the horse stand has to be 42 shifted somewhere, the same would be done.  The  authorities would examine whether trotting of horses around the lake  is

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also required to be prevented. (iv) Multi-storeyed  group housing and commercial  complexes have to be banned in the town area of Nainital.  Building of small  residential houses of flat areas could,  however,  be permitted. (v)  The offence of illegal felling of trees is required  to be made cognizable. (vi) Vehiclular  traffic  on  the Mall has  to  be  reduced. Heavy vehicles may not be permitted to ply on Mall. (vii)     The  fragile  nature of Ballia Ravine  has  to  be taken care of The cracks in the revetment of Ballia Nala to, be repaired urgently. 8.   We do hope that all concerned would     take  concerted steps.  For this purpose,     a  monitoring committee,  with one  highly  placed  official  of  each  of  the   concerned authorities/department,  may be constituted. 2 or 3  leading men  of the public having interest in the matter,  like  the petitioner, may be co-opted in the committee.  The Committee may  hold its meeting; to start with every month,  and  then every two months. 9.   The   petition  is  disposed  of  with  the   aforesaid directions and observations. 10.  We part with the hope that the butterfly would   regain its beauty and would attract  tourists  not only in  present but  in  future as well, which would happen  if  the  beauty would  remain  unsoiled.   Given  the  will,  it  is  not  a difficult task to be achieved; the way would lay itself out. Let  all concerned try and try hard.  Today is the  time  to act; tomorrow may be late. 45