# M.C. MEHTA v. UNION OF INDIA & OTHERS

- **Citation:** [1988] 1 S.C.R. 279
- **Court:** Supreme Court of India
- **Decided:** 1987-09-22
- **Case number:** Writ Petition No. 3727 of 1985
- **Bench:** E.S. Venkataramiah, K.N. Singh
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-c-mehta-v-union-of-india-others-9722
- **Pages:** 24

## Headnote

B
Constitution of India, 1950: Articles 48A and 5 lA-State to
protect and improve environment-Fundamental duty of every citizen
to improve natural environment.
Environmental Law
Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986:
c
'Environment'-Discharge of effluents from tannery into the D
River Ganga--Necessity to establish primary treatment plants-Closure
of tanneries directed on failure to comply-Life, health and ecology
have great importance.
Practice and Procedure: Court can issue appropriate directions if
it finds public nuisance being committed and statutory authorities not E
taking adequate steps to rectify the grievance.
The petitioner, an active social worker, filed a petition before this
Court complaining that neither the Government nor the people were
giving adequate attention to stop the pollution of the river Ganga and it F
~ was, therefore, necessary to take steps for the purpose of protecting the
"cleanliness of the stream in the river Ganga which was in fact the life
sustainer of a large part of the northern India, and· sought the issue of a
writ/order/direction in the nature of mandamus to the respondents
other than respondents Nos. I and 7 to 9 restraining them from letting
out the trade effluents into the river Ganga till such time they put G
necessary treatment plants for treating the trade effluents in order to
arrest the pollution of water in the said river.
This Court directed issue of notice under Order I Rule 8 of the
H
279
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B
c
t>
E
280
SUPREME COURT REPORTS
(1988] 1 S.C.R.
Code of Civil Procedure treating the case as a representative action by
publishing the gist of the petition in the newspapers in circulation in
northern India and calling upon industrialists and the municipal corpo·
rations and town municipal councils having jurisdiction over the areas
through which the river Ganga flows to appear_ before the Court to
show cause as to why direction should not h" issued as prayed for by the
petitioner asking them not to allow trade effluents and sewage into the
river Ganga without appropriately treating them before discharging
them into the river.
Pursuant to the aforesaid notice a large number of industrialists
and legal bodies entered appearance. Some filed counter affidavits ex·
plaining the steps taken by them for treating trade effluents before
discharging them into the river.
The case against the tanneries at Jajmau, Kanpur, was first taken
up by the Court for consideration. Forty three respondents admitted in
their counter affidavits that the tanneries discharged their trade
effluents into the sewage nallah which led to the municipal sewage plant
before they were thrown into the river Ganga.
The Court was informed that six of tbe tanneries had already set
up and fourteen were engaged in construction ot primary treat'!'ent
plants, and some others pleaded for time to do so. It was submitted on
behalf ofthe respondents that it would not be possible for them to have
secondary system for treating waste water in view of the enormous
expenditure involved, which the tanneries would not be able to meet.
Some of the tanneries neither appeared nor were represented by
counsel in this Court.
F
Issuing interim directions, this Court,
HELD: 1.1 Article 48· A of the Constitution provides that the J"
State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country. Article Sl·A of the
Constitution imposes as one of the fundam.,ntal duties on every citizen
G
the duty to protect and improve the natural environment including
forests, lakes, rivers and wild life and to have campassion for living
creatures. [285C·D I
Realising the importance of the prevention and control of pollu·
lion of water for human existence, Parliament passed the Water
H (Prevention and Control of Pollution) Act, 1974, to provide for the
M.C. MEHTA v. U.0.1.
281
'/"-·
prevention and control of water pollution and the maintaining or
A
restori

## Text

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M.C. MEHTA
v.
UNION OF INDIA & OTHERS
SEPTEMBER 22, 1987
A
[E.S. VENKATARAMIAH AND K.N. SINGH, •JJ.]
B
Constitution of India, 1950: Articles 48A and 5 lA-State to
protect and improve environment-Fundamental duty of every citizen
to improve natural environment.
Environmental Law
Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986:
c
'Environment'-Discharge of effluents from tannery into the D
River Ganga--Necessity to establish primary treatment plants-Closure
of tanneries directed on failure to comply-Life, health and ecology
have great importance.
Practice and Procedure: Court can issue appropriate directions if
it finds public nuisance being committed and statutory authorities not E
taking adequate steps to rectify the grievance.
The petitioner, an active social worker, filed a petition before this
Court complaining that neither the Government nor the people were
giving adequate attention to stop the pollution of the river Ganga and it F
~ was, therefore, necessary to take steps for the purpose of protecting the
"cleanliness of the stream in the river Ganga which was in fact the life
sustainer of a large part of the northern India, and· sought the issue of a
writ/order/direction in the nature of mandamus to the respondents
other than respondents Nos. I and 7 to 9 restraining them from letting
out the trade effluents into the river Ganga till such time they put G
necessary treatment plants for treating the trade effluents in order to
arrest the pollution of water in the said river.
This Court directed issue of notice under Order I Rule 8 of the
H
279
A
B
c
t>
E
280
SUPREME COURT REPORTS
(1988] 1 S.C.R.
Code of Civil Procedure treating the case as a representative action by
publishing the gist of the petition in the newspapers in circulation in
northern India and calling upon industrialists and the municipal corpo·
rations and town municipal councils having jurisdiction over the areas
through which the river Ganga flows to appear_ before the Court to
show cause as to why direction should not h" issued as prayed for by the
petitioner asking them not to allow trade effluents and sewage into the
river Ganga without appropriately treating them before discharging
them into the river.
Pursuant to the aforesaid notice a large number of industrialists
and legal bodies entered appearance. Some filed counter affidavits ex·
plaining the steps taken by them for treating trade effluents before
discharging them into the river.
The case against the tanneries at Jajmau, Kanpur, was first taken
up by the Court for consideration. Forty three respondents admitted in
their counter affidavits that the tanneries discharged their trade
effluents into the sewage nallah which led to the municipal sewage plant
before they were thrown into the river Ganga.
The Court was informed that six of tbe tanneries had already set
up and fourteen were engaged in construction ot primary treat'!'ent
plants, and some others pleaded for time to do so. It was submitted on
behalf ofthe respondents that it would not be possible for them to have
secondary system for treating waste water in view of the enormous
expenditure involved, which the tanneries would not be able to meet.
Some of the tanneries neither appeared nor were represented by
counsel in this Court.
F
Issuing interim directions, this Court,
HELD: 1.1 Article 48· A of the Constitution provides that the J"
State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country. Article Sl·A of the
Constitution imposes as one of the fundam.,ntal duties on every citizen
G
the duty to protect and improve the natural environment including
forests, lakes, rivers and wild life and to have campassion for living
creatures. [285C·D I
Realising the importance of the prevention and control of pollu·
lion of water for human existence, Parliament passed the Water
H (Prevention and Control of Pollution) Act, 1974, to provide for the
M.C. MEHTA v. U.0.1.
281
'/"-·
prevention and control of water pollution and the maintaining or
A
restoring of wholesomeness of water, for the establishment, with a view
to carrying out the purposes aforesaid of Boards for the prevention and
control of water pollution, for conferring on and assigning to such
Boards powers and functions relating thereto and for matters connected
therewith Sections 16 and 17 of the Act describes the functions of the
Central and the State Board. The Act was adopted by the State of Uttar
B
Pradesh. In addition, Parliament also passed the Environmental
y
(Prevention) Act, 1986 which came into effect from November, 1986,
throughout India. [288B-D; 289A, F]
-
1.2 Notwithstanding the comprehensive pro•isions contained in
the Act of 1974, no effective steps appear to have been taken by the c
State Board so far to pr~vent the discharge of effiuents of the Jajmau
./r
near Kanpur to the_river Ganga. The fact that such effiuents are being
first discharged into the municipal sewerage does not absolve the tanneries from being proceeded against under the provisions of the law in
force since ultimately the emuents reach the river Ganga from the
sewerage system of the municipality. Not much h1is been done even
D
under the Act of 1986 by the Central Govermnent to stop the grave public
nuisance caused by the tanneries at Ja,jmau, Kanpur. [2890-E; 290C]
1.3 There is no doubt that the discharge of the trade effiuents
,..(
from the tanneries into the river Ganga has been causing considerable
damage to the life of the people who use the water of the river and also
E
to the aquatic life in the river. The effiuents discharged from a tannery
Is 10 times noxious when compared with the domestic sewage which
..
nows into the river from any urban area on its banks. The tanneries at
Jajmau, Kanpur cannot be allowed to continue to carry on the industrial activity unless they take steps to establish primary treatment
plant. [298E-F]
F
A
'
No doubt it may not be possible for the tanneries to establish
immediately the secondary system plant in view of the large expenses
involved, but having regard to the adverse effect the effiuents are
having on the river water, the tanneries at Jajmau, Kanpur, should at
least set up primary treatment plants, which is the minimum that the
G
tanneries should do in the circumstances of the case. The financial
-',
capacity of the tanneries should be considered as irrelevant while
requiring them to establish primary treatment plants. Just like an industry which cannot pay minimum wages to its workers cannot be
allowed to exist, a tannery, which cannot set up a primary treatment
plant, cannot be permitted to continue to be in existence for the adverse
H
282
SUPREME COURT REPORTS
[1988] 1 S.C.R.
A
effect on the public at large which is likely to ensue by the discharging of
~
the trade effiuents from the tannery to the river Ganga would be immense and it will outweigh any inconvenience that may be caused to the
management and the labour employed by it on account of its closure.
Moreover, the tanneries involved in this case are not taken by surprise.
For several years they are being asked to take necessary steps to prevent
B the flow of untreated water from their factories into the river. Some of
them have already complied with the demand. [298C-E]
1.4 In cases of this nature this Court may issue appropriate direc-
'<"
tions if it finds that the public nuisance or other wrongful act affecting
._
or likely to affect public is being committed and the statutory autho·
c rities which are charged with the duty to prevent it are not taking
adequate steps to rectify the grivevance. For every breach ofright there
~--
should be a remedy. [298F-G]
~
It is unfortunate that a number of tanneries at Jajmau even
though they are aware of these proceedings have not cared even to enter
D appearance in this Court to express their willingness to take appropriate steps to establish the pretreatment plants. So far as they are
concerned, they are directed to stop -running of their tanneries and also
not to let out trade effiuents either directly or indirectly into the river
Ganga without subjecting the trade effiuents to a pretreatment process
by setting up primary treatment plants as approved by the State Board
.>-.
E with effect from October l, 1987. Time granted till 31.3.1988 to other
tanneries who are members of the Hindustan Chambers of Commerce
and the other tanneries to establish primary treatment plants within six
months. If any of these tanneries does not set up a primary treatment
..
plant within 31.3.1988 such a tannery will stop business with effect
from 1.4.1988. [298G-H; 299D, G-H; 300A]
p
Such of those tanneries who have already put up primary treat-
)c_
ment plants may continue running provided they keep the plants in ,-
sound working order. [299F)
The Central Government, the Uttar Pradesh Board, established
G
under the provisions of the Water (Prevention and Control of Pollution)
Act, 1974 and the District Magistrate, Kanpur are directed to enforce
this order. [300B]
>--
Per Singh, J: (supplementing)
H
The pollution of the river Ganga is affecting the life, health and
y
M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.]
283
ecology of the lndo-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. No law or authority can
succeed in removing the pollution unless the people cooperate. 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 near
Kanpur have been polluting the Ganga in a big way. Though notices
were issued many industrialists have not bothered either to respond to
the notice or to take elementary steps for the treatment of industrial
effiuent before discharging the same into the river. Those tanneries
which have failed to take minimum steps required for the primary
treatment of industrial effiuent are directed to be closed. No doubt
closure of tanneries may bring unemployment, loss of revenue, but life,
health and ecology have greater importance to the people. [30IG-H; 302A-B]
ORIGINAL JURISDICTION: Writ Petition No. 3727 of 1985.
Under Article 32 of the Constitution of India.
M.C. Mehta (Petitioner-in-person).
B. Datta, Additional Solicitor General, R.P. Kapur, P.P. Singh
and Ms. A Subhashini for Respondent Nos. 2 and 3.
R.A. Gupta for Respondent No. 87.
S.K. Dholakia, Deepak K. Thakur, Mukul Mudgal and P.
Narasimhan for Respondent No. 89.
Miss Bina Gupta, B.P. Singh, S.R. Srivastava, Krishan Kumar,
Vineet Kumar, R. Mohan, Mrs. Shobha Dikshit, A. Sharan, D.
Goburdhan, Mrs. G.S. Mishra, Parijat Sinha, R.C. Verma, R.P.
ingh, Ranjit Kumar, R.B. Mehrotra, Manoj Swarup & Co. Raj
Birbal, J.B.D. & Co. S.S. Khanduja, B.P. Singh, E.C. Aggrawala,
Khaitan & Co., A.K. Srivastava, Swarup John & Co., Mehta Dave,
R.S. Sodhi, Subodh Markandey, T.V.S.N. Chari, Ashok Grover,
Narain and P.C. Kapur for the Respondents.
B.R.L. lyenger and Surya Kant for the Intervener.
The Judgment of the Court was delivered by
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VENKATARAMIAH, J. This is a public interest litigation. The
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284
SUPREME COURT REPORTS
[1988] I S.C.R.
A petitioner who is an active social worker has filed this petition inter alia
~
for the issue of a writ/order/dfrection in the nature of mandamus to the
respondents other than Respondents I, and 7 to 9 restraining them
from letting out the trade effluents into the river Ganga till such time
'
.
'
they put up necessary treatment plants for treating the trade effluents
in order to arrest the pollution of water in the said river. Respondent I
B is the Union of India, Respondent 7 is the Chairman of the Central
Board for Prevention and Control of Pollution, Respondent 8 is the
Chairman, Uttar Pradesh Pollution Control Board and Respondent 9 ''i
is the Indian Standards Institute.
Water is the most important of the elements of nature. River
valleys are the credles of civilization from beginning of the world.
C
Aryan civilization grew around the towns and villages on the banks of
the river Ganga. Varanasi which is one of the cities on the banks of the
river Ganga is considered to be one of the oldest human settlements in
the world. It is the popular belief that the river Ganga is the purifier of
all but we are now led to the situation that action has to be taken to
D prevent the pollution of the water of the river Ganga since we have
reached a stage that any further pollution of the river water is likely to
lead to a catastrophe. There are today large towns inhabited by millions of people on the banks of the river Ganga. There are also large
industries on its banks. Sewage of the towns and cities on the banks of
the river and the trade effluents of the factories and other industries
E are continuously being discharged into the river. It is the complaint of
the petitioner that neither the Government nor the people are giving
adequate attention to stop the pollution of the river Ganga. Steps
have, therefore, to be taken for the purpose of protecting the cleanliness of the stream in the river Ganga, which is in fact the life sustainer
of a large part of the northern India.
F
When this petition came up for preliminary hearing, the Court h
directed the issue of notice under order I rule 8 of the Code of Civil
Procedure treating this case as a representative action by publishing
the gist of the petition in the newspapers in circulation in northern
India and calling upon all the industrialists and the municipal corporaG lions and the town municipal councils having jurisdiction over the
areas through which the river Ganga flows to appear before the Court
and to show cause as to why directions should not be issued to them as
prayed by the petitioner asking them not to allow the trade effluents
)....
and the sewage into the river Ganga without appropriately treating
them before discharging them into the river. Pursuant to the said
H notice a large number of industrialists and local bodies have entered
y
-
-
J \_
M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.]
285
appearance before the Court. Some of them have filed counterA
affidavits explaining the steps taken by them for treating the trade
effluents before discharging them into the river. When the above case
came up for consideration before the Court on the last date of hearing
we directed that the case against the tanneries at Jajmau area near
Kanpur would be taken up for hearing first. Respondents 14 to 87 and
89 are the tanneries near Kanpur. Of them respondents 16 to 32, 34 to
B
36, 43, 47, 51, 52, 54, 55, 57, 58, 60 to 62, 64, 67 to 69, 72, 74, 75, 77 to
82, 85, 87 and 89 are represented by counsel. The remaining tanneries
did not appear before the Court at the time of the hearing nor were
they represented by any counsel.
Before proceeding to consider the facts of this case it is necessary C
to state a few words about the importance of and need for protecting
our environment. Article 48-A of the Constitution provides that the
State shall endeavour to protect and improve the environment and to
safeguard lhe 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 D
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
5th to 16th of June, 1972 and in which the Indian delegation led by the
Prime Minister of India took a leading role runs thus:
"1. Man is both creature and moulder of his environment which gives him physical sustenance and affords him
the opportunity for intellectnal, 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
E
the rapid acceleration of science and technology, man has F
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 man-made, are
essential to his well-being and to the enjoyment of basic
human rights-even the right to life itself.
2. The protection and improvement of the human
environment is a major 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.
G
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SUPREME COURT REPORTS
[1988] 1 S.C.R.
3. 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 oflife. Wrongly
or heedlessly applied, the same power can do incalculable
harm to human beings and the human envitonment. We
see around us growing evidence of man-made harm in
many regions of the earth; dangerous levels of pollution in
water, air, earth and living beings; major and undesirable
disturbances 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 man-made environment;
particularly in the living and working environment.
A point has been reached in history when we must
shape our 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. There are broad vistas for
the enhancement of environmental quality and the creation
of a good life. What is needed is an enthusiastic but calm
state of mind and intense but orderly work. For the
purpose of attaining freedom in the world of nature, man
must use knowledge to build in collaboration with nature a
better environment. To defend and improve the human
environment for present and future generations has
become an imperative goal for mankind-a goal to be
pursued together with, and in harmony with, the estab- -
lished and fundamental goals of peace and of world-wide
economic and social development.
To achieve this environmental goal will demand the
acceptance of responsibility by citizens 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 environ-
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M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]
287
men! of the future. Local and National Governments will
A
bear the greatest burden for large-scale environmental
policy and action within their jurisdictions. International
co-operation is 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
B
because they affect the common international realm, will
..
require extensive co-operation among nations and action
by international organizations in the common interest. The
...
Conference calls upon the Governments and peoples to
\
exert common efforts for the preservation and improve-
~
men! of the human environment, for the benefit of all the c
people and for their posterity."
The proclamation also contained certain common
convictions of the participant nations and m.ade certain recommendations on development and environment. The
common convictions stated include the conviction that the
D
discharge of toxic substances or of other substances and the
release of heat in such quantities or concentrations as to
exceed the capacity of environment to render them harmless must be halted in order to ensure that serious or ir-
,....
reversible damage is not inflicted upon eco systems, that
States shall take all possible steps to prevent pollution of E
the seas so that hazards to human health, harm to living
resources and marine life, damage to the amenities or interference with other legitimate uses of seas is avoided that
the environmerltal policies would enhance and not adversely affect the present and future development potential of
I
development countries, that science and technology as part
F
""'
of their contributions to economic and social development
must be applied with identification, avoidance and control
of environmental risks and the solution of environmental
problems and for the common good of mankind, that States
have the responsibility to ensure that activities of exploitalion of their own resources within their jurisdiction are
G
controlled and do not cause damage to the environment of
--1
other States or areas beyond the limit of national jurisdiction, that it will be essential in all cases to consider the
systems of values prevailing in each country and the extent
of the applicability of standards which are valid for the
H
most advanced countries but which may be inappropriate
A
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288
SUPREME COURT REPORTS
[1988] 1 S.C.R.
and of unwarranted social cost and that man and his environment must be spared the effects of nuclear weapons and
all other means of mass destruction. These are only some of
the statements of principles proclaimed by the Stockholm
Conference.
(Vide Lal's Commentaries on Water and Air Pollution
Laws (2nd Edn.) pages 6-7
Realising the importance of the prevention and control of pollution of water for human existence Parliament has passed the Water
(Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974)
C
(hereinafter referred to as 'the Act') to provide for the prevention and
control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out
the purposes aforesaid, of Boards for the prevention and control of
water pollution, for conferring on and assigning to such Boards powers
and functions relating thereto and for matters connected therewith.
D The Act was passed pursuant to resolutions passed by all the Houses of
Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Kamataka, Kerala, Madhya
Pradesh, Rajasthan, Tripura and West Bengal under clause (1) of
Article 252 of the Constitution to the effect that the prevention and
control of water pollution should be regulated in those States by
E
Parliamentary legislation. The Act has been since adopted by the State
of Uttar Pradesh also by resolutions passed in that behalf by the
Houses of Legislature of the said State in the year 1975 ( vide notification No. 897/ix-3-100-74 dated 3.2.1975). Section 24 of the Act prohibits the use of any stream or well for disposal of polluting matter etc.
It provides that subject to the provisions of the said section no person
F
shall knowingly cause or permit any poisonous, noxious or polluting
matter determined in accordance with such standards as may be laid
down by the State Board to enter whether directly or indirectly into
any stream or well or no person shall knowingly cause or permit to
enter into any stream any other matter which may tend either directly
or in combination with similar matters to impede the proper flow of
G
the water of the stream in a manner leading or likely to lead to a
substantial aggravation of pollution due to other causes or of its consequences. The expression stream is defined by section 2(j) of the Act as
including river, water course whether flowing or for the time being
dry, inland water whether natural or artificial, sub-terranean waters,
sea or tidal waters to such extent or as the case may be to such point as
H
the State Government may by notification in the Official Gazette,
M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]
289
specify in that behalf. Under the Act it is permissible to establish a
Central Board and the State Boards. The functions of the Central
Board and the State Boards are described in section 16 and 17 respectively. One of the functions of the State Board is to inspect sewage or
trade effluents, works and plants for the treatment of sewage and trade
effluents, and to review plans, specifications or other data relating to
plants set up for the treatment of water, works for the purification and
the system for the disposal of sewage or trade effluents. 'Trade
effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any trade or industry,
other than domestic sewage. The State Board is also entrusted with the
work of laying down standards of treatment of sewage and trade
effluents to be discharged into any particular stream taking into
account the minimum fair weather dilution available in that stream
and the tolerance limits of pollution permissible in the water of the
stream, after the discharge of such effluents. The State Board is also
entrusted with the power of making application to courts for restraining apprehended pollution of water in streams or wells. Notwithstanding the comprehensive provisions contained in the Act no effective
steps appear to have been taken by the State Board so far to prevent
the discharge of effluents of the Jajmau near Kanpur to the river
Ganga. The fact that such effluents are being first discharged into the
municipal sewerage does not absolve the tanneries from being proceeded against under the provisions of the law in force since ultimately
the effluents reach the river Ganga from the sewerage system of the
municipality.
In addition to the above Act, Parliament has also passed the
-
Environment (Protection) Act, 1986 (29 of 1986) which has been
A
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brought into force throughout India with effect from November 19,
1986. Section 3 of this Act confers power on the Central Government
F
J to take all such measures as it deems necessary or expedient for the
~purpose of protecting and improving the quality of the environment
and preventing, controlling and abating environmental pollution.
'Environment' includes water, air and land 'and the inter-relationship
which exists among and between water, air and land and human
beings, other living creatures, plants, micro-organism and property.
G
(Vide section 2(a) of the Environment (Protection) Act, 1986). Under
Section 3(2)(iv) of the said Act the Central Government may lay down
--...\
standards for emission or discharge of environmental pollutants from
various sources whatsoever. I Notwithstanding anything contained in
any other law but subject to the provisions of the Environment (Protection) Act, 1986, the Central Government may under section 5 of the
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[1988] 1 S.C.R.
A Act, in the exercise of its powers and performance of its functions
-"'(
under that Act issue directions in writing to any person, officer or
authority and such authority is bound to comply with such directions.
The power to issue directions under the said section includes the
power to direct the closure, prohibition or regulation of any industry,
operation or process or stoppage or regulation of the supply of elecB tricity or water or any other service. Section 9 of the said Act imposes
a duty on every person to take steps to prevent or mitigate the environmental pollution. Section 15 of the said Act contains provisions
"'{
relating to penalties that may be imposed for the contravention of any
of the provisions of the said Act or directions issued thereunder. It is
to be noticed that not much has been done even under this Act by the
...
c Central Government to stop the grave public nuisance caused by the
tanneries at Jajmau, Kanpur.
\
All the tanneries at Jajmau, Kanpur which were represented by
counsel, except respondent Nos. 87 and 89 have relied upon a common
counter-affidavit filed by them and their case is· argued by Shri S.K.
D Dholakia and Shri Mukul Mudgal. Respondent No. 87 is represented
by Shri R.P. Gupta and respondent No. 89 is represented by Shri P.
Narasimhan. There is not much dispute on the question that the discharge of the trade effluents from these tanneries into the river Ganga
has been causing considerable damage to the life of the people who use
the water of the river Ganga and also to the aquatic life in the river.
E
The tanneries at Jajmau in Kanpur have themselves formed an associa-
~
tion called Jajmau Tanners Pollution Control Association with the
objects among others:
(1) To establish, equip and maintain laboratories, workshop, -
institutes, organisations and factories for conducting and carrying on
f
experiments and to provide funds for the main objects of the
Company.
>-....
(2) To procure and import wherever necessary the chemicals
etc. for the purpose of pollution control in tanning industries.
G
(3) To set up and maintain common effluent treatment plant for
member tanners in and around Jajmau.
(4) To make periodical charges 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
H effluent treatment.
...
M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.]
291
In the Fiscal Plan for setting up common Effluent Treatment
Plants for Indian Tanning Industry-(March, 1986) prepared by the
committee constituted by the Directorate General of Technical
Development (Government oflndia) it is observed thus:-
A
"Leather industry is one of the three major industries
besides paper and textiles consuming large quantities of B
water for processing of hides and skins into leather. Naturally most of the water used is discharged as wastewater.
The wastewater contains putrescible organic and toxic inorganic materials which when discharged as such will deplete
dissolved oxygen content of the receiving water courses
resulting in the death of all acquatic life and emanating foul C
odour. Disposal of these untreated effluents on to land will
pollute the ground water resources. Discharging of these
effluents without treatment into public sewers results in the
choking of sewers.
Realising the importance of keeping the environment D
clean, the Government of India has enacted the Water Pollution Control Act (Central Act 6 of 1974) and almost all
the State Government have adopted the Act and implementing the Act by forming the Pollution Control Boards
in their respective states. The Pollution Control Boards
have been insisting that all industries have to treat their E
effluents to the prescribed standards and leather industry is
no exception to this rule. Tanneries situated all over the
country have been faced with the problem of treating their
effluents. Seized with the problem of finding out a solution,
the Central Leather Research Institute, Madras has
brought out a Management Investment Report (CLRI p
Core Committee Report) as early as 1976 which contains 14
flow sheets indicating the treatment technologies for various types of leather processing techniques, quantity of
effluents etc. including the cost of treatment."
A monograph entitled 'Treatment Technology of Tannery G
Effluents' prepared by S. Rajamani, W. Madavakrishna and G.
Tbyagarajan of the Central Leather Research Institute, Adyar,
Madras states that generally the wastewater from beam house process
namely soaking, liming, deliming etc. are highly alkaline containing
decomposing organic matter, hair, lime sulphide etc. and is nearly ten
times as strong as domestic sewage and refers to the various methods
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SUPREME COURT REPORTS
(1988] 1 S.C.R.
A by which the effluents of the tanneries could be treated before their
discharge into any river. They recommend four types of wastewater
treatment technology so far as the tanneries are concerned-( 1) segregation or mixing of suitable sectional waste water from different processes; (2) primary treatment; (3) secondary biological treatment; and
( 4) disposal of solid wastes from the treatment system. The said monoB graph explains the work at the primary treatment unit thus:-
c
D
E
"The primary treatment units principally comprise of
coarse screens, two numbers of settling tanks and sludge
drying beds. The settling tank, each of about 1-2 days
capacity acts as an equalisation-cum-setting tank as well.
As an alternative, clarifier can be provided in place of settling tank for treating higher capacity effluents. Depending
on the quality of composite effluent, addition of neutralising 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 settling tanks and clarifier is removed
and dried on sludge drying beds made up of filtering media
gravel, sand and supporting masonary 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 off
suitably as per the directions of regulatory agencies and
local bodies."
The secondary treatment units are explained in the said monof
graph thus:
G
H
"The pre-treated effluent needs suitable secondary
biological treatment to meet the pollution control standards. The general biological treatment units which can be
adopted under Indian conditions are anaerobic lagoon,
aerated lagoon, extended aeration systems like oxidation
ditch, activated sludge process etc.
Anaerobic lagoon is a simple anaerobic treatment
unit suitable for effluents with high BOD like vegetable
tannery (Raw to E. I) wastewater. In depth of the lagoon
varies from 3-5 metres and detention time from 10-20 days
..
-
I
....\
M.C. MEHTA v. U.0.1. (VENKATARAMIAH, J.J
293
depending npon the pollutional load and atmospheric conA
ditions. This is an open type digester with no provision for
gas collection. No power is required for this system and its
performance is proved to be efficient in South Indian
conditions.
Anaerobic contract filter is also an anaerobic treatB
ment unit. This is a closed tank type unit made up of
R.C.C. or masonry structure filled up with media like broken granite stones etc. This unit occupies less land area
since the detention time is about 1-2 days only. This system
is reported to be efficient for treating high organic load, but
the capital cost would be comparatively high.
c
Aerated lagoon is a shallow water tight pond of about
2-3 metres depth with a detention time of about 4-6 days.
Fixed or floating type surface aerators are provided to
transfer oxygen from atmospheric air to the effluent for
biological treatment using micro-organisms under aerobic D
conditions. The system is suitable for treating low organic
load.
Extended aeration systems like 'activated sludge process' and 'oxidation ditch' are the improved aerobic biological treatment systems occupying less land area since the
E
detention time/capacity would be only about 1-2 days.
These units require secondary settling tank and sludge recirculation arrangements. Extended aeration systems are
proved to be efficient. The operational and maintenance
cost is comparatively high for smaller installations, but
economical for treatment capacity of 150 M3 and above per F
day."
A study of the conditions prevailing at Jajmau, Kanpur was
made by the Sub-Committee on Effluent Disposal constituted by the
Development Council for Leather and Leather Goods Industries along
with the various tanneries situated in some other parts of India and in G
its report submitted in April, 1984, the Sub-Committee has observed
in the case of the tanneries at Jajmau, Kanpur thus:-
"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 disH
294
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c
SUPREME COURT REPORTS
[1988] 1 S.C.R.
charged to the common drain/the river Ganges. There are
60 tanneries in Jajmau which will be covered under joint
effluent disposal. The total production is to the tune of
12000 hides with a total discharge of 5 million litres per
day. 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 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."
There is a reference to the Jajmau tanneries in 'an Action Plan
for Prevention of Pollution of the Ganga' prepared by the Department
of Environment, Government of India in the year 1985, which is as
D under:-
IE
G
H
"1.1 The Ganga drains eight States Himachal Pradesh,
Punjab, Haryana, Uttar Pradesh, Rajasthan, Madhya
Pradesh, Bihar, West Bengal and the Union Territory of
Delhi. It is also the most important river of India and has
served as the cradle of Indian Civilization. Several major
pilgrim centres have existed on its banks for centuries and
millions of people come to bathe in the river during religious festivals, especially the Kumbhs of Haridwar and
Allahabad. Many towns on the Ganga, e.g., Kanpur.
Allahabad, Patna and Calcutta have very large populations
and the river also serves as the source of water supply for
these towns. The Ganga is, however, being grossly polluted
especially near the towns situated on its banks. Urgent
steps need to be taken to prevent this pollution and restore
the purity of river water.
2 .0. Sources of Pollution
2.1 The main sources of pollution of the Ganga are the
following:-
Urban liquid waste (Sewage, storm drainage mixed
with sewage, human, cattle and kitchen wastes carried by
drains etc.)
-
-
I
,. .. .(
\
M.C. MEHTA v. U.0.1. [VENKATARAMIAH, J.)
295
Industrial liquid waste
Surface run-off of cultivated land where cultivators
use chemical fertilisers, pesticides, insecticides and such
manures the mixing of which may make the river water
unsafe for drinking and bathing.
Surface run-off from areas on 'Yhich urban solid
wastes are dumped
Surface run-off from areas on which industrial solid
wastes are dumped
4.4.12 Effluent from industries:
A
B
c
Under the laws of the land the responsibilty for treatment of the industrial effluents is that of the industry.
While the concept of 'Strict Liability' should be adhered to D
in some cases, circumstances may require that plans for
sewerage and treatment systems should consider industrial
effluents as well. Clusters of small industries located in a
contiguous area near the river bank and causing direct pollution to the river such as the tanneries in Jajmau in Kanpur
is a case in point. In some cases, waste waters from some E
industrial units may have already been connected to the
city sewer and, therefore, merit treatment along with the
sewage in the sewage treatment plant.