Ajay Gautam vs Union Of India & Others

Ramesh Ranganathan, CJ

The counter affidavit, filed on behalf of respondent nos. 2 & 3, is taken on record.

A letter addressed by Sri Ajay Gautam has been treated as a writ petition. In the said letter Sri Ajay Gautam states that the failure of various State Governments to take necessary steps has resulted in contamination of the River Ganges rendering it unsafe for performance of religious rituals by Hindus; and, on account of water being stored in two major dams (Alaknanda & Tehri), there is depletion in flow of water into the River Ganges, more particularly at religious places like Haridwar, Rishikesh etc. On the basis of the said letter, the reliefs sought for therein have been classified separately, and are as detailed in prayers b, c & d which read as under:

"b. Issue an appropriate direction to the State of Uttarakhand & Union of India to maintain quality of water at least to the extent it is safe for performing religious rituals by Hidus ad followers of other religions, in rivers Maa Ganga and Maa Yamuna and their tributaries.

c. Issue an appropriate direction to the State of Uttarakhand and Union of India to release/maintain of sufficient flow of water in the above named rivers (throughout the year) so that worshipers/believers/Hindus can perform various rituals including last rite and rituals after last rite of the worshipers/believers/Hindus.

d. Issue an appropriate direction to the State of Uttarakhand and Union of India to release/maintain sufficient flow of water in the above named rivers (throughout the year) so that rivers are rejuvenated & are fit for performing various rituals by the worshipers/ believers/ Hindus like Aachmen to Snaan ( Shodash Senskar Etc.)"

In so far as prayer (b) is concerned, the State of Uttarakhand has filed a detailed counter affidavit regarding the measures taken by them for waste water management, and have furnished details of the status of sewage generation and its treatment at Haridwar, Rishikesh, Muni-ki-Reti, Tapovan, Devprayag, Kirtinagar, Srinagar, Rudraprayag, Karanprayag, Nandprayag, Gopeshwar-Chamoli, Joshimath, Badrinath, Uttarkashi & Gauchar. The counter affidavit also details the steps taken by the Government for construction of Ghats and crematoria; regarding forestry intervention, and to control pollution in the River Yamuna also.

From the counter affidavit, it does appear that some steps have been taken by the State of Uttarakhand to improve the quality of the water in the River Ganges. As the Court lacks expertise, in such matters, the question, whether the steps taken by the State Government would suffice to improve the quality of water in the River Ganges, to the standards sought for by the petitioner for performing religious rituals, are incapable of specific determination in proceedings under Article 226 of the Constitution of India.

Suffice it to direct the State Government to continue their efforts in ensuring that the quality of the water in the river ganges is improved, if possible, to the extent it is capable of being used for performing religious rituals. Prayer (c) and (d) would require this Court to regulate the storage of water in the dams in Uttarakhand, and its periodical discharge. Water is stored in these dams to cater to the irrigation needs of the people of the State, besides generation of electricity. Issues such as how much water should be stored in these dams, how much should be discharged and when, are again matters in the executive realm, and are all matters regarding which this Court lacks expertise. Suffice it, in such circumstances, to dispose of the writ petition directing the State of Uttarakhand to take all such measures as are necessary to maintain the purity of the River Ganges.

Miscellaneous application (IA No. 2555/2019) stands disposed of. No costs.