Meera Shukla vs Municipal Corporation, Gorakhpur & Ors

This application has been filed by the State of UP for modification of direction of this Tribunal vide order dated 30.03.2022, while dealing with the issue of contamination of water bodies in and around Gorakhpur, UP. Grievance of the applicant considered by the Tribunal has been stated inter alia as follows:

“…..

According to the applicant, contaminated water results in Entero Virus (EV) which is brain fever, similar to Japanese Encephalitis (JE) and Acute Encephalitis Syndrome (AES). Gorakhpur has history of death of hundreds of children at BRD Medical College, Gorakhpur though majority of patients may come from different parts of eastern UP and Bihar outside Gorakhpur. Such disease at times proves fatal and if patient survives patients suffer serious mental disabilities. Sources of virus are also said to be piggeries, water birds and livestock which is further accelerated by contaminated water. However, water pollution is certainly source of various diseases even apart from the said diseases and is thus made punishable criminal offence under the Water Act, 1974. It is a matter of regret that enforcement of law in this regard has been and continues to be highly inadequate, to the prejudice of public health. Remedial action required is prevention and control of industrial pollution, sewage management, removing encroachments, enforcement of Solid Waste and Bio Medical Waste Rules for which orders have already been passed in detail on earlier hearings.”

After referring to several orders passed by the Tribunal in the last about eight years and finding continuing non-compliance by the State Authorities, the Tribunal directed:-

“1to12…..xxx……………………….xxx……………………………….xxx

To sum up, our directions are:

i. Comprehensive action plan may be put in place under the supervision of the Chief Secretary covering all aspects of preventing and remedying pollution to be executed by a special task force which needs to be constituted with defined responsibilities and monitorable parameters preferably within one month. The Chief Secretary, UP may undertake visit to Gorakhpur personally to take stock of the ground situation with other concerned officers/stake holders at the earliest. Thereafter, execution of action plan may be monitored by a special cell attached to the Chief Secretary Office, in the light of time bound specific targets.

ii. The Chief Secretary may furnish a comprehensive report covering all the issues especially for Ramgarh tal, Ami and other rivers in quantifiable terms giving the status of compliance as on 30.06.2022 by 15.07.2022 with a copy to the Oversight Committee.

iii. We request Oversight Committee to continue to monitor the compliance measures in the light of orders of this Tribunal. The Oversight Committee may also give its report by 30.07.2022 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

iv. In the light of suggestion during the hearing, we also direct that a high level team headed by an Expert on Neurovirology may also undertake a visit to the area within one month, accompanied by nominees of Central Pollution Control Board (CPCB), Indian Council of Medical Research (ICMR), Animal Husbandry and Medical Health and Family Welfare Departments, UP. The Additional Chief Secretary, Environment Department, UP will act as nodal agency to facilitate such visit. He may organize the visit of the Committee within one month. Necessary expenses will be borne out of consent funds of the State PCB. District Magistrate, Gorakhpur may provide logistics at local level. The team may undertake study of the problem and suggest remedial measure which may include diagnosis and treatment strategies. The Committee would be at liberty to take assistance from any other expert/institution. The Committee may give its report to this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF within two months with a copy to the Chief Secretary, UP to enable the State Administration to take remedial measures in the light of the said report. We request Director, All Indian Institute of Medical Sciences (AIIMS) to nominate a suitable expert for this purpose within one week. The Additional Chief Secretary (Environment) UP may follow up with the Director AIIMS and other concerned for nominations forthwith.

v. NMCG may monitor compliance of terms and conditions applicable to the sanctioned CETP.

vi. CPCB may monitor functioning of STPs. It may also assess the performance of bio-remediation works being executed on different drains and location in terms of efficacy and in view of the revised guidelines of NMCG titled “Revised Monitoring Protocols for in-situ bio-remediation projects for drain treatment” and give further suggestions/recommendations for necessity and improvements and file its independent report.

vii. UP PCB may continue to monitor the rivers in question as well as Ramgarh Tal, particularly with reference to Fecal Coliform bacteria.

viii. UPPCB may ensure that industries in the catchment of the rivers and the Ramgarh Tal in GIDC do not discharge effluents into the water bodies and ensure compliance with conditions of sanction for the CETP by NMCG.”

In this application, the State has sought modification of direction (iv) on the ground that AIIMS does not have expert on Neurovirology. Learned Counsel for the Original Applicant submits that instead of AIIMS, an expert from National Institute of Mental Health and Neurosciences (NIMHANS) Bangalore may be appointed.

Accordingly, we modify the order dated 30.3.2022 and request Director, NIMHANS to nominate an expert on Neurovirology to head the high level team in terms of order of the Tribunal quoted above. The Additional Chief Secretary, Environment Department, UP may proceed further in the matter after coordinating with the Director, NIMHANS.

The IA is disposed of.

A copy of this order be forwarded to Justice SVS Rathore, former Judge of Allahabad High Court at Lucknow, the Additional Chief Secretary, Environment Department, UP, Director, NIMHANS, Director, AIIMS, CPCB, NMCG and ICMR by e-mail.