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Judgment
A.A. Desai, C.J. and M.C. Jain, J.—On 16.4.2001, a news-item appeared in Hindi newspaper "Dainik Jagran" reporting the calamity of Naini Lake. On this basis thereof, we issued notices to authorities, namely, Lake Region Special Area Development Authority. Nagar Palika Parishad, Nainital (Municipal Board), Kumaon Jai Sansthan, Public Works Department and District Administration as they have been charged with duty to maintain the lake. Various deficiencies, defects and defaults have been pointed out to them from time to time.
We have to-day heard learned Advocate General, Shri U.K. Uniyal on behalf of Lake Region Special Area Development Authority, Shri Nand Prasad Counsel for the Nagar Palika Parishad, Shri M. S. Pal on, behalf of President, Ghora Chalak Sewa Samiti, Ghora Stand, Malli Tal, Nainital, Shri M.M. Ghildiyal on behalf of Jal Sansthan and Shri Sanjay Kaushik, learned amicus curiae.
During the course of hearing, we noticed certain activities, which are seriously dangerous for preserving the quality and quantity of lake and its water. They have been pouring impurity into the water of the lake. We have been informed that the water of lake is the principal source for domestic consumption. We are constrained to observe that the authorities have not addressed to the problem with the desired seriousness.
ORDER
We, therefore, hereby direct the Nagar Palika Parishad, Nainital (Municipal Board) through its Executive Officer to strictly prohibit:
(a) swimming, bathing and washing in the lake;
(b) horse stand and horse riding in the vicinity of the lake;
(c) passengers/tourists from carrying any eatables or drinking material while boating in the lake. Necessary check post be installed to prevent tourists/passengers from carrying any eatables or drinking material;
(d) discharge of any waste disposal of building or structure flowing in the lake;
(e) human habitation of the tribals who have erected their hutments/tents near Naini Devi temple and their morning ritual around the lake;
(f) derogatory'' human activities inside the lake;
(g) waste water of ''Parda Dhara'' flowing into the lake.
All measures indicated by us above be completed by the Municipal Board within 72 hours.
We direct the District Administration through District Magistrate, Nainital, and Department of Police through Senior Superintendent of Police, Nainital, to exercise strict vigil on the prohibitions indicated by us. They are to be enforced in absolute terms. Any default or lapse by any officer shall be viewed very seriously.
Learned Counsel for the Municipal Board made a statement before us that waste of the public toilet flowing to the lake has been completely checked and also made a statement that waste water of ''Parda Dhara'' will be diverted into the drainage within three days and the work is in progress.
Learned Counsel for the Municipal Board further made a statement that ''Ballia Nala'' is one of the hazardous source of pollution. According to him, it is the responsibility of the Public Works Department to maintain it. However, they have neglected the same. The learned Advocate General appearing for the Public Works Department made a categorical statement that they are looking after the matter and taking every step and measure to maintain the same properly so that it may not cause any adverse affect on the purity of water in the Naini Lake in any manner. In this regard, learned Advocate General proposes to file affidavit by 25.5.2001.
Shri M. M. Ghildiyal, appearing for the Jal Sansthan made a statement that on physical verification it is noticed that wastewater of Gurudwara, as also of Naini temple does not flow in the lake.
Shri U. K. Uniyal, on behalf of the Lake Region Special Area Development Authority (precisely the Authority) has filed copy of notice dated 10.5.2001. Perused the same. What action taken pursuant to these notices is not disclosed? The Authority was created pursuant to U.P. Special Area Development Authorities Act, 1986 for special development of the notified area u/s 3 of the Act. The Authority is charged mainly with the function to promote and secure development in a planned manner. By Government Notification dated 21.10.1989, the Authority, in pursuance to Section 3 of the Act has, inter alia, been assigned the work of well-planned progress of lake region. During the course of hearing, we have been pointed out that certain tin structures identified as (1) Bend House (Nagar Palika), (2) Governor''s Boat House Club, (3) Sitapur Eye Hospital. (4) Kwality Restaurant, (5) Nagar Palika Library and (6) St. Joseph''s Boat House, have been standing on the foundations installed inside the lake. Obviously, the constructions are not beneficial to the special development or progress of the lake region in any manner. On the contrary, they are more derogatory to environmental excellence and also to natural beauty of the lake. Furthermore, they are capable of being potential source of water pollution. We are reported that in 1996 the special plan was brought into being pursuant to the provisions of the Act of 1986. The Authority has not taken any step so far to remove these structures.
ORDER
We hereby direct the Secretary of the Authority to offer explanation as to how these structures, though derogatory to the very objective of the Act, are allowed to continue to exist. The Secretary, Lake Development Authority, shall file detailed affidavit within 72 hours.
List on 26.5.2001.