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In a public interest litigation of 2006 highlighting that there is still no improvement in the quality of water of rivers Ganga and Yamuna, the Allahabad High Court last week issued an array of directions to the state officials. 

The bench of Justice Manoj Kumar Gupta, Justice Siddhartha Varma and Justice Ajit Kumar also asked the Directors of Indian Institute of Techonolgy, (IIT) Kanpur and Benaras Hindu University (BHU) to assist the Court in getting the river water samples tested as UP Pollution Control Board's sample test reports were disputed. 

The Court has asked the two Directors to submit their report in a sealed cover directly to the Court itself on or before the next date of hearing of the matter, i.e. November 12. 

Categorically dealing with various aspects of the matter, the Court noted that the Managing Director, UP Jal Nigam, Lucknow had admitted that out of 74 drains/nalas in city of Prayagraj, 48 are untapped and 10 are temporarily tapped. 

Therefore, the Court asked the Additional Advocate General to apprise the Court of the steps taken in this regard on the next date.

Also, earlier it had been complained before the court that due to non-functioning of sewerage treatment plants at night time, sewerage water is being directly discharged into the rivers at night.

In response, an affidavit was filed by the Chairman, U.P. Pollution Control Board, Lucknow in February last year stating that though generally samples are not taken after sunset and before sunrise but when a sample was taken in that time window, the test report showed no remarkable variation.

To this, stressing that the said conclusion merely on the basis of report of a single sample is unacceptable, the court directed the U.P. Pollution Control Board to take samples from the two rivers at night at different times on a regular basis and to file a comparison test report with the test reports of samples drawn during day time.

Addressing the issue of cremation at the Ghats, the Court directed the Nagar Ayukt, Nagar Nigam, Prayagraj to forthwith make proper arrangements for non-stop running of electric crematoriums including proper backup arrangement for power supply, basic amenities for sitting, drinking water and toilets.

The Court said,

"It is high time that the Government and Nagar Nigam should act in coordination with each other in improving the quality of infrastructure of electric crematoriums so that more and more people are attracted to avail the said service instead of burying the bodies on open ghats, adding to the gradual depletion of forest cover and pollution in the two rivers."

Further, regarding unauthorized construction along river beds, the court sought personal affidavit of the General Manager, Irrigation Department giving complete facts in respect of the construction of the canal in the bed of the river Ganga which was allegedly washed away during recent monsoon.

It was contended by the amicus in the case that the incident had disturbed the entire eco-system of the river Ganges, apart from resulting in wastage of precious public money.

It was also pointed out that at Lalita Ghat, Varanasi, a pukka platform is coming up along the river Ganges as a part of Kashi Corridor Project about which various experts have opined that it will not only destroy the ecosystem of the river but will enhance pollution by creating artificial barrier where there would be stagnant water.

The Court has directed the Vice Chairman, Varanasi Development Authority and District Magistrate, Varanasi in this regard to file their personal affidavits giving details of the pukka constructions and two other allegedly illegal projects.

The Court directed in the personal affidavits, that it shall also be clarified that in case there is any such project, whether approval of NMCG was taken in respect thereof or not.

Furthermore, noting that the state governments had already issued notification prohibiting use, manufacture, sale, distribution, storage, transport, import and export of all kinds of plastic carry bags of thickness less than 50 microns, the Court, however, observed that the said notification is not being implemented in its true spirit.

Therefore, it directed the Commissioner, Allahabad Division, Allahabad to constitute a team comprising of an official of district administration not below the rank of A.D.M., officer of the police not below the rank of S.P. and officer of Nagar Nigam to supervise and implement the ban.

Cause Title: Re Ganga Pollution v. State of U.P. and Others