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It is also believed that a mere touch of the river can help attain moksha (salvation) and so the ashes of the dead persons are immersed in the sacred river so that the dead attains moksha (gange tav darshanarth mukti).

Beginning with the significance of river Ganga for the country, Allahabad High Court today refused to interfere with the tendering process and award of contract in National Mission for Clean Ganga (NMCG) project.

The Division Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh, held that,

“Mission Namami Gange has huge public importance. Delay in implementing the project would not only escalate the cost but also obstruct the objective of reducing and abating the pollution level in river Gomti, which has been referred to as a stinking drainage in Lucknow City.”

“Looking at the large public interest involved, even if it is assumed that there has been some technical and procedural aberration in awarding the contract in favour of respondent No.4 but since, same has been without any malafide or arbitrariness, public interest would demand that such aberration is to be ignored,” the Court added.

The Backdrop of the Matter

To make river Gomti in Lucknow clean so that its flow into river Ganga is pollution free, a tender for project of construction of sewerage network of STP (Lucknow) was sanctioned in March, 2019 by NMCG.

The project is to be executed through U.P. Jal Nigam, an agency of State Government.Tenders for the above works were accordingly invited.

The present writ petition has been filed by the petitioner, whose bid was thrice not found responsive as having not met the technical qualification criteria, by the authorities. The Petitioner prayed before the Court to quash the earlier proceeding and to open the price bid of the petitioner again.

Significant observation of the Court

Stating that according to the Statutory notification that was issued under Section 3(3) of the Environment (Protection) Act, 1986  , the NMCG is the ultimate authority to review, approve and monitor the overall execution and implementation of the tender in question, Court held that there has been no arbitrariness or malafide or illegality in the finalization of the tender in favour of one of the respondent in the case.

While refusing to interfere, the court made several significant observations about the plight of river Ganga and the importance of NMCG program.

“It is believed that it flows from all the three worlds - Heaven/Swarga, Earth/Prithvi, and Hell/Patala. In Hinduism, the holy River Ganga is personified and personalized as Goddess Ganga. People believe that bathing in the pious Ganga can help wash all sins,” the court highlighted.

Court has also said,

- “Despite being the lifeline of the nation, having been worshiped, providing sustenance to large population, over the time river has become highly polluted. According to the studies, it is one of the most polluted rivers in the world.”

Stressing that industrial practices, population growth and harmful religious activities are plausibly responsible for high level pollution of the river, the Bench highlighted the need of the hour and said,

“The future of this nation to large extent will be depending on health and well-being of this river. It is, therefore, imperative that every effort should be made to revive the river and make it pollution free. Prime Minister, Narendra Modi after getting elected from Varanasi Parliamentary seat in May, 2014 said " It's my destiny to serve Maa Ganga"

“In 2014, the Government has come out with a Flagship Programme 'Namami Gange', an Integrated Conservation Mission, to accomplish twin objectives of effective abatement of pollution, conservation and rejuvenation of National River ‘Ganga’,” Court added.

Court went on to further describe the significance of this move of the present Government,

“The government’s Namami Gange Programme has revitalized India’s efforts in rejuvenating river Ganga. Critical sewage infrastructure in 20 pollution hotspots along with the river and cleaning of its tributaries is underway. River Gomti is one of the tributaries of river Ganga. River Gomti is very highly polluted,” court said.

Discussing the authority of the NMCG in the present matter where the project was focussed on to clean river Gomti, the Court stated,

“Several strategies are being evolved and implemented under the Mission to see that the river is rejuvenated and becomes pollution free. National Mission for Clean Ganga (NMCG) is the implementing agency of Namami Ganges Programme. NMCG is treated as an authority with statutory powers under Environment Protection Act, 1986.”

Court’s order

Dismissing the petition in question, the Bench has directed the respondents to proceed with the execution of the work in all earnestness and promptness. The order was reserved in July, though was pronounced today.

“….so that pollution in river Gomti is controlled and abated, consequently pollution in river Ganga would also get abated, which is the main objective of 'Namami Gange Mission,' Court has concluded.

(Case Title: M/S Geo Miller & Co. Pvt. Ltd. Thru. Director v. U.P. Jal Nigam, Lucknow Thru. General Manager & Ors. )