Ensure Godavari river is not polluted: Bombay High Court tells State government

The Bombay High Court on Tuesday, passed a slew of directions, to the State government and Nashik Municipal Corporation, for the rejuvenation of river Godavari. It also asked them to keep the river free of pollution. The judgment has placed a lot of responsibility on the general public to ensure that the river is free of pollution, in addition to holding that it is their Fundamental Right to live in a pollution-free environment.

A division bench of Justice Abhay Oka and Justice A K Menon said, "River Godavari is the second longest river in India after river Ganges. It is popularly known as 'Dakshin Ganga' (Ganges of the south). Godavari is one of the main sources of water for Nashik. One of the reasons for the river's pollution is the failure of a large number of citizens to perform their fundamental duties under clause (g) of Article 51A. Citizens must fulfil their duties of protecting and improving the environment."

The authorities have been asked to prepare and implement a comprehensive awareness programme for citizens to perform their fundamental duties. The Nashik Municipal Corporation has been told to take help from NGOs, as well as schools and colleges, for implementing such awareness programmes. The assistance of law colleges and the District Legal Services Authority should be sought to organise seminars or street shows. The bench further suggested that display boards should be put up at strategic locations calling upon the public to not throw garbage into the river.

Relying on the doctrine of public trust, the court held that the state and its agencies, have a duty to protect natural resources such as water bodies, rivers, seashores, for the enjoyment of the general public. Thus, it let the State-appointed committee, under the chairmanship of the divisional commissioner, to monitor the steps taken to reduce river pollution. The police has been asked to continue with its Godavari Protection Police Squad to keep a check on offenders polluting the river.

During festivals like Ganeshotsav, Navaratri and Kumbh Mela, the authorities have been asked to ensure that the river does not get polluted. The court passed the order while hearing a petition filed by one Rajesh Pandit.

The court also directed the setting up of a grievance redressal mechanism for citizens to complain online about alleged violations. Even annoynomus complaints will be entertained and a separate website will be started by the committee to receive the same. The court has also asked the state to consider having a river regulation policy within four months.

PROACTIVE STEPS

• Authorities have been asked to prepare & implement an awareness programme 
   
• The Nashik Municipal Corporation has been told to take help from NGOs
   
• The bench suggested display boards at strategic locations calling upon the public to not throw garbage into river