[Pollution in Gomti] Allahabad High Court orders Personal Presence of Municipal Commissioner of Lucknow Nagar Nigam

The Allahabad High Court last week directed the Municipal Commissioner, Nagar Nigam, Lucknow to appear in person before the court in the Public Interest Litigation pertaining to the issue of discharge of untreated sewage water into river Gomti.

Taking a serious view of the absence of the counsel for the Lucknow Nagar Nigam who was to respond regarding certain issued in the matter, the bench of Chief Justice Rajesh Bindal and Justice Rajnish Kumar observed, "It shows recklessness and negligence of the local authorities regarding pollution of river Gomti".

Therefore, while rapping the department, court sought personal presence of the Municipal Commissioner on the next date of hearing in the case, i.e. October 19, 2022.

Further, regarding the State government's response as sought on July 21, 2022, regarding sanction of prosecution against the guilty officers, who have been found indulging in violation of various environmental laws, the court observed that the counsel for the State sought more time to produce certain letters rejecting the request for sanction of prosecution.

To this, the court said that it was nothing but an attempt to "ensure adjournment of the case and wastage of Court's time".

Court pointed out that "any document sought to be placed on record has to be filed by way of affidavit and not by putting the papers across the table".

With the abovesaid observations and direction, court adjourned the matter till October 19. 

On August 23, the court had noted that the sanction sought for prosecution of certain officers of Nagar Nigam Lucknow was pending since September 23, 2019 and also there was nothing on record to show whether the sanction had been granted or not. In view of the same, the court had asked the counsel for the state to file a response to the same. 

The sanction for prosecution has been sought against Dr. Indramani Tripathi, Commissioner, Nagar Nigam, Lucknow, S.P. Singh, Chief Engineer, Nagar Nigam, Lucknow, Pankaj Bhushan, Environment Engineer, Nagar Nigam, Lucknow, S.K. Gupta, General Manager, Gomti Pollution Control Unit, U.P. Jal Nigam, Lucknow and Saurabh Srivastava, Project Manager, Sewage Treatment Plant, Daulatganj.

The PIL pertains to pollution in river Gomti at different places by different sources including the discharge of effluents by the sugar mills and other entities, the drains through which untreated effluents and sewerage water are being discharged and the dumping of solid wastes by the Municipal Corporation at the riverside.

Case Title: Sewage Treatment Plant Lucknow through Narendra Kumar v. State of U.P. and others