[River pollution] Reference sent to State Govt for sanction to prosecute erring officers still pending: UP Pollution Control Board tells Allahabad HC

In the Public Interest Litigation pertaining to the issue of pollution in Ganga and other rivers, the Uttar Pradesh Pollution Control Board recently informed the Allahabad High Court that reference sent to the State Government for sanction of prosecution against the officers of the various local authorities is still pending with the government and no response has been received yet.

The submission was made through an affidavit in response to the court's observation in an earlier order that the State Pollution Control Board had not been taking any action against any of the persons or authorities who are violating the provisions of various statutes dealing with pollution.

On the last date of hearing on September 26, the State Pollution Control Board had informed the court that sanction of prosecution of various officers had been sought from the State vide letters written a couple of days earlier.

In the batch of writ petitions essentially concerning the continued discharge of sewage effluent in the rivers and their cleaning, last week, the Union government, Central Pollution Control Board, State Pollution Control Board and Nagar Nigam, Prayagraj submitted their respective affidavits. 

The bench of Chief Justice Rajesh Bindal, Justice Manoj Kumar Gupta and Justice Ajit Kumar noted that as per the affidavit filed by the Executive Director (Technical) National Mission for Clean Ganga, Department of Water Resources, River Development & Ganga Rejuvenation, Ministry of Jal Shakti dated October 22, 2022, for different projects Government of India has sanctioned a sum of ₹2358.04 crores. 

The affidavit also stated that some of such projects have been completed whereas some are in the pipeline at different stages.

Further, regarding the affidavit filed by the Scientist 'E' & Regional Director at Regional Directorate, Lucknow, Central Pollution Control Board, the court observed that there are different norms fixed by the Ministry of Environment, Forest and Climate Change and National Green Tribunal for evaluating the functioning of a Sewerage Treatment Plant (STP). In view of the same, court asked the Additional Solicitor General of India to explain the same on the next date of the hearing. 

Moreover, the court noted that whenever this PIL is taken up for hearing, different departments and local bodies are represented by different counsel and there is no co-relation among them, which creates confusion.

Taking serious note of the same, court directed that in future, for the State as well as its instrumentalities only the Advocate General will assist the Court and file an affidavit. "The affidavit shall be of none else than the Secretary of the Ministry of Environment, State of Uttar Pradesh," Court ordered. 

Further directing that it will be Advocate General's duty to collect information from all the different local or autonomous bodies in the State and furnish the same in his affidavit, the court adjourned the matter till December 1, 2022. 

Case Title: Re - Ganga Pollution v. State of U.P. and others