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The Bombay High Court has ordered Fadnavis Government to ensure a pollution free “Godavari.” Land mark directions have been issued to Nashik Municipal Corporation in order to curb the pollution level of the water body. Godavari River is the main source of fresh water supply to Nashik. The river became highly polluted because of the KumbhMela held in Nashik in 2015.
Justice AS Oka and Justice AK Menon have passed several directions in order to minimize the pollution level. They have also mentioned that India’s First Prime Minister Pt. Jawaharlal Nehru had glorified the essence of river Ganga and had signified its rich social and cultural heritage. He had also mentioned that Ganges is an epitome of an incredible and diversified India.
The court had passed interim orders and National Environmental Engineering Research Institute had played a vital role in providing various short- term and long- term measures. It had ordered the citizens to take preventive measures during festivals by not throwing garbage into the river and preventing discharge of the industrial waste. It also ensured to set up Sewage Treatment Plants in order to prevent discharge of untreated waste into the river. It also ordered that it is the prime duty of the citizens under Article 51-A to cooperate with the authorities in keeping the river clean.
Nashik Municipal Corporation has been directed by the court to ensure that ponds are available during festivals for immersion of the idols; this way the pollution level of the river could be controlled. In the case of M.C. Mehta V. Kamal Nath and Nature Lovers Movement v. State of Kerala and Ors the court held that the doctrine of public trust is applicable in the country.
The court in its Judgment mentioned that-
“Right to live in a clean and pollution-free environment has been held to be a part of Article 21. Moreover, right to have clean drinking water is also a fundamental right which is guaranteed by Article 21. This is in the context of the fact that the the water in River Godavari is a source of water supply to the said Corporation area and nearby villages. The right to live a dignified and meaningful life is also an essential part of the bundle of rights guaranteed by Article 21. If the rivers are polluted and pollution is created in and around the rivers, the fundamental right of living a dignified and meaningful life of the citizens is defeated. The fundamental right to live in a pollution free atmosphere is also violated.”
Thus, the court has directed to set up a redressal mechanism in order to combat the pollution and to create a River Regulation Policy. NMC has also been directed to display boards at strategic locations mentioning about not throwing garbage in the river and creating awareness
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