LAM Group Assignment

Peoples Participation in Water

Resource Management

Group 6
Aayush Nagpal (abm 13025)
Kushagra Varshney (pgp 32244)
Lavanya Tottala (pgp 32234)
Snehal Chauhan (pgp 32209)
Nav Krishna Chaudhary (pgp 32215)

Introduction
Water is an important natural resource that shapes landscapes and is
essential for ecosystem functioning and human well-being. Currently, water
is a resource under considerable pressure. Of the total water resources
on Earth mere 3% of it is fresh and the rest two-thirds of the freshwater is locked up
in glaciers and ice caps. Of the remaining 1%, a fifth is in remote and inaccessible
areas.

Global climatic, demographic and economic changes have grave

consequences for people and the earth. Global change has added uncertainty
and could exert substantial effects on hydro fluxes and water cycles. Nutrients
such as salts and other chemicals are vital substances for humans and other living
organisms. But agricultural, industrial, and urban development have increased or
accelerated the input of those chemicals into the environment, which are often
transported through rain or snow, surface water, groundwater and other water
bodies, causing water pollution, unwanted algae growth, or damages to the health
of public and ecosystems.

What is water resource management?

Functions of water resources management are very intricate tasks and may
require many different activities conducted by many different stakeholders. The
following elements constitute water resources management:

Distribution: It is process of allocating water to major water users and

maintaining minimum levels for environmental and social use.

Planning for River basin: Formulate and regularly update the Basin Plan
involving stakeholder views on development and management of the
basin.

Peoples participation: Incorporating stakeholder participation for

decision making that takes into consideration the best interests of society
and the environment at large in the development and use of water
resources
 Pollution control: Managing a check on water pollution to reduce
industrial and agricultural discharge and minimize environmental and
social impact.

Monitoring: Even though laws such as The Water (Prevention and Control
of Pollution) Act exists, awareness and effective implementation is needed.
Monitoring systems should be in place to provide essential management
information and identifying and responding to non-compliance with laws,
regulations and permits.

Status of the problem (Indian Context)

The major issues concerning Water Resources Management in India can be

broadly classified into issues of water quantity and quality, for use in the domestic,
agriculture, industrial and service sectors. Looking at the present scenario, with
respect to these two angles, gives an idea of the existing problems and provides a
platform for improvement in terms of action at the policy.

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million hectares (2.45 % of the earths land mass) and its population is 1,027 million
based on the 2001 census, which is about 16% of that of the world. The renewable
fresh water resources of the country are 1,869 km year, which are only about 4% of
those of the world.

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utilizable
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The availability of per capita utilizable water based on 1991 population varies as 182
m3 in Sabarmati, 2,500 m3 in Mahanadi and 3,082 m3 in Narmada basins. The
utilizable water available in terms of per hectare of cultivable area is 1,244 m 3 in
Sabarmati, 8,320 m3 in Mahanadi and 7,669 m3 in Narmada basins (MOWR, 2002).
These disparities are very significant and have been the crux of national water
resources planning29.

Water disputes: In India these disputes add to the woes of effective water
management. A number of states are involved and distribution of water becomes
challenging.
Rivers under dispute States claiming over rivers
Krishna Karnataka, Andhra Pradesh & Maharshtra
Godavari Karnataka, Andhra Pradesh, Maharshtra, Odisha &
Madhya Pradesh
Narmada Rajasthan, Madhya Pradesh, Maharshtra & Gujarat
Cauvery Kerala, Karnatka, Tamil Nadu & Union Territory of
Pondicherry
Mandovi Goa & Karnataka
Vansadhara Andhra Pradesh & Odisha

Flood management: Floods are the most frequent to be faced in India, among all
natural disasters. The striking examples are floods in the eastern part of India,
Orissa, West Bengal, Bihar, Chennai and Andhra Pradesh in the recent past. As
reported by the Central Water Commission (CWC) under the Ministry of Water
Resources, Government of India, the annual average area affected by floods is
7.563 Mha. On an average floods have affected about 33 million persons during
1953 to 2000.

After the calamitous floods of 1954 a national programme of flood management was
launched. The Government of India has taken several steps for flood management.
Some of the important policies on flood management introduced were: policy
statement (1954), high level committee on flood (1957), policy statement (1958),
ministerial committee on flood control (1964), ministers committee on flood and flood
relief (1972); working groups on flood control for five-year plans; Rashtriya Barh
Ayog14, National Water Policy (1987), National Commission for Integrated Water
Resource Development (1996), Regional Task Force (1996), and National Water
Policy. The flood management strategies have to be more focused and targeted
towards the pre-defined objectives within a given time frame 30.

Drought management: The drought-prone area estimated in the country is of the

order of 51.12 Mha. The planning and management of the effects of drought appear
to have a low priority due to randomness and uncertainty involved in defining the
start and end of droughts. Additionally, most of the drought planning and
management schemes are usually launched after persisting drought conditions. After
normal rainfall starts government and public interest in drought-planning schemes
plummet.
Wetlands Conservation: Ramsar Convention on Wetlands define wetlands as:
"areas of marsh, fen, peat land or water, whether natural or artificial, permanent or
temporary, with water that is static or flowing, fresh, brackish or salt, including areas
of marine water the depth of which at low tide does not exceed six metres".
Government of India operationalized National Wetland Conservation Programme
(NWCP) in closed collaboration with concerned State Government during the year
1985/86. Under the programme 115 wetlands (Table 1) have been identified till now
by the Ministry which requires urgent conservation and management initiatives.

Wetlands conservation in India is indirectly influenced by a number of policy and

legislative measures. Some of the important legislations are the Indian Fisheries Act,
1857, the Indian Forest Act, 1927, Wildlife (Protection) Act, 1972, Water (Prevention
and Control of Pol1ution) Act, 1974, Territorial Water, Continental Shelf, Exclusive
Economic Zone and other, Marine Zones Act, 1976, Water (Prevention and Control
of Pollution) Act, 1977, Maritime Zone of India.(Regulation and fishing by foreign
vessels) Act 1980, Forest (Conservation Act), 1980, Environmental (Protection) Act,
1986, Coastal Zone Regulation Notification, 1991, Wildlife (Protection) Amendment
Act, 1991, based on UN Convention on Biological diversity 1992, Biological Diversity
Act, 2002 was enacted. National Conservation Strategy and Policy Statement on
Environment and Development, 1992, National Policy and Macro Level Action
Strategy on Biodiversity, 1999 are also formulated by Government.

Water resource management is of utmost importance. Industrial development in

sectors related to automobiles, chemicals, fertilizers, insecticides etc. are coming up
very fast in India and due to many reasons these are often held responsible for
polluting water. Less environmentally educated society, ineffective management, lack
of law enforcement, corporate hunger to earn more profit with less investment also
lead to chemical accidents and causing imbalance in sustainable development 31.

Status of the problem (International Context)

The growing demands placed on the global water supply alarm biodiversity and the
supply of water for food production and other necessary human needs. Water
shortages already exist in many regions especially in Middle East nations, with more
than one billion people without sufficient drinking water. The root of Syria crisis goes
down to water shortage. Further, 90% of the infectious diseases in developing
countries are transmitted through polluted water. At present, about 20% of the
world's population lacks safe drinking water, and nearly 50% of the world population
lacks basic sanitation (GEF 2002, UNESCO 2002). This problem is grave in many
developing countries, which discharge about 95% of their untreated urban sewage
directly into surface waters.

Global water issues have impact on other sectors, which requires multi-sectoral
solution:

Water and agriculture: By 2050 the total population to feed will be 9 billion, 2
billion more than todays. This will force to increase in agricultural production
by 50%. This will also have an impact on already strained water resources
and will require 15 percent increase in water supplies. The agricultural sector
is the largest consumer of water. Irrigated agriculture alone requires about 70
percent of total freshwater. Hence, water is becoming increasingly scarce as a
result of continued population growth, low groundwater supplies and water
quality issues32.

Water and energy: Even after all the technological advancement, more than
1.2 billion people face shortage of electricity. Water usage for energy accounts
for about 15% of global water withdrawals. Estimates show that by 2035,
consumption of energy will increase by 35% globally, and even if water use
will become more efficient, water consumption by the energy sector may rise
by 85%.

Water and sustainable cities: With more people migrating to cities in search
of jobs, their demand for integrated approaches to managing, water quality,
sanitation, drainage, water supply, drought & flood management, become
challenging. Cities in developing countries will double in next 20 years.

Water and disaster risk management: Water-related calamities account for

90% of all natural hazards, and their frequency and intensity is generally rising
due to changing global environment. Around 373 natural disasters killed over
 296,800 people in 2010. It affected nearly 208 million people and it cost nearly
US $110 billion.

Water and sanitation: 2.5 billion people do not have access to better
sanitation. Providing this requires integrated planning and management, and
most importantly a quality water supply. Distribution of limited water resources
to competing economic sectors will become very challenging in near future for
many countries.

UK also faces the problem of water management with increasing population. They
are taking several measures now to avoid future water related issues:

1. Drainage and Sewers: The Flood and Water Management Act 2010 has the
powers to change the law so that sewage companies will be responsible for
new sewers. Transferring the ownership of private sewers from individual
householders to sewerage companies has helped government in maintaining
the pipelines better.
2. Non-domestic water efficiency: The Enhanced Capital Allowance (ECA)
scheme for water encourages businesses to invest in water-efficient plant and
provides tax benefits. This means savings for the business and a positive
impact on the environment. This scheme covers a variety of technologies,
including water efficient taps, bio toilets and industrial cleaning equipment.
Waste and Resources Action Programme (WRAP) works on a number of
projects to improve water efficiency. It is helping Food & Drink industry to
reduce their use of water. Food & Drink industry uses 690 million litres of
water a day.
3. Leakage issues: Government is taking leakage issues seriously as part of
conserving the UKs water supplies. It is important for water companies to
reduce the amount of leakage from their systems. With the help of regulators,
England and Wales are successful in reducing leakage by 36% since 1994.
4. Water quality assessment: There is a dedicated regulatory authority The
Drinking Water Inspectorate which enforces water standards. It checks that
the water companies supply safe drinking water.
5. Consumer grievances forum: The Consumer Council for Water takes up
any complaint which consumers are not able to resolve on their own with
water companies.
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Water Laws - Local, National and International

With the time, the population of India grew drastically to 1.2 billion, which is 17% of
world population. Water resource present in India constitute to only 4% of global
resources. Now it is more important to manage water properly and protect from
pollution. From the Colonial time, laws exist which are concerned with conservation
and management of water in India. With the course of time, amendments are made
to existing ones and new Central and State level legislations are introduced.

All local, national & international water laws and policies determine how all
stakeholders (society, industries, government) play their respective roles in the
development and management of water resources.

Local Laws: States have passed various legislations to protect water resources in
accordance to their geographical conditions. Few State level legislations in India are
mentioned below:

Northern India Canal and Drainage Act 1873: The Act applicable to Utter
Pradesh, Punjab. All the rules related to construction of canal or drainage,
officer to be appointed, penalty on destruction of canals or drainages are
clearly mentioned in the Act. A person is liable to be 1-month imprisonment or
INR 50000 penalty or both if he does any of the following acts to any canal or
drainage-work without proper authority

o damages, alters, enlarges or obstructs interferes

o alters the supply of water in or out

o negligence in maintenance work by co-responding authorities

o improper distribution of water

o corruption

Madhya Pradesh Irrigation Act 1931

o Right to surface water

 Andhra Pradesh-Water Resources Development corporation act 1997

o It was passed by the Andhra Pradesh Legislative Assembly

o It discusses about irritation related projects like fisheries, drinking water

supply, industrial water supply, lakes, water related tourism

Maharashtra Management of Irrigation Systems by Farmers act,2005

o It extends to the whole of the State of Maharashtra.

Maharashtra Water Resources Regulatory Authority (MWRRA) Act, 2005

Arunachal Pradesh and Uttar Pradesh have adopted substantially the same
legislation

National Laws: Ministry of Water Resources (MoWR), The Department of Land

Resources, The Department of Rural Development are responsible for major,
medium, and minor irrigation, watershed management, Mahatma Gandhi Rural
Employment Guarantee Act (MGNREGA). Various Central level legislations in India
are

The National Water Policy of India 1987: It is formulated to develop water

resources and utilize resources optimally. It has been reviewed and updated
in 2002 and 2012.

Policy includes:

o Adaption to climate change

o Controlling ground water usage

o Planning and water resource management through dams, flood

embankments

o National Framework Law governing state and central bodies

o Regulating Inter-state river water basins

 o Demand management for drinking, industrial and other purposes

o Effective usage of water

Water Disputes Act 1956

o It is applicable only to interstate rivers

o Water distribution among states

o Water availability and quality maintenance

Model act 1998: Following acts have business impact for the industries which
handles disposal of waste water used in manufacturing or production process.

The Water Act 1974: The act is formulated to prevent and control pollution
caused by industries, agricultural and household activities. It specifies the
safe level of effluents in water to industries. Discharging waste water into
lakes, ponds, rivers etc. above this level is not allowed. Farmers are allowed
to use pesticides and insecticides up to certain level only. Usage of soaps and
detergents by household also creates water pollution. Foam generated by
usage of soaps is not dissolvable and this is cause for pollution. Central and
state pollution boards are formed. Whoever violates the act and are
responsible for water pollution are liable for 1-year imprisonment or fine. In
case of major damage imprisonment may get extended to 6 years.

The Water Cess Act -1971: Cess or fees is collected from specified
industries and other entities which consume water. Cess depends on the
amount or quantity of water consumed. An interest at rate of 2 percent will be
accrued if specified industries and local authorities fail to pay the cess within
the due time. Whoever doesnt follow act is liable to imprisonment which may
exceed to 6 months or penalty 1000 rupees or both.

The Water cess rules-1978

The Coastal Regulation Zone Notification-1991 11

International Laws: There are laws in most of the countries to protect water
resources, for effective management of sources of water.

US: Water resource law of US is concerned with regulation of environment, flood

control. This law is common to all jurisdictions in particular to water usage. US
groundwater law regulates usage of ground water based on hydrology and
topography of a particular area.

Canada: The law promotes effective and optimal usage of water resources for the
economic benefit of society as a whole and to protect environment. Protection
agencies for Water quality management plans programs to preserve, save, restore,
enhance quality of water.

Germany: It gives emphasis on effective usage of groundwater and surface water.

Water is not allowed to be extracted from ground beyond a certain limit. Duty is
imposed is order to prevent contamination of water which changes properties of
water to extent that water cannot be used for economic purposes. Hazardous wastes
from industries, chemical laboratories etc. should be treated before discharging into
water bodies. The law also encourages self-purification techniques for a process flow
and methods to save water by various methods as rain harvesting, construction of
dams.

Netherlands: Netherlands Policy Document on Water Management has both

qualitative and quantitative management of water resources. Primary objective is to
maintain a safe country by developing healthy water systems through controlling
pollution, proper use of ground water, designs to capture rain water to maximum.
License is issued to specific industrial sectors which are allowed to discharge into
water within safe levels. Industries are supposed to make payments for damaging
environment to higher extent. Plan to fight against pollution is to be submitted. Some
pesticides are restricted and some are allowed only up to certain level of usage. Any
institution or people who violates the law are liable for penalty.

Mexico: Mexico water law promotes sustainable development of environment

through effective utilization of water.
Singapore: As per policies of Singapore every drop counts as Singapore has very
less fresh water resources and it imports water (50% of total usage) from Malaysia.
Singapore follows Integrated water management approaches to attain self-
sufficiency. Reuse of water is planned very effectively and it contributes to 50 % of
total water usage. Desalination of sea water is also being done which accounts to 30
% of water which they use. They adopt various process to clean polluted river water,
effluent treatment, construction of new reservoirs. Water pollution is prevented by
educating people regarding laws and imposing fine on polluter.

Adequacy of Legal and regulatory measures adopted to control and

prevent the problem

India has a number of water laws but they are not implemented strictly. Initiatives to
tackle water pollution are not succeeded as compared to air pollution techniques.
The regulators are not given enough power to effectively implement the laws. People
must be educated regarding the existing water laws. There are many departments of
government which work for environmental regulation for the benefit of citizens,
society, country as a whole. These regulations impose costs on households and
industries to dispose waste in a responsible manner to promise good health to
everyone.

India has number of environmental laws, water act 1974 to fight against hazardous
level of water pollution. When Industry discharges its waste into rivers, ponds without
treating then people who use this water for drinking are affected. These water
resources are harmful to animals also. India has multiple number of government
offices (at the national and state level) that are designated to implement
environmental regulations. But in large these regulations are not implemented
effectively because of various reasons as corruption, mismanagement of funds.

These reports give insight into challenges in effectively implementing various

regulations in India. Implementing all these laws effectively is highly cost involved to
promise large improvement of public health. Handling large amount in a country like
India for these purposes is not easy. There is no systematic approach to record such
work by authorities and cannot be checked as the cleaning process is to be done on
continuous basis.

Because of ineffective implementation of these laws, there are many highly water
polluted cities in India. 13 out of 20 worlds highest water polluted cities are in India.
Instead of creating more laws we have to concentrate on proper implementation of
existing laws. People are to educated regarding the laws and importance of
protecting environment. Proper evaluation policy for the work done is also to be
created.12,13

Judicial Approaches to deal with problem with the help of High

Courts and Supreme Court Judgments

The judicial approach to deal with the problem of participation of people in water
management has been based on a few basic principles. The court has in the cases
of water pollution as a part of environmental justice, the courts have based
judgements on the principles of sustainable development, the precautionary principle
and the polluter pays principle (the principle of sustainable development includes the
principal of Inter-Generational Equity). The principle of sustainable development
means that we should use the finite resources of earth in such a way that the
succeeding generations have the same access to those resources as we had. It also
means that the development that takes place should be such that can be sustained
by the environment and the ecology. The sustenance can be with mitigation but the
important point is that the ability of the environment to carry the costs of future
development should not be diminished. The restriction in the sustainable
development doctrine is judged by the risk of harm to environment/ human health
and is decided in public interest on the reasonable person standard. The polluter
pays principle says that in principle those who are polluting the environment should
pay for it. It is to be ensured by imposition of cess, surcharges, fee for ruse of natural
resources, and fines for those who violate the laws. The precautionary principle
implies that if there is some activity to be done and there is suspicion to the fact that
the activity may involve environmental damage, then the burden of proof that the
activity is not harmful to the environment rests on the party doing the action. In the
cases of displacement of people due to hydro-projects etc. the courts focus has been
on proper rehabilitation and resettlement. Courts have focussed not only on
monetary compensation for land but also livelihood resettlement. As moving away
from a place where your ancestors have lived for generations is painful emotionally
for persons and it destroys your way of life and livelihood, so in these cases courts
have focussed on both factors of being settled in a new place/compensation and a
means of livelihood being available. The courts have also ruled that getting clean
water is a fundamental right under the right to life (Art. 21 of constitution). The courts
have also recognized environmental hazards as public nuisance. The rights of
people to freely carry on an occupation/trade is tempered by the right to protect
environment. No one can say that he will freely pollute the environment in natural
course of their business. The courts have also liberally allowed public interest
litigation on the issues of pollution/environmental damage when damage to the
society is evident or when the sufferers are in a financially/socially disadvantageous
position. Courts have also held that financial constraint cannot be a ground to deny
fundamental rights.

To specialize environmental litigation and to provide for expeditious disposal of cases

to related to environmental protection a special tribunal was created. The tribunal
was created in 2010 by an act of the Parliament and was named The National Green
Tribunal. The reasons given in the act for creation of the tribunal include satisfying
Indias international obligations to the Stockholm declaration June 1972 and UN
conference held in Rio de Janerio, 1992 on environment and development and
incorporation of right to healthy environment under the Right to Life. The NGT after
its inception has judged on many issues related to water pollution like Yamuna river,
fine on art of living etc. 16,17,18,19,21

We now describe few of the decisions of the courts:

Indian Council for Enviro-Legal ... vs Union of India and Ors. Etc 22

(WRIT PETITION (C) NO.967 OF 1989) A writ petition was filed by the above
mentioned organization on behalf of people living in vicinity of chemical industry. The
court observed that pursuit of profits has led people with means to show flagrant
disregard for law. The petition related to the Bichri village in Rajasthan. In its vicinity
plants were established for manufacture of H acid which was to be exclusively
exported. Its manufacture led to enormous quantities of ultra-toxic pollutants like Fe
and gypsum based sludge. This sludge was let out untreated in to the water and in
surrounding areas of the factory complex which led to the pollution of underground
water. The underground water became unfit for consumption of human, cattle or
even for irrigation purposes. The soil was rendered unfit for cultivation by the
pollution and this had devastating consequences for the local economy. In a previous
case Oleum gas leak case (1987 AIR 1086, 1987 SCR (1) 819) The Honble
Supreme Court has held that: when there is violation of fundamental/legal right of a
person/class of persons who are economically poor/ in a socially disadvantageous
position then any individual/social group can approach a court of law for justice via
writ petitions under Art. 226 or Art. 32 and also through a letter addressed to the
court/individual justices if the letter represents disadvantaged persons. The court
also refused to be guided by the rule in Rylands vs Fletcher wherein it was specified
that a person who keeps anything on his land which is likely to cause harm to others
and it escapes and damages other people then he is to pay compensation for the
damage caused. This rule was held to apply to only non-natural users of land or
when escape is due to act of god. The court then held importantly that any
enterprise engaged in hazardous industry has an inalienable duty to ensure that no
harm is done to the community on account of the hazardous activity undertaken by it
and it has to carry the social costs of carrying on the hazardous activity. The
permission to let the industry carry on with such activity is conditional to the fact that
any accident that happens must be accounted as an overhead cost. All those who
can be potentially be harmed by such activity must be indemnified and only on such
condition can enterprise of hazardous activity be allowed for profit. The court then
held an another important point that compensation must be related to the size and
financial capability of the industrial enterprise as the purpose of compensation is to
have a deterrent effect.23

The court decided that in this case the law in the oleum leak case was applicable
and that the rule in Rylands was not fit for Indian conditions. Once it was decided
that the law in the oleum leak case was applicable to the instant case the polluter
became absolutely liable for paying compensation for the harm it caused to the
village, to the soil and to the underwater and for the costs associated with the
measures to be taken to restore the soil and water to the condition before the
commencement of activity by the polluting industries. The Court also said that the
24
liability to pay can also be looked from the principal of polluter pays.

Vellore Citizens Welfare Forum vs Union of India & Ors 25

A public interest litigation was filed by the Vellore Citizens Welfare forum against the
pollution created by the discharge of vast quantities of untreated effluent by the
various industries onto waterways, agricultural fields, open fields and on the
sideways. All this discharged effluent finally makes its way to the river Palar leading
to the pollution of river at the surface and sub-surface level. This makes the water of
the river unfit for drinking and unfit for irrigation purpose as well leading to large
parcels of land becoming unfit for cultivation. Sufficient time and opportunity was
given to the tanners to install common effluent treatment plants by government but
no action was taken by them. Municipalities have not taken action available to them
under Water Prevention and Control of Pollution Act 1974 (6 of 1974). It was argued
by the tanneries that leather industry is a major foreign exchange earner for the
country and provides employment to lacs of people. Even though this was
acknowledged by the court, at the same time the court argued held that the leather
industry has no right to damage the environment, deprive the ecology of living
means and pose a general health hazard to all. The industry cannot expand or even
continue its present operations unless it tackles by itself the problem of pollution
created by it. The court further observed that the traditional view of development vs
ecology as opposed to each other is not acceptable in the present scenario. Only
sustainable development can provide the answer to the situation. The court referred
to the Stockholm declaration, 1987 Brundtland Commission and its report our
common future, 1991 document named caring for the earth by World wide fund for
nature, UN Environment Programme and World Conservation Union and the Earth
Summit held at Rio De Janerio in 1992. Sustainable Development has been
accepted by the international community to be a viable concept to reduce/eliminate
poverty and improve quality of life while being in limits of the carrying capacity of the
ecology. Sustainable development was meant to include the following by the court
Use and conservation of natural resources, Environmental Protection, Inter-
generational equity, the Precautionary Principle, Polluter Pays principle, Obligation to
assist and cooperate, Eradication of Poverty and Financial Assistance to the
developing countries. The court then held the polluter pays and the precautionary
principle to be essential features of sustainable development. Accordingly, the court
held the polluting industries to be absolutely liable for the loss caused by them to the
villagers. They had to not only pay compensation to the victims of pollution but also
for the restoration of to pay for removal of pollutants from the environment.

Tirupur Dyeing Factory Owners vs Noyyal River Ayacutdars Protection

Association20

A public interest litigation was filed by the Noyyal River Ayacutdars Protection
Association regarding pollution in the Noyyal river. The cause of the pollution was
attributed to dyeing and bleaching works by the textile industries in the Tirupur area
and then discharging of industrial effluents by the same industries. It was also
polluting the ground water, nearby reservoirs and other distributaries of the river. In
the instant case (CIVIL APPEAL NO.6776 OF 2009 @ SPECIAL LEAVE PETITION
(CIVIL) NO. 6963 OF 2007) The Honble Supreme court upheld the penalty on the
polluters and held that the polluters are responsible for not cleaning the
environmental damage caused by them. They were made responsible for cleaning
the dam and removing sludge. The court also held that due to the pollution a large
number of farmers have suffered as they could not cultivate any crop in their land.
The court awarded compensation to these families. The court derived its judgement
by applying the principles of polluters pay along with the principle of sustainable
development.

Subhash Kumar vs State of Bihar and Ors on 9 January, 1991 17

In this case Mr. Subhash Kumar filed a public interest litigation (1991 SCR (1)
5) with The Honble Supreme Court that West Bokaro Collieries and Tata Iron and
Steel Co were discharging effluent from their coal washeries. This effluent contained
surplus waste in the form of slurry and this was severely polluting the river Bokaro
and making the water of the river unfit for drinking and irrigation. The case was
dismissed with costs by the court on the ground that the litigation was filed for
personal interests instead of public interest. But The Honble Supreme Court also
held that the Right to Life under article 21 includes the right of enjoyment of pollution
free water and air for full enjoyment of life.
 Maili Yamuna15

In the year 1994, a news item was published in Hindustan Times about And
quiet flows the maili Yamuna, the Honble Supreme Court of India issued suo moto
notice to Delhi Jal Board, Noida authority and other authorities (writ petition no. 725
of 1994). Various orders were passed by the Honble Supreme Court in this matter to
have the effect of having clean water in Yamuna but the results of the work done by
the officials of the department had been summarily unsatisfactory. In October 2012
The Honble Supreme Court said that despite spending of thousands of crores of
rupees by the centre, state and local authorities pollution has increased on a daily
basis. As per the report of Central Pollution Control Board (CPCB) there has been
clear violation of the prescribed standards. The number of common effluent
treatment plants and sewage treatment plants have been inadequate. Yamuna has
almost become like a sewage carrying drain in the NCT, Delhi. In the case with the
National Green Tribunal a case was made by petitioners about the facts like
indiscriminate encroachments of the river bed, regulation of waste dumping
(municipal and other solid waste) was not done properly by the authorities, the
harms of blocking of drains, covering of urban drainage system. It was also
contended that the town planners in developed countries who had previously
permitted covering of open drains are now again reverting back to open drains. The
NGT gave various orders for the restoration of river Yamuna consisting of treatment
of sewage before being released in the river, no dumping of construction or solid
municipal waste, stopping of agriculture activities in the floodplain in NCT on the
principal of principles of Inter-Generational Equity and Comparative Hardship and
preservation, restoration and beautification of the river etc.

Role of Industry

When looking to address the important water resource management issues it

becomes imperative to look at the entire manufacturing system. Water as a resource
is basically used in 3 main areas: cooling water, manufacturing process and feed-
water to generate stream for the boiler system.

Integrated water management: It entails evaluating, assessing & optimizing all the
resources used for an entire site. For example, the condensate from the process
flows back into the boiler for the recovery of heat and water. The effluent or boiler
blowdown of the whole plant could be used as a cooling tower 4.

Water Resource Management: The foundation of most water resource

management approaches is conservation, or reducing the number of water
employed by up operations of existing instrumentation and processes. this might
entail understanding and preventing corrosion, scale and microorganism formation.
utilize deals with understanding the water quality needs for the water demand and
matching the waste matter from one space as makeup for an additional space.
A key part of water method management is characterization from a chemistry point of
view. for instance, efforts per unit area being created to recycle central water from
polyvinyl resin (PVC) producing. PVC producing uses deionized water within the
suspension process. In fact, for each pound of PVC made, a pound of deionized
water is employed just one occasion and so discharged.

One of the best issues concerning use this water is that the presence of residual
chemicals left over from varied stages of the assembly method. Typically, a free-
radical scavenger referred to as a shortstop is employed to extend the
polymerization reaction. If the shortstop remains within the water and finally ends up
within the front of the batch reaction, it will doubtless cause issues. Concentrations
as low as fifty elements per billion (ppb) of shortstop in water used for the
suspension process will have a prejudicial impact on product quality and productivity
4
.

Another example comes from the pulp and paper trade wherever, throughout the
pulping method (especially mechanical pulping), a major quantity of organics from
wood goes into the water and may doubtless cause a haul within the trade method.
it's tough to live these contaminants and to understand whether or not they are going
to be harmful to different processes.

Water quality needs area unit vital for the cooling water system, the boiler feed-
water, and therefore the producing method. The water quality needs, however, don't
seem to be terribly clear, and even the those who manufacture don't recognize the
precise quality needs. distinguishing water quality needs vital for the producing
method since matching them utilizes conservation associated utilize approaches that
find yourself being very cost-efficient for managing water on an industrial website.
However, once the water system changes, 3 major elements ought to be addressed:
chemicals, equipment, and operation. By ever-changing the chemistry it's doable to
handle the chemical contaminants. for instance, a trash-resistant compound has
been developed in order that additional organics are often handled within the trade
method and still turn out high-quality product. the opposite vital aspects of the
system area unit the instrumentation and therefore the operation. for instance,
transfer in sensing element technology and automating water treatment can build the
method additional viable as a result of it'll improve the utilize and use of the water
and reduce the number of harmful contaminants made.

A five-step approach was developed by Ondeo Nalco for site-wide integration of the
water resources. the primary step is scope development, that involves clearly
outlined goals and a close project set up, together with a time line and also the
resources needed. Then a plant audit is conducted to spot best practices. this can be
wherever 1st principles of chemical engineering are applied cherish mass and
energy balance for the water resources and contaminants. Technical and economic
analysis is then meted out to guage the different choices which may be obtainable.
following step is that the pilot study analysis wherever the foremost economically and
technically best resolution is set for a given web site. Finally, there's method
implementation. this can be not a further capital demand at the positioning, however
usually rather the implementation of excellent ideas.

Twenty-first century industrial water management and the role of membrane

separations technology

In sewer water treatment, a membrane bioreactor is combined with the clarification

membrane. This produces 0.5 the quantity of sludge and over 95 % removal of the
biological gas demand (BOD). High chassis is typical of contaminated water. terribly
top quality water is generated that may be recycled back to the cooling system or to
the Ro system.

For surface water, 50% of the new industrial water treatment in Europe is currently
supported membrane technology. the whole growth within the industrial phase this
year is concerning $2.5 billion in capital sales of membrane technology in industrial
water, excluding municipal use. The expense to the client within the producing sector
is $7 billion, and therefore the rate is concerning ten % annually. In viewing industrial
wants, it's vital to scale back the whole value of operation, improve the liability, and
improve the performance.
Industrial water management could be an extremely vital element of property
development. AN integrated approach to industrial water management will truly offer
an economical solution; chemistry, equipment, and operations, particularly
automation, play a major role. Chemical sciences ought to check out this tier as a
chance for brand new business, particularly the membrane separations
instrumentality space. there's tremendous growth to be created here, and it'll play a
vital role going forward in industrial water management.

Role of NGOs

NGOs are highly diverse organizations but all of them do share one common goal
which is that they arent focused on short-term targets, and, hence, they devote
themselves to long-term issues like climate change, human rights or malaria
prevention. In addition, public surveys state that NGOs often have public trust, which
makes them a useful proxy for societal concerns.

ENGOs are the NGOs that work directly to preserve the environment. There is a
direct linkage between protecting the environment and democracy in that democracy
enhances the protection of the environment (Holden, 2002). The ENGOs provide for
popular participation and influence in environmental politics (Holden, 2002). Their
influence is evident from the following two examples: (1) Greenpeace - 2.8 million
supporters worldwide (Greenpeace, 2003) and FoE - 1 million supporters (FoE
International, 2002). In the UK, there are about 4.5 million people that belong to
some sort of ENGO (Connelly & Smith, 2003, p. 85)

NGOs can be evaluated on the way they rate on the following parameters

Impact on the poor: One of the main objectives is the provision for benefits to the
poor. In majority of these projects significant benefits are received by the poor and
few benefits are obtained by the non-poor or by local elites. In most projects there is
no explicit objective to assist only the poorest of the poor. The intention rather is to
help the poor which generally made up the vast majority of people in the
communities which NGOs operated 1.

Usually the scale of the projects supported and the volume of benefits generated are
small enough not to create social tensions between beneficiaries and, for example,
local elites or other poor beneficiaries. There are, however, some notable exceptions
to this; for eg: 2 Oxfam projects in Orissa. Both of these projects led to the existing
social & economic structures within communities being challenged to the benefit of
the poor. The success of these two projects must be seen, however, in their wider
context. The approach adopted in India may not work in other less pluralist
countries, or in countries with repressive regimes.

External Environment: An important issue which frequently influenced the success

or failure of non-governmental organization projects is the external social and
economic context within which the project is operated in.

NGOs will offer help to poor people even in an exceedingly unfavorable scenario
within which governments are using political, social and economic policies to hinder
NGOs work. The risks, however, of project failure in such situations are highly
increased.

Quality of management: A key finding was that the standard of the management
had an important bearing on the success of the project. a typical theme that has
emerged is that NGOs strategic designing practices may be reinforced and their
project management may be improved, significantly within the observation and ex
post analysis of comes.

The role of teams: A common feature is that the formation of teams as a part of the
strategy to implement comes. The cluster is meant to become the vehicle for
collective and participative action. One drawback, however, typically encountered, is
1
that the members are part of the group

Participation: There has been a shift of stress towards a versatile and innovative
method approach to project style involving project participants at every stage so as
to maximize project impact.

NGOs usually are aware that it's an error to suppose that a community continually
has common interests which participation is just a matter of building and taking
account of those interests within the project style. Participation creates risks of
exacerbating conflicts between stakeholders, or taking part in into the hands of
powerful unconditional interests. The findings of the evaluations demonstrate that
there are potential edges and prices of participation. what's not nonetheless clear
from the results of analysis work, is that the type, scale and depth of participation
needed in several contexts, and in several styles of project, to realize more practical
development equal with the prices.

Sustainability: Sustainability may be a term that is employed by NGOs in an

exceedingly variety of contexts. Only a few of them will be institutionally and
financially self-sufficient in the close future, in the sense of having the ability to
square on their own feet unaided by the sponsoring NGO. Although, some may
become self-reliant within the sense that the activity sponsored, for instance rural
installation, had enabled folks to realize a property improvement in their health and
had helped native folks to try and do things for themselves, albeit the project to
create wells in an exceedingly explicit region wasn't institution-ally or financially
property while not continuing donor support. comes might thus be property within the
sense of accelerating the capability of the poor or native establishments to try and do
things for themselves, albeit the project itself cannot continue while not in progress
nongovernmental organization support. Also, some comes that weren't financially
independent, within the sense that project prices were larger than the projects
revenue, had however been ready to offer property edges to poor folks as a results
of a long-run money commitment created to the project by the nongovernmental
organization 2.

Replicability: The property of a project clearly includes a relating its replicability. The
evaluations counsel that almost all comes tend to own a slim project perspective.
express objectives to copy the project elsewhere tend to be absent from project
style. Replicability is commonly seen by NGOs as being on the far side the scope of
the project or, instead, the project could also be seen as being inappropriate to the
circumstances prevailing outside the boundary of the project.

NGOs and Developing Country Governments

NGOs typically get management} in an exceedingly means that retains their

independence from developing country government control. though some NGOs get
to influence the policies of developing country governments each at intervals and
outdoors their project work,
In several of the comes evaluated, the nongovernmental organization was providing
services that either the developing country government was unable to produce itself
or was rising the standard, coverage and delivery of existing services provided by
Government. None of the comes evaluated by ODA consisted of associate
intervention undertaken by associate nongovernmental organization to help
Government directly within the delivery of presidency services 3.

Role of Legal Awareness

Legal awareness is very important on part of companies to business successfully.

Awareness is the first step towards responsible conduct of business, and the lack of
it may lead to legal violations on part of the business. This in turn would invite
regulatory or legal action against the company, which may lead to fines and/or
ultimately closure of business.

Legal awareness is also very important among the public. If the public is well aware
of the norms and laws protecting it and the environment, it can protest against the
companies and business flouting these laws and polluting the environment risking
the public health and wellbeing. There have been many cases of such rampant
pollution, and some where the responsible and well aware members of the society
have stood up against such polluters. A few cases are mentioned herein to illustrate
that.

The public also has power over business as its sole end consumer. If the business is
consumer-based business, the public can influence its behavior and action by
insisting on buying products only from environmentally responsible firms, and
boycotting the products of polluters. If the business is a business-to-business firm,
the public can still influence its practices, by boycotting the products of its clients,
which in turn would force them to buy products from the firms more responsible
competitors.

Pollution in Ganga and its tributaries, and related Cases

Agreement of 1916

The effort to clean Ganga and decrease the river pollution first started around in
1905 when Madan Mohan Malviya led the establishment of Ganga Mahasabha,
which led to an agreement in 1916 on how much water should flow through the
weirs, dams and canals and the main stem of the Ganga River. Though after
independence, the sanctity of this agreement is not honored, even though it remains
valid.

This 1916 agreement was recently in news regarding the NDA governments stand
on the issue of Uttarakhands rivers, and the dams and hydroelectric projects on it.

The case arose when the Supreme Court, of its own volition, asked the central
government whether the tragedy of 2013, when thousands were killed in the flash
floods in the Kedarnath valley, was in any way related to the dams built on the
tributaries of Ganga in Uttarakhand. It asked to be provided a report by an expert
body. While asking the question, it directed the ministry of Environmental Affairs to
not grant environmental clearance to any new hydroelectric project in the state. It
found that dams on rivers had increased the severity of the disaster significantly.

After this the focus of the case changed completely. The court focused on specific
hydroelectric projects and whether to continue ahead with them or not. A new
committee was formed to see if these projects can be cleared, and with what
changes. The government directed the committee to consider the flow of water to
maintain an ecological and environmental sustainable flow as mentioned by in the
Agreement of 1916. This is the bone of contention, as to whether a 100-year-old
policy agreement can be justified to correctly convey the environmental flow limits.

So, as of now, life of millions of people in and around the hills of Uttarakhand and in
the Gangatic plains are dependent on whether the government justifiably refer to a
100-year-old document as the basis of the its stand. This also affects the six select
dams and their developers and the overall electrification and development of the
region. If there is legal awareness among the people, they can organize and give
voice to their demand in the Supreme Court, and influence the decision that would
26,27
affect them and their children of years to come.
Ganga Pollution Cases- 1985

Ganga Pollution cases consist of 2 that focused on the environmental pollution in

Ganga River Basin. The case, which is still continuing in the Indian Supreme court,
began in 1985. Concerned lawyers and citizens filled this case as a Public Interest
Litigation case against the polluters in India. These cases were heavily based on the
legislations already included in the Indian Constitution dealing with water resources
and rivers.

Indian constitution declares it a duty and responsibility of state and its citizen to
protect and preserve the environment and safeguard the forest cover and the flora
and fauna it contains. It is so mentioned in the Articles of Indian Constitution, unlike
in the case of American one. Government agencies have been established, by
legislations such as the Water Act and the Environmental Act, to oversee and
regulate the use of rivers, water bodies and other natural resources and develop
plans to control the pollution affecting them. Created by the Water Act, the Central
Pollution Control Board propose and regulate the environmental standards to be
followed the business, while State Pollution Control Boards check and inspect
industrial and waste water treatment plants. Provisions in the Constitution have also
helped public interest lawyers broaden the legal standing for environmental plaintiffs
and keep the issue of enforcement in public view.

However, these laws have rarely been used to target individual, corporate or
institutional polluters. Regulatory action gained some momentum only after the
Supreme Court of India began hearing public interest petitions in the late 1980s. This
occurred when public interest petitions began charging that pollution was implicating
a public authority who had been vested with the responsibility to prevent pollution but
was not sufficiently executing its powers.

The first of the Ganga Pollution cases were filled by M.C. Mehta, a noted Supreme
court lawyer. His works are one of the most exemplary but by no means the only
force for recent change in this area. In 1985, M.C. Mehta filed a writ petition in the
Supreme Court charging that, despite the many advances made in the legal code,
government authorities had neglected the issue of environmental pollution and had
not taken effective steps to prevent it. Mehta issued a writ of mandamus to restrain
leather tanneries in and around Kanpur and the municipal corporation of Kanpur
from discharging the industrial and domestic effluent in the river Ganga.
Subsequently, the court bifurcated the petition into two parts. The first dealt with the
industrial effluents from leather tanneries of Kanpur and the second with the
domestic wastewater and sewage from Kanpur Municipal Corporation. Called Mehta
I and Mehta II in legislative digests, these two became the "Ganga Pollution Cases"
and one of the most significant water pollution litigation in the short history of Indian
environmental law.

In the original writ petition of 1985 to the Supreme Court, Mehta requested the court
to order the leather tanneries of the Jajmau district of Kanpur to stop discharging
their untreated industrial effluents into the river. He also claimed that the domestic
sewage and wastewater, before being discharged into Ganga river, was not being
treated as was the responsibility of the Municipal Corporation of Kanpur. The petition
named eighty-nine respondents; among them were seventy-five tanneries of the
Jajmau district of the city, the Union of India, the Chair of the Central Pollution
Control Board, the Chair of the Uttar Pradesh Pollution Control Board, and the Indian
Standards Institute.

The results of this case were three landmark judgments and a number of Orders
against over fifty thousand polluting industries and leather tanneries in the Kanpur
area. Apart from industries, the municipal corporation or administrations of more
than 250 towns and cities have been ordered to put sewage treatment plants to
treat domestic sewage before its dumped into the river. A substantial success has
also been achieved by way of creating awareness among public and businesses
36,37
and controlling pollution in the river Ganges.

Public Campaigns against Polluting Businesses

1. Coca Cola in India: Of the 200 countries where Coca-Cola is sold, India is one
of its fastest-growing markets. But the parent company and its local subsidiaries
have been under a barrage of criticism and protest for the adverse environmental
impacts that the operation of its plants have had on the local populace and the
local ecosystem. There has been a growing outcry against Coca-Cola's soft drink
production and bottling practices in India. These activities are draining out huge
 amounts of public groundwater and turning vast green agricultural lands into
virtual deserts. The Indian farmers, whose livelihoods are being destroyed due
this scarcity of water, are fatally distressed, and the suicide rates among them are
growing at an alarming rate. For many years there has been one or another form
of protest, from large-scale demonstrations to small gatherings and peaceful
marches, against Coca-Cola's environmental abuses in India.

a. Bottling plant in Mehndiganj, Varansi: The areas around Mehndiganj in

Uttar Pradesh, where Coca Cola has a bottling plant, have been
experiencing severe water shortages. The protests against the company
have been going on for many years, organized by angry farmer and local
residents, who are suffering from severe water scarcity, due to depleting
ground water. One protest, in 2006, which lasted for over 3 months and
concluded with the activists, farmers and local population sitting on a
hunger strike, demanding that the plant stop all operation immediately.
Many other protests were also organized to force the concerned
authorities to initiate action against the company.

As a result, the Indian officials were forced to examine and inspect the plant. They
finally issue a notice to close the Coca-Cola bottling factory in Mehndiganj, Varansi,
Uttar Pradesh for extracting groundwater above prescribed legal limits and releasing
toxic effluents into the environment. The Uttar Pradesh Pollution Control Board
directed the Coca Cola Company to replenish twice as much groundwater as it had
extracted and to provide a permit to use ground water from a government agency.

Also, the company, though stating that it did not break any laws or regulations, was
forced to acknowledge that water is a critical resource and it would use it more
judiciously and sustainably in the future.

b. Bottling Plant in Plachimada, Kerala : Coca Cola had a bottling plant

situated in Plachimada, Palakkad district in Kerala. It is an important
agricultural region for the state, depending heavily on the canal irrigation
and ground water for the large quantities of water required to cultivate
paddy. It is also home to several scheduled caste and scheduled tribe
populations consisting predominantly of landless, illiterate, agricultural
laborers. It was most likely that, the location of an industrial plant, which
 consumes water heavily, in a socially and economically backward, in a
region that is agricultural but drought prone, was bound to result in serious
adverse implications to the life and the environment.

In Plachimada, the people started to suffer various illness and complications within
six months after the plant started its operations. The salinity and hardness of the
ground water had risen and the water from some nearby open wells and shallow
bore wells was told to have acquired a very unpleasant bitter taste. This brackish,
bitter water caused the people who used it to complain of a variety of illnesses such
as an irritation in the skin of the face; greasy, sticky hair; stomach disorders and skin
deformities. It was also claimed that a few nearby wells had become dry due to the
overuse of groundwater by the bottling plant. The water scarcity had also resulted in
the decline of agricultural production.

The local people started their agitation against the Coca Cola Company within one
year of the setting up plant and commencement of operations. A tribal woman,
Mylamma, organized the local community against the Company. Later, several non-
governmental organizations and other sections of the civil society joined the
agitation. Due to this hue and cry, the Perumatty Grama Panchayat passed a
resolution on 7 April 2003 refusing to renew the license given to the Company. This
and ongoing legal battle forced the company to shut down the plant in March 2004.

Using the 'polluter pays principle', the High Power Committee constituted to submit a
report to Kerala government, had recommended that Coca-Cola be held liable for
Indian Rupees 216 crore (US$ 48 million) for damages caused as a result of the
company's bottling operations in Plachimada.

2. Alpha Natural Resources: Alpha Natural Resources is one of the largest

American coal miners, specializing in the production of metallurgical coal for the
industrial production of iron and steel and low-sulfur thermal coal to power the
steam turbines for the production of electrical power. It has many production
plants across the Appalachians states. In 2014, the company was charged with
being involved in rampant pollution and strip-mining, discharge of illegal toxic
effluents into hundreds of waterways across these states.
In 2014, Alpha Natural Resources received from the Environmental Protection
Agency (EPA) a fine of $27.5 millionthe largest environmental fine ever against a
coal companyfor spewing pollutants into the waterways of Kentucky,
Pennsylvania, Virginia, Tennessee, and West Virginia. The company was also
ordered to spend over $200 million on environmental cleanup in the region to
34,35
reduce illegal toxic discharges into hundreds of waterways.

Conclusions and Suggestions

Recent trends show that more and more people are taking active part in
environmental decision making and are becoming more vocal about pollution issues,
a lot of work still needs to be done if we are to protect our environment and conserve
water resources for the future. The stress on water as a resource is growing at an
alarming rate, the population is continuing to rise putting undue pressure on water as
a resource. The government needs to play a key role in water distribution & quality
control of water. However, the government alone cant usher in the changes and
would need continued support from businesses, NGOs & the public. Water
conservation is only possible when all the forces are working in tandem and cases
as the Oxfam case in Orissa are too few and far between. There is a dire need to
raise awareness about water management laws and care must be taken to educate
and raise awareness among the people. Judiciary has an important role to play, and
must act as a watchdog. In recent times we have seen the Judiciary taking strict
action to uphold environmental law and needs to remain firm on its current stand.
We can implement new things like water metering in the urban settings.

Relevance of the project as an entrepreneur/manager

The project helped us learn about the various liabilities that a business may have to
incur if does not follow water/environmental law. It also sensitized us to the fact that
pollution is a big problem and courts are taking increasing notice of it. Any business
has to be in compliance with all the environmental laws and it cannot harm the
environment even unknowingly, due to the rules of strict and absolute liability. The
courts have fixed tortious liability for pollution accidents and this has important
implications for business. We have realized that any industry or profession that we
enter into, we would be required to be well versed with the laws, especially
environmental and water conservation. At the international level too, the principle of
participation of people in decision making is universally accepted. Moreover, we
have become aware of the acute water crisis that the country is facing. There are
severe shortages of water in dry season and agriculture to this day depends a lot on
the vagaries of nature. And on top of that inefficient water management has led to
the double whammy of floods and droughts. We have also become aware that as
individual citizens it is our duty (art. 51, constitution of India) to conserve water
resources and more generally the whole environment. We should try to lessen our
individual carbon footprint and we should try to inculcate these values in the
organization we work in. To reduce the polluting impact of our business does not only
makes sense from an environmental point of view but it also makes sense from a
business point of view as consumers are increasingly more likely to reward
businesses which follow sustainable practices.48

Annexure of References

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