JUDGMENT : 1. Kanpur is the 8th largest metropolis in India and an important town in the State of U.P. River Ganges flows on the north of the city. 2. In order to supplement the Ganga Action Plan and to improve environment and control pollution, Government of India and the Dutch Government based on their bilateral Cooperative Programme, agreed to execute project called "Environmental and Sanitary Engineering Project" in Kanpur. The project concentrated its activities in Jajmau area towards east of the city. In Jajmau area their (sic) are about 175 tanneries in the form of a cluster. In order to treat the fluid discharge by these tanneries, a common effluent treatment plant was constructed under the Project. 65% of the cost of construction was met by the Government of India. The remaining 35% was to be contributed - 50% by the State of U.P and 50% by the tanneries concerned. It is thus obvious that 17.5% of the total cost was to be contributed by the tanneries. We are informed by the learned counsel for U.P. Jal Nigam that 90% of tanneries share has further been contributed by the State Government. Only 10% (of 17.5%) is to be contributed by the tanneries. It is not disputed that 9.76 lacs is yet to be paid by the tanneries. Mr. M.C. Bhandare, learned senior advocate appearing for the tanneries, on instruction, states that the tanneries shall pay this amount within three months from today. The totality of the construction cost having been settled and paid, the question for consideration is who is going to meet the maintenance and operation charges. We have been taken through the affidavit filed by Mr. M.C. Joshi, Project Engineer, Ganga Pollution Control Unit, U.P. Jal Nigam, Kanpur (U.P.). He has averred in the affidavit that to decide the mode of payment of tanneries share in maintenance and operation cost, a Committee was constituted by the Government vide Urban Development Department (Ganga Cell), dated March 12, 1996. The Committee consisted of representative of U.P. Jal Nigam Co-ordinator, representative of Nagar Maha Palika, representative of U.P. Pollution Control Board and two representatives of tanneries. The Committee discussed the matter in detail on May 7, 1993 and May 17, 1993 with the tanneries representatives.
The Committee consisted of representative of U.P. Jal Nigam Co-ordinator, representative of Nagar Maha Palika, representative of U.P. Pollution Control Board and two representatives of tanneries. The Committee discussed the matter in detail on May 7, 1993 and May 17, 1993 with the tanneries representatives. As a result of the deliberation of the Committee, it was finally decided by the Government that the cost of operation and maintenance shall be borne by the tanneries and the Kanpur Nagar Nigam in the ratio of 60 and 40 respectively. Accordingly Commissioner, Kanpur Division, Kanpur constituted a Committee under the Chairmanship of District Magistrate, Kanpur Nagar by his order dated March 14, 1996 for the purpose. 3. We are satisfied that the direction to the tanneries to pay 60% of the maintenance and operational costs is just and fair. The tanneries whose effluent is being treated by this project are under an obligation to pay their contribution. 4. Mr. M.C. Bhandare, learned counsel appearing for the tanneries, has contended that apart from 175 odd tanneries, which are operating in Jajmau area, the project also caters and serves various other industries, households, Municipal sewers etc. There is no material on record to support the contention. We, however, direct the District Magistrate, Kanpur to examine this aspect after hearing the representatives of tanneries. In case apart from the tanneries the effluent from other sources is also treated by the project, then the cost of operation and maintenance shall be borne all proportionately according to the pollution load. 5. I.A. is disposed of.