ORDER : 1. This case relates to pollution of Gomti river. Various orders/directions have been made by this Court from time to time. By Order dated 26th February, 2004, the State of Uttar Pradesh was directed to examine the suggestions of the Central Government regarding various matters adverted to in the letter dated 20th January, 2004 and if it is feasible it may take the assistance of the Pollution Control Board in arriving at a solution. The letter dated 20th January, 2004 was addressed by Additional Director in Ministry of Environment & Forests, Government of India, to Special Secretary, Department of Urban Development, Government of Uttar Pradesh enclosing therewith the observations/comments on the Detailed Project Reports (DPRs) for inclusion of Sitapur, Barabanki, Pilibhit and Lakhimpur towns under the Gomti Action Plan. This letter is annexed to an affidavit of the Ministry of Environment & Forests dated 11th February, 2004, inter alia, stating that Lucknow town is the main contributor of pollution to river Gomti due to discharge of its domestic waste into the river. National River Conservation Directorate (NRCD), Ministry of Environment & Forests, Government of India has already sanctioned works for pollution abatement of river Gomti at Lucknow at a cost of Rs. 310.67 crore, which are under implementation by the State Government. Despite the Order dated 26th February, 2004, no affidavit has been filed by State of U.P. Mr. Sunil Gupta, learned counsel appearing for the State submits that affidavit was prepared but he was not satisfied with the said affidavit and, therefore, the Court may grant further time to file a detailed affidavit. 2. In addition to above, our attention has been drawn by Mr. Parekh, learned amicus curiae to the Orders dated 7th November, 2001, 16th January, 2002, 16th August, 2002 and certain other orders passed by this Court. In the Order dated 7th November, 2001 the State Government was directed to call upon the appropriate Civic Body of Pilibhit, Sitapur and Barabanki to identify the land as required under the Report dated 9th May, 2001 given by CPCB. These lands were required, it seems evident, for having oxidation ponds.
In the Order dated 7th November, 2001 the State Government was directed to call upon the appropriate Civic Body of Pilibhit, Sitapur and Barabanki to identify the land as required under the Report dated 9th May, 2001 given by CPCB. These lands were required, it seems evident, for having oxidation ponds. The Order dated 7th November, 2001 was re-iterated in the Order dated 16th January, 2002, rejecting the contention that it may not be necessary for the State to identify the land in the towns referred to in the Order dated 7th November, 2001, in view of policy decision taken in the High Level Meeting of National River Conservation Authority (NRCA). This Court observed that the stand of the State of U.P. was wholly unreasonable and whether the NRCA includes these towns or not, since these towns have been identified to be the chief source of pollution for River Gomti. It is State's obligation to provide necessary land required to have oxidation ponds. State cannot be absolved of its liability on the pretext that no decision had been taken by NCRA. The State Government was, therefore, directed to acquire the necessary land for having oxidation ponds and complete the process of acquisition within three months. Attempt was also made to seek modification of the Orders dated 7th November, 2001 and 16th January, 2002. The application for modification was, however, dismissed by this Court on 16th August, 2002 and the State Government was directed to comply with the order as expeditiously as possible. There is nothing on the record as to what progress has taken place despite the fact that nearly three years are going to elapse since passing of the order of November, 2001. We direct the State Government to file affidavit as to whether the orders have been complied with or not and the reasons for the laxity. The affidavit shall be filed within four weeks. Further, we direct the personal presence of the Technical Officer of Nagar Vikas Vibhag in Court with all relevant records on the next date of hearing. 3. List the matter after 5 weeks.