JUDGMENT 1. In the present wit petition filed in the form of Public Interest Litigation by the writ Petitioner, the reliefs sought for are: (i) to pass an order that the Nambul river to be protected: (a) by keeping the river bank/river basin of the eastern side of the Nambul river from Maharani Bridge upto Keishamthong left open to the public for the use of general public. (b) by constructing a wall separating the river bank from the private use or encroachment and prohibiting the discharge of untreated effluent to the river as well as the disposal of solid waste. (ii) to direct the Respondents that: (a) all the streets, parks and public places to be cleaned early morning every day. (b) the solid waste generated are to be collected from house to house/Leikai to Leikai on daily basis. (c) large storage bins are to be provided to the places which is accessible to the users. (d) the large storage bins are to be cleaned on early every morning. (e) the drains are to be covered and untreated effluents not to be discharge to the river. 2. Heard Mr. H. Nabachandra, Learned Counsel appearing for the Petitioner, Mr. N. Kotishwar, learned Advocate General assisted by Mr. Rajkishore, Learned Counsel appearing for the Respondents No. 3 and 4, Mr. N. Ibotombi, learned CGSC appearing for the Respondents No. 1 and 2 as well as Mr. Ch. Lokendra, Learned Counsel appearing for the Respondent No. 6. FACTUAL BACKGROUND 3. The present Petitioner is the registered Society having Registration No. 42/M/SR/2002, registered under the Manipur Societies Registration Act, 1989. 4. N. Ibotombi, learned CGSC appearing for the Respondents No. 1 and 2 as well as Mr. Ch. Lokendra, Learned Counsel appearing for the Respondent No. 6. FACTUAL BACKGROUND 3. The present Petitioner is the registered Society having Registration No. 42/M/SR/2002, registered under the Manipur Societies Registration Act, 1989. 4. The Respondent No. 5, Imphal Municipal Council shall have to manage and handle the solid waste generated in Imphal Municipal area as: (a) By organizing house to house collection of solid waste through any of the methods like community bin collection (central bin), house to house collection and regular pre-informed timings and scheduling by using bell ringing of musical vehicle; (b) Devising collection of waste from slums and squatter area or localities including hotels, restaurants, office complexes and commercial; (c) Waste from slaughter house, meat and fish markets, fruits and vegetable markets which are biodegradable in nature shall be managed to make use of such waste; (d) Waste (garbage, dry leaves) shall not be burnt; (e) Storage facilities shall be created and established by taking into account qualities of waste generation in a given area and the population densities. A storage facility shall be so placed that it is accessible to users. (f) Storage facilities to be set up by municipal authorities or any other agency shall be so designed that waste stored are not exposed to open atmosphere and shall be aesthetically acceptable and user-friendly. (g) Storages facilities or "bins" shall have easy to operate design for handling transfer and transportation of waste. Bins for storage of biodegradable waste shall be painted green; those of storage recyclable waste shall be painted white and those storage of other waste shall be painted black. 5. The Respondent No. 5 does not perform its traditional way of cleaning all its areas and does not perform its bounden duties under the Acts and Statutes. The sweeping of streets in the morning and collecting hand carts/large bin is not done well. No large bins are provided in all the streets and as such each and every resident scatters the solid waste at random in any area. If there is large bin, the solid waste will be slept inside the bin for about 2/3 months. The Respondent No. 5 has failed to perform its duty of collection, transportation and disposal of the solid waste. 6. If there is large bin, the solid waste will be slept inside the bin for about 2/3 months. The Respondent No. 5 has failed to perform its duty of collection, transportation and disposal of the solid waste. 6. On failure to perform the duty of Respondent No. 5, the solid wastes are heaped up in the areas namely, (i) Khwai Bazar, (ii) Nagamapal, (iii) Khurumyonpham, (iv) Uripok near Cheirap Court, (v) Sagolband, (vi) Lamlong, (vii) Kongba, (viii) Singjamei, (ix) Nagaram and (x) Namdulong. The river bank has become dumping place. The Imphal river bank mainly on (i) Sanjenthong, (ii) Thongbuthong, and (iii) New Checkon area are open dumping places. The Nambul river bank i.e. from Meino Leirak to Maharani Bridge and near Keishampat Bridge is also another dumping place. In short solid wastes are strewn in all areas of Imphal city and as such Imphal has become an open dustbin. 7. The river bank and river basin are the public property and any person shall not encroach/cover/utilize any of its parts. The river band and river basin shall be left open for public use. No individual shall be allowed to discharge untreated effluents into the river. 8. The drains and drainage system in the Imphal areas are not properly managed. All the drains are uncovered. The drains mostly at (i) Thangmeiband, (ii) Nagamapal, (iii) Wahengbam Leikai, (iv) Keishampat, (v) Yaiskul, (vi) New Checkon area, and (vii) Wangkhei area are always kept open. The discharging of effluents from private toilets, latrines and from 'Sulab' complexes has also made the Nambul river more pollute. All such sewage system and discharge of untreated effluents from all the drain, drainages and from other sources has made the health and environment affected to a great extent. The uncontrolled and unsystematic use of Naga River and joining the Nambul river without a proper safeguard has brought the Nambul river to the stage of grave danger. 9. The Respondent No. 5 on its failure to collect the solid waste from house to house or from Leikei to Leikei and to construct storage bin at the places which is accessible to users, each and every person in the Imphal Municipal has made the solid waste strewn all over the Imphal Municipality area. The Respondent No. 5 is solely responsible for converting the river banks of Imphal river and Nambul river a dump or disposal site of solid waste. The Respondent No. 5 is solely responsible for converting the river banks of Imphal river and Nambul river a dump or disposal site of solid waste. The Nambul river is to be protected by (i) Keeping the river bank/river basin left open to public for the use of general public, (ii) Separating the river from the private encroach/cover/utilized by constructing a wall of about 5 m. high on the following grounds: (a) that the residents on the eastern side of the Nambul river from Maharani Bridge upto Keishamhong constructed buildings on the river bank; (b) that the river bank of the Nambul river from Maharani Bridge to Keishamthong is not kept open for general public use; (c) that the residents of Nambul river from Maharani Bridge to Keishamthong use the river bank as their own dustbin; (d) that the residents on the bank of Nambul river from Maharani Bridge to Keishamthong discharge the untreated effluent directly to the river; (e) that the river bank from Naoremthong to Keishamthong solid wastes are disposed on the bank of Nambul river. 10. The Respondents shall be directed to (i) clean the streets, parks and public places daily in the morning, (ii) collect the solid waste from house to house or from Leikei to Leikei, (iii) provide large storage bin to the places which is accessible to the users, (iv) removes all the waste from the river bank and dispose to the safe site on the following grounds: (a) that the Respondents do not clean the streets, parks and public places daily; (b) that the Respondents do not provide large storage bin to the places which is accessible to the users; (c) that the Respondents do not collect the solid waste from house to house; (d) that the act of Respondents has converted the river bank of Imphal river and Nambul river the disposal site of the solid waste; (e) that the Respondents do not clean the storage bin on daily basis; (f) that the Respondents do not cover the drain and the drainage of the Imphal area. 11. 11. Union of India, Respondent No. 1, has filed affidavit in opposition stating that as per the Municipal Solid Wastes (Management and Handling) Rules, 2000 notified under the powers conferred by Sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), every Municipal Authority shall, within the territorial area of the Municipality, be responsible for the implementation of the provisions of these Rules and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes. Any Municipal Solid Wastes generated in a city or a town shall be managed and handled in accordance with the compliance criteria and the procedure laid down in the Rules. State Government shall have to take necessary action for proper disposal of solid wastes and stop discharging untreated sewage into the river. The Respondent No. 1, further, states in the affidavit in-opposition that the issue of removal of encroachment etc. is within the purview of the State authorities. 12. The Respondent No. 4 Secretary, Municipal Administration Housing & Urban Development (MAHUD), Govt. of Manipur, Imphal and local Municipal Authority have to ensure that untreated Municipal wastes is not allowed to dispose to the river or to any other water body. 13. The Respondent No. 5, Imphal Municipal Council through its Chairman also filed affidavit in-opposition and stated that large Bin cannot be provided due to non-availability of suitable places and having financial constraint. However, Imphal Municipal Council has already constructed 72 number of medium type garbage bins in the Market area and Municipal Wards but further repairing works/reconstruction cannot be done due to lack of fund. Sometimes bins cannot be cleaned timely due to having problems at the dumping site by surrounding public objection even though Imphal Municipal Council is trying to clear at any cost. 14. The Respondent No. 5, in the affidavit in-opposition, also states that heap of garbage of all the Markets area have been collected and disposed of by the Council, but the Nambul river from Meino Leirak to Maharani Bridge near Keishampat Bridge, Keishamthong Bridge, Imphal River bank, Sanjenthong, Thumbuthong cannot be cleared till date due to shortage of manpower, vehicle and necessary equipments. A Monitoring Nodal Officer has been appointed to monitor the activities of I.M.C. vide appointment order No. IMC/198/SM/97 dated 25th November, 2002, but due to financial constraint, further action cannot be taken up. 15. A Monitoring Nodal Officer has been appointed to monitor the activities of I.M.C. vide appointment order No. IMC/198/SM/97 dated 25th November, 2002, but due to financial constraint, further action cannot be taken up. 15. It is also stated in the affidavit in-opposition of the Respondent No. 5 that Imphal Municipal Council is not in a position to take any action regarding protection of Nambul river since construction of wall on the river banks for the purpose of protection from the encroachers is the responsibility/duty of the Manipur Government but not Imphal Municipal Council. No fund has been provided to the Municipality by the Government of Manipur. Central Government for such proposed works. If proper fund is provided, Imphal Municipal Council can check/prevent encroachers by constructing walls and fencing etc. Imphal Municipal Council has notified through local papers for stopping dumping of solid waste and garbage to the Nambul river. All the residents of the surrounding of Nambul river as well as general public also should understand their responsibilities for keeping the Nambul river as well as other areas of the Imphal city neat and cleaned. 16. The Apex Court in Subhash Kumar v. State of Bihar and Ors. AIR 1991 SC 420 : AIR 1987 SC 1109 : (1997) 1 SCC 388 : AIR 1987 SC 1109 : AIR 2000 SC 1256 held that PIL can be filed for ensuring enjoyment of pollution free water and air and also further held that right to live is a fundamental right under Article 21 of the Constitution of India which includes the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution of India for removing the pollution of water or air which may be detrimental to the quality of life. Fundamental right under Article 21 of the Constitution of India is unduly includes the right of enjoyment of pollution free water for full enjoyment of life. 17. Before proceeding further, apart from the fundamental right guaranteed under Article 21 of the Constitution of India, it would be apposite to see the relevant articles of the supreme law of the land, i.e. Constitution of India. 17. Before proceeding further, apart from the fundamental right guaranteed under Article 21 of the Constitution of India, it would be apposite to see the relevant articles of the supreme law of the land, i.e. Constitution of India. In Part IV of the Constitution of India constitutional obligations of the State Government are mentioned in the Directive Principles of State Policy, i.e. Articles 47, 48-Aand fundamental duties of the citizens are mentioned in Article 51-A of Part IV-A of the Constitution of India. For easy reference Articles 47, 48-A and 51-A of the Constitution of India are reproduced hereunder: Article 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.--The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medical purposes of intoxicating drinks and of drugs which are injurious to health. Article 48-A. Protection and improvement of environment and safeguarding of forests and wild life.--The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Article 48-A. Protection and improvement of environment and safeguarding of forests and wild life.--The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Article 51-A. A Fundamental duties.--It shall be the duty of every citizen of India-- (a) to abide by the Constitution and respect its ideals and institutions., the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. 18. The Parliament in 45th year of Republic India enacted an Act, "The Manipur Municipalities Act, 1994". The obligatory functions of the Municipalities are mentioned in Section 37 of the Manipur Municipalities Act, 1994 which read as follows: 37. It shall be the duty of every municipality to make reasonable provision of the following matters within the municipality under its jurisdiction, namely-- (a) lighting public roads and places; (b) watering public roads and places; (c) public roads, places and sewers and all spaces-not being private property, which are open to the enjoyment of the public whether such spaces are vested in the municipality or not, removing noxious vegetation and abating all public nuisance. (d) removing filth, rubbish, night-soil, odour or any other noxious or offensive matter from privies, latrines, urinals, cess-pools or other common receptacles for such matter in or pertaining to a building or buildings; (e) extinguishing fires and protecting life and property when fire occurs; (f) regulating offensive or dangerous trades of practices; (g) removing obstructions and projections in public roads and places and in spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the municipality or belong to the State Government; (h) securing or removing dangerous buildings or places and reclaiming unhealthy localities; (i) acquiring, maintaining, changing regulating places for the disposal of dead bodies and of the carcasses of dead animals; (j) constructing, altering and maintaining public roads, culverts, municipal boundary marks, markets, slaughter-houses, drains, sewers, drainage-works, sewerage works, baths, washing-places drinking-fountains, tanks, wells, dams and the like; (k) constructing public latrines, privies and urinal; (l) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of inhabitants from the insufficiency or unwholesomeness of the existing supply; (m) naming streets and numbering house; (n) registering births and deaths; (o) suitable accommodation for any calves, cows or buffaloes required within the municipality for the supply of animal lymph; (p) printing such annual reports on the administration of the municipality as may be necessary or as the State Government may by general or social orders require the municipality to print; (q) making arrangements for preparation of compost manure from night-soil and rubbish; and (r) establishing and maintaining cattle pounds. 19. The term, "air pollutant" is defined in Section 2(a) of The Air (Prevention and Control of Pollution) Act, 1981 (for short 'Act 1981') and it means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. 20. The functions of the State Pollution Control Board are provided under in Section 17 of the Act, 1981 which read as follows: 17. 20. The functions of the State Pollution Control Board are provided under in Section 17 of the Act, 1981 which read as follows: 17. Functions of State Boards.--(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the functions of a State Board shall be-- (a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof; (b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution; (c) to collect and disseminate information relating to air pollution; (d) to collaborate with the Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organize mass-education programme relating thereto; (e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution; (f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control of abatement of air pollution in such areas; (g) to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants; (h) to advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution; (i) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government; (j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. (2) A State Board may establish or recognize a laboratory or laboratories to enable the State Board to enable the State Board to perform its functions under this section efficiently. 21. Over and above the powers and functions of the State Pollution Control Board mentioned in Section 17 of the Act 1981, the Board has power of entry and inspection as provided under Section24 of the said Act of 1981 which read as follows: 24. Power of entry and inspection.--(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place-- (a) for the purpose of performing any of the functions of the State Board entrusted to him; (b) for the purpose of determining whether and if so in manner, any such functions are to be performed or whether any provisions of this Act or the Rules made thereunder or any notice, order, direction or authorization served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any control equipment, industrial plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the Rules made thereunder has been or is being or is about to be committed and for seizing any such control equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the Rules made thereunder. (2) Every person operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by the State Board under Sub-section (1) for carrying out the functions under that Sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person wilfully delays or obstructs any person empowered by the State Board under Sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act. (3) If any person wilfully delays or obstructs any person empowered by the State Board under Sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act. (4) The provisions of the Code of Criminal Procedure, 1973 (6 of 1974), or, in relation to the State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law. 22. The Legislature feels that although there are existing laws dealing directly or indirectly with several environmental matters, it is necessary to have a general legislation of pollution and accordingly, enacted "the Environment (Protection) Act, 1986". The statement of object and reason for enacting the Environment (Protection) Act, 1986 are that--(1) concern over the state of environment has grown, the world since the sixties. The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity excessive concentration of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The World Community's resolve to protect and enhance the environmental quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972. The Government of India participated in the Conference and strongly voiced the environmental concerns. While several measures have been taken for environmental protection both before and after the Conference, the need for a general legislation further to implement the decisions of the Conference has become increasingly evident. (2) Although there are existing laws dealing directly or indirectly with several environmental mattes, it is necessary to have a general legislation of pollution or on specific categories of hazardous substances. Some major areas of environmental hazards are not covered. There also exist uncovered gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental safety. Some major areas of environmental hazards are not covered. There also exist uncovered gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals, in the environment are weak. Because of a multiplicity of regulatory agencies there is need for an authority which can assume the lead role for studying, planning and implementing long term requirements of environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment. (3) In view of what has been stated above, there is urgent need for the enactment of activities of the various regulatory agencies, creation of an authority or authorities with adequate powers for environmental protection, Regulation of discharge of environmental pollutions and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health. 23. Today society's interaction with nature is so extensive that the environmental question has assumed proportions affecting all humanity. Industrialization, urbanization, explosion of population, over exploitation of resources, depletion of traditional sources of energy and raw materials the disruption of natural ecological balances, the destruction of a multitude of animal and plant species for economic reasons and sometimes for no good reason at all are factors which have contributed to environmental deterioration. While the scientific and technological progress of man has invested him with immense power over nature, it has also resulted in the unthinking use of the power, encroaching endlessly on nature. If man is able to transform deserts into oasis, he is also leaving behind deserts in the place of oasis. In the last century, a great German materialist philosopher warned mankind. "Let us not, however, flatter ourselves over much on account of our human victories over nature. For each such victory, it is true, in the first place brings about the results we expected, but in the second and third places it has quite different. Unforeseen effects which only too often cancel the first", Ecologists are of the opinion that the mot important ecological and social problem is the wide spread disappearance all over the world of certain species of living organisms. Unforeseen effects which only too often cancel the first", Ecologists are of the opinion that the mot important ecological and social problem is the wide spread disappearance all over the world of certain species of living organisms. Biologists forecast the extinction of animal and plant species on a scale that is incomparably greater than their extinction over the course of millions of year. It is said that over half the species which became extinct over the last 2,000 years did so after 1900. The International Association for the Protection of Nature and Natural Resources calculates that now, on average, one species or subspecies is lost every year. It is said that approximately 1,000 bird and animal species are facing extinction at present. So, it is that the environmental question has become urgent and it has to be properly understood and squarely met by man. Nature and history, it has been said, are two component parts of the environment in which we live, move and prove ourselves. (Ref. Shri Sachidanand Pandey and Anr. v. State of West Bengal and Anr.) AIR 1991 SC 420 : AIR 1987 SC 1109 : (1997) 1 SCC 388 : AIR 1987 SC 1109 : AIR 2000 SC 1256 24. The protection and improvement of the human environment is a major issue which affects the well being of peoples and economic development throughout the world, it is the urgent desire of the peoples of the whole world and the duty of all Governments. To achieve this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future. Local and National Governments will bear the grandest burden for large scale environmental policy and action within their jurisdictions. International co-operation is also needed in order to raise resources to support the developing countries carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or FLT (1)-22 global in extent or because they affect the common international realm, will require extensive co-operation among nations and action by international organizations in the common interest. 25. A growing class of environmental problems, because they are regional or FLT (1)-22 global in extent or because they affect the common international realm, will require extensive co-operation among nations and action by international organizations in the common interest. 25. Legal theory known as the 'Doctrine of the Public Trust' rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. The Apex Court in M.C. Mehta v. Kamal Nath and Ors. AIR 1991 SC 420 : AIR 1987 SC 1109 : (1997) 1 SCC 388 : AIR 1987 SC 1109 : AIR 2000 SC 1256 held at para 24, 25 and 33 and in M.C. Mehta v. Kamal Nath (supra) the fact is that Government of Himachal Pradesh had allowed private individual to construct a Motel building on the part of the River basin and while constructing the boundary wall for the Motel building, attempt had been made to divert the course of the river by encroaching the major part of the river basin. 26. As stated above, under the doctrine of "public Trust", duties are cast on the State Government to make the gift of the nature freely available to every one irrespective of the status and life and also the doctrine enjoins upon the Government to protect the resources for enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. In that context the Supreme Court vide para 39 of the SCC in Kamal Nath's case (supra) directed the State as thus: 39. We, therefore, order and direct as under: (1) The public trust doctrine, as discussed by us in this judgment is a part of the law of the land. (2) The prior approval granted by the Government of India, Ministry of Environment and Forest by the letter dated 24.11.1993 and the lease deed dated 11.4.1994 in favour of the Motel are quashed. (2) The prior approval granted by the Government of India, Ministry of Environment and Forest by the letter dated 24.11.1993 and the lease deed dated 11.4.1994 in favour of the Motel are quashed. The lease granted to the Motel by the said lease deed in respect of 27 bighas and 122 biswas of area, is cancelled and set aside. The Himachal Pradesh Government shall take over the area and restore it to its original-natural conditions. (3) The Motel shall pay compensation by way of cost for the restitution of the environment and ecology of the area. The pollution caused by various constructions made by the Motel in the riverbed and the banks of River Beas has to be removed and reversed. We direct NEERI through its Director to inspect the area, if necessary, and give an assessment of the cost which is likely to be incurred for reversing the damage caused by the Motel to the environment and ecology of the area, NEERI may take into consideration the report by the Board in this respect. (4) The Motel through its management shall show-cause why pollution fine in addition be not imposed on the Motel. (5) The Motel shall construct a boundary wall at a distance of not more than 4 metres from the cluster of rooms (main building of the Motel) towards the river basin. The boundary wall shall be on the area of Motel which is covered by the lease dated 29.9.1981. The Motel shall not encroach/cover/utilize any part of the river basin. The boundary wall shall separate the Motel building from the river basin. The river bank and the river basin shall be left upon for the public use. (6) The Motel shall not discharge untreated effluents into the river. We direct the Himachal Pradesh Pollution Control Board to inspect the pollution control devices/treatment plants set up by the Mote. If the effluent/waste discharged by the Motel is not conforming to the prescribed standards, action in accordance with law be taken against the Motel. (7) The Himachal Pradesh Pollution Control Board shall not permit the discharge of untreated effluent into River Beas. The Board shall inspect all the hotels/institutions/factories in Kullu-Manali area and in case any of them are discharging untreated effluent/waste into the river, the Board shall take action in accordance with law. (7) The Himachal Pradesh Pollution Control Board shall not permit the discharge of untreated effluent into River Beas. The Board shall inspect all the hotels/institutions/factories in Kullu-Manali area and in case any of them are discharging untreated effluent/waste into the river, the Board shall take action in accordance with law. (8) The Motel shall show-cause on 18.12.1996 why pollution fine and damages be not imposed as directed by us. NEERI shall send its report by 17.12.1996. To be listed on 18.12.1996. 27. Today society's interaction with the nature is also extensive that environmental question has assumed proportions affecting all humanity. Where an administrative action or order of the Government involves the problem of environment and the Government is alive to the various considerations requiring thought and deliberation and has arrived at a conscious decision after taking them into account, it may not be for the Court to interfere in the absence of mala fides. On the other hand, if relevant considerations are not borne in mind and irrelevant considerations influence the decision, the Court may interfere in order to prevent a likelihood of prejudice to the public. When the Court is called upon to give effect to the Directive Principle and the fundamental duty, the Court is not to shrug its shoulders and say that priorities are a matter of policy and so it is a matter for the policy-making authority. The least that the Court may do is to examine whether appropriate considerations are borne in mind and irrelevancies excluded. In appropriate cases, the Court may go further, but how much further must depend on the circumstances of the case, The Court, may always give necessary directions. (Ref. decision of the Apex Court in: Shri Sachidanand Pandey and Ors. v. The State of West Bengal and Ors.) AIR 1991 SC 420 : AIR 1987 SC 1109 : (1997) 1 SCC 388 : AIR 1987 SC 1109 : AIR 2000 SC 1256 28. (Ref. decision of the Apex Court in: Shri Sachidanand Pandey and Ors. v. The State of West Bengal and Ors.) AIR 1991 SC 420 : AIR 1987 SC 1109 : (1997) 1 SCC 388 : AIR 1987 SC 1109 : AIR 2000 SC 1256 28. From the ratio laid down by the Apex Court in Sachidanand Pandey's case (supra), it is clear that when the Court is called upon to give effect to the directive principle and fundamental duties, the Court should not leave the matter to the executive authorities, which is the policy making authority and the Court is bound to examine appropriate considerations which are borne in mind and irrelevancy excluded in taking decision of the executive authorities for giving effect to the directive principle and fundamental duties. The Court may always give necessary directions.' 29. In the present case, the excuse for the Respondent No. 5, Imphal Municipal Council for their failure to discharge their obligatory functions as provided under Section 37 of the Manipur Municipal Act, 1984 was paucity of funds. The Apex Court in Dr. B.L. Wadehra v. Union of India and Ors. AIR 1996 SC 2969 held that it is mandatory for the Delhi Municipal Corporation (MCD) and New Delhi Municipal Council (NDMC) to perform their duties to collect and dispose of garbage/wastes generated from various sources in the city. Under the Delhi Municipal Corporation Act (16 of 1957) and New Delhi Municipal Council Act, 1994 further held that apart from the right guaranteed under the Constitution of India, residents of Delhi have a statutory right to live in the cleaned society. Non-availability of funds, inadequacy or inefficiency of the staff, insufficiency of machinery etc. cannot be pleaded as ground for non-performance of their statutory obligations. The Supreme Court in Dr. B.L. Wadehra's case (supra) had directed the Delhi Municipal Corporation (MCD) and New Delhi Municipal Council (NDMC) to discharge their mandatory duties under the said Act. The directions are: HANG - 24. xxxx (1) We approve the experimental schemes placed before this Court by MCD and NDMC whereunder certain localities have been selected for distribution of polythene bags, door to door collection of garbage and its disposal. We direct the MCD through Commissioner appointed under Section 54 of the Delhi Act and all other officers of the MCD (Particularly Mr. Narang and Mr. We direct the MCD through Commissioner appointed under Section 54 of the Delhi Act and all other officers of the MCD (Particularly Mr. Narang and Mr. Tirath Raj Joint Directors) to have the city of Delhi scavenged and cleaned everyday. The garbage/waste shall be lifted from collection centres every day and transported to the designated place for disposal. All receptacles/collection centres shall be kept cleaned and tidy everyday. The garbage/rubbish shall not be found spread around the collection centres and on the roads. We issue similar directions to the NDMC through S/Shri Baleshwar Raj, Administrator, Lal Chand, Chief Sanitary Inspector, Dr. G.S. Thind, Deputy Medical Officer of Health and Dr. V.N. Reu, Chief Medical Officer. (2) We direct Government of India, through Secretary, Ministry of Health, Government of National Capital Territory of Delhi through Secretary, Medical and Public Health, MCD through its Commissioner and NDMC through its Administrator to construct and install incinerators in all the hospitals/nursing homes, with 50 beds and above, under their administrative control. This may be done preferably within nine months. A responsible officer of each of these authorities shall file an affidavit in this Court within two months indicating the progress made in this respect. (3) We direct the All India Institute of Medical Sciences, New Delhi through its Director to install sufficient number of incinerators, or an equally effective alternate, to dispose of the hospital waste. The Director shall file an affidavit within two months to indicate the progress made in this respect. (4) We direct the MCD and NDMC to issue notices to all the private hospitals/nursing homes in Delhi to make their own arrangements for the disposal of their garbage and hospital waste. They be asked to construct their own incinerators. In case these hospitals are permitted to use facilities (for collection, transportation and disposal of garbage) provided by the MCD and NDMC then they may be asked to pay suitable charges for the service rendered in accordance with law. (5) We direct the Central Pollution Control Board and the Delhi Pollution Committee to regularly send its inspection teams in different areas of Delhi, New Delhi to ascertain that the collection, transportation and disposal of garbage/waste is carried out satisfactorily. The Board and the Committee shall file the reports in this Court by way of an affidavit after every two months for a period of two years. The Board and the Committee shall file the reports in this Court by way of an affidavit after every two months for a period of two years. (6) We direct the Government of the National Capital Territory of Delhi to appoint Municipal Magistrates (Metropolitan Magistrates) under Section 469of the Delhi Act and Section 375 of the New Delhi Act for the trial of offence under these Acts. Residents of Delhi be educated through Doordarshan and by way of announcements in the localities that they shall be liable for penalty in case they violate any provisions of the Act in the matter of collecting and disposal of garbage and other wastes. (7) We direct the Doordarshan through its Director General to undertake a programme of educating the residents of Delhi regarding their civic duties under the Delhi Act and the New Delhi Act. This shall be done by making appropriate announcements, displays on the television. The residents of Delhi shall be educated regarding their duties under Sections 354, 356 and357 of the Delhi Act and similar duties under the New Delhi Act. They shall also be informed about the penalties which can be imposed under Section465 of Delhi Act and similar provisions under the New Delhi Act. The MCD and NDMC shall also have announcements made by way of public address system in various areas in Delhi informing the residents of their duties and obligations under the Delhi Act and New Delhi Act. (8) The MCD has placed order for the supply of about 200 Tippers with the Ordnance Vehicle Factory, Jabalpur (Government of India) in May, 1995. The Tippers have not as yet been supplied, We direct Secretary, Ministry of Defence Production, Government of India to have the Tippers supplied to the MCD as expeditiously as possible and preferably within three months. The Secretary shall file and affidavit in this Court within six weeks indicating the progress made in this respect. (9) The MCD has indicated that three SLF sites have already been approved by the Technical Committee of the DDA but the same have not been handed over to the MCD by the Development Commissioner, Government of NCT of Delhi. Since Bhatti mines are situated within the ridge area, we do not permit the same to be utilized for the disposal of the solid waste as at present. Since Bhatti mines are situated within the ridge area, we do not permit the same to be utilized for the disposal of the solid waste as at present. We, however, direct the Development Commissioner, Government of NCT Delhi to hand over the two sites, near Badarpur on Jaitpur/Tejpur Quiry Pits and mandi Village near Jaunpur Quiry Pits. The sites shall be handed over to the MCD within three months. The Development Commissioner shall file an affidavit in this Court before March 31, 1996 indicating the progress made in this respect. (10) The compost plant of Okhla be revived and put into operation. The MCD shall start operating the plant, if not already operating, with effect from June 1, 1996. The MCD shall also examine the construction of four additional compost plants as recommended by Jag Mohan Committee. The MCD shall file an affidavit in this Court within six weeks indicating the progress made in re-starting the Okhla compost plant and in the construction of four new plants. (11) The MCD shall not use the filled-up SLFs for any other purpose except forestry. There are twelve such sites including Rajiv Gandhi Smriti Van. We direct the MCD to develop forests and gardens on these 12 sites. The work of aforestation shall be undertaken by the MCD with effect from April 1, 1996. An affidavit shall be filed by the end of April indicating the progress made in this respect. (12) The MCD and NDMC shall construct/install additional garbage collection centres in the form of dhalaos/trolley/steelbins within four months. An affidavit in this respect shall be filed by a responsible officer of each of these authorities within two months indicating the progress. (13) We direct the Union of India and NCT Delhi Administration through their respective appropriate Secretaries to consider, the request form MCD and NDMC for financial assistance, in a just and fair manner. These Governments shall consider the grant of financial assistance to the MCD and NDMC by way of subvention or any other manner to enable these authorities to fulfil their obligations under law as directed by us. (14) After some time it may not be possible to dispose of garbage and solid-waste by 'SLF' method due to non-availability of Sites. These Governments shall consider the grant of financial assistance to the MCD and NDMC by way of subvention or any other manner to enable these authorities to fulfil their obligations under law as directed by us. (14) After some time it may not be possible to dispose of garbage and solid-waste by 'SLF' method due to non-availability of Sites. We direct the NCT Delhi Administration through its Chief Secretary and also the MCD and NDMC to join hands and engage an expert body like NEERI to find out alternate method/method of garbage and solid waste disposal. The NCT Delhi Administration shall file affidavit in this Court within two months indicating progress made in this respect. 30. From the ratio laid down by the Apex Court in Dr. B.L. Wadehra's case (supra), it is crystal clear that non-availability of funds, inadequacy or inadequacy of staff and inadequacy of machinery etc. cannot be pleaded as a ground for non-performance of their obligation by MCD and NDMC. 31. In the present case in hand, non-availability of the funds and inadequacy of the staff of the Respondent No. 5 cannot be the ground for nonperformance of their dues, obligation and functions as mentioned in Section 37 of the Manipur Municipalities Act, 1984. The State Government is to make funds available to the Respondent No. 5 for functioning their statutory duties. The Apex Court in Almitra H. Patel and Anr. v. Union of India and Ors. AIR 1991 SC 420 : AIR 1987 SC 1109 : (1997) 1 SCC 388 : AIR 1987 SC 1109 : AIR 2000 SC 1256 taking into consideration of the earlier decision of the Apex Court in Dr. B.L. Wadehra's case (supra) had further directed the Delhi Municipal Corporation of Delhi as thus: 21. In addition to and not in derogation of the orders passed by this Court in Dr. B.L. Wadehra's case (supra) had further directed the Delhi Municipal Corporation of Delhi as thus: 21. In addition to and not in derogation of the orders passed by this Court in Dr. B.L. Wadehra's case, 1986 AIR SCW 1185: AIR 1996 SC 2969 (supra), we order as follows: (1) We direct the Municipal Corporation of Delhi through the Commissioner, NDMC through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation Superintendents/Chief Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the DMC Act, 1957, New Delhi Municipal Council Act, 1994 and the Cantonments Act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, filth, garbage or other polluted obnoxious matters in any premises and/or prohibiting any person from depositing the same in any street or public place shall be scrupulously complied. (2) We direct that the streets, public premises such as parks etc. shall be cleaned on daily basis, including on Sundays and public holidays. (3) We direct and authorize the MCD, NDMC and other statutory authorities through competent officers as may be designated by them, (but not lower than in the rank of Sanitary Superintendent or equivalent post) to levy and recover charges and costs from any person littering or violating provisions of the diverse Acts, Bye-laws and Regulations relating to sanitation and health for violating the directions being issued herein. For this purpose the Commissioner, MCD, Chairman, NDMC and other concerned heads of sanitary authorities will prepare and publish for the information of public at large the scale of such charges/costs as may be levied and recovered in respect of the diverse acts of commission/omission. The charges/costs will be recoverable on the spot by such designated officers from any person found littering or throwing rubbish and causing nuisance so as to affect sanitation and public health. The Commissioner, MCD and Chairman, NDMC and other authorities may frame and publish such schemes as may be necessary to ensure compliance of these directions forthwith. Till the scheme is framed and published, the authorities named above would recover Rs. 50/- as charges and costs from any person littering or violating provisions of the Municipal Corporation Act, Bye-laws and Regulations relating to sanitation and health. This part be published and implemented at the earliest through concerned Sanitary Inspectors. Till the scheme is framed and published, the authorities named above would recover Rs. 50/- as charges and costs from any person littering or violating provisions of the Municipal Corporation Act, Bye-laws and Regulations relating to sanitation and health. This part be published and implemented at the earliest through concerned Sanitary Inspectors. (4) We direct the MCD through the Commissioner, NDMC through its Chairman and other statutory authorities through their respective head to ensure proper and scientific disposal of waste in a manner so as to subserve the common good. In this connection they shall endeavour to comply with the suggestions and directions contained in the report prepared by the Asim Burmon Committee. (5) We direct that sites for landfills will be identified bearing in mind the requirement of Delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD and Chairman, NDMC and other heads of statutory authorities like the DDA etc. There sites will be identified keeping in mind the environmental considerations and in identifying the same. Central Pollution Control Board's advice will be taken into consideration. The sites so identified shall be handed over the MCD and/or NDMC within two weeks of the identification, free from all encumbrances and without MCD or the NDMC having to make any payment in respect thereof. (6) We direct Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner of MCD, Chairman, NDMC and other statutory authorities like DDA and Railways to take appropriate steps for preventing any fresh encroachment or unauthorized occupation of public land for the purpose of dwelling resulting in creation of a slum. Further appropriate steps be taken to improve the sanitation in the existing slums till they are removed and the land reclaimed. (7) We further direct Union of India through Ministry of Urban Development Government of National Capital Territory of Delhi, Commissioner, MCD, Chairman, NDMC and other statutory authorities like DDA etc. to identify and make available to the MCD and NDMC within four weeks from today sites for setting up compost plants. Initially, considering the extent of solid waste, which is required to be treated by compost plants, the number of sites which should be made available will be eight. to identify and make available to the MCD and NDMC within four weeks from today sites for setting up compost plants. Initially, considering the extent of solid waste, which is required to be treated by compost plants, the number of sites which should be made available will be eight. Such sites shall be handed over to the MCD/NDMC free of cost and free from all encumbrances within two weeks of identification. MCD and NDMC shall therefore take appropriate steps to have the compost plants/processing plants established or caused to be established and to be in operation by 30th September, 2000. (8) We direct the MCD, NDMC and other statutory authorities concerned with sanitation and public health to regularly publish the names of concerned Superintendents of Sanitation and such equivalent officers who are responsible for cleaning Delhi who can be approached for any complaint/grievance by the citizens of Delhi together with their latest office and residential telephone numbers and addresses. (9) We direct the Government of National Capital Territory of Delhi to appoint Magistrates under Section 20 and/or Section21 of the Code of Criminal Procedure for each Board/Circle/Ward for ensuring compliance of the provisions of the MCD and NDMC Acts and to try the offences specified therefor in relation to littering and causing nuisance, sanitation and public health. These appointments shall be made within a period of six weeks from today in conformity with the reasons contained in this order. (10) All the concerned authorities will file compliance reports of these directions within eight weeks from today. The Central Pollution Control Board will also file within the same time an affidavit indicting as to what extent the directions issued have been complied with. 32. For the foregoing discussions and also under the 'doctrine of Public Trust' the State Respondents have the bounden duty to protect the Nambul River by evicting the encroachers on its eastern banks of/basin of the river from Maharani Bridge to Keishamthong Bridge and the Respondent No. 5. Imphal Municipal Council shall discharge its obligatory functions and duties as provided under Section 37 of the Manipur Municipalities Act, 1994 for which sufficient funds, more particularly the fund for carrying out the bounden duties of the Respondent No. 5 mentioned in above para 4,13,14,15 and 18 should be made available by the State Government. Imphal Municipal Council shall discharge its obligatory functions and duties as provided under Section 37 of the Manipur Municipalities Act, 1994 for which sufficient funds, more particularly the fund for carrying out the bounden duties of the Respondent No. 5 mentioned in above para 4,13,14,15 and 18 should be made available by the State Government. The State Government shall also make available dumping sites of the garbage/waste materials collected by the Respondent No. 5 from the Dustbins, the Market area and Municipal areas. The amount of funds required shall be decided after due deliberation of the Imphal Municipal Council and the State Government expeditiously. 33. Under the fundamental duties, as defined in Article 51-A of the Constitution of India, every citizen has to protect and improve the environment including forest, lakes, river, wild life and to have compassion for living creatures. The encroachers on the river bank and river basin of the Nambul river on its eastern bank from Maharani Bridge to Keishamthong Bridge, who utterly fail to discharge their fundamental duties under the Constitution of India, are required to be punished severely under the relevant provisions of law and they all be evicted. Since the steps to be taken up by authorities are for the betterment of the society, there should be no sympathy in evicting them from the river banks and river basin of Nambul river. Anybody found discharging effluents from the private latrines or/effluents and dumping/disposing solid wastes to the Nambul River are to be punished severely under the law and shall also be stopped immediately. The State Government and the Imphal Municipal Council are ordered accordingly. The whole exercise of eviction of the said encroachers shall be completed within a period of four months from the date of receipt of certified copy of this judgment and order. The Registry is directed to send the copies of this judgment and order by a Special Messenger to: (1) The learned Advocate General, Manipur, (2) The Chairperson, Imphal Municipal Council, (3) Chairperson, Manipur Pollution Control Board, Lamphelpat, Imphal. (4) Chairman, PDA, Manipur Imphal. (5) The Chief Secretary, Government of Manipur. (6) The Director General of Police, Manipur, Imphal. (7) The Secretary (MAHUD), Government of Manipur for necessary action.