M.M. Kumar, CJ.— 1. This public interest litigation was initiated in the year 2002 and directions were sought against the official respondents to ensure that painting on rocks or any other affixation of advertisements in the eco-sensitive Jammu- Srinagar-Leh High way may not be permitted. It is appropriate to mention that the official respondents were the State of Jammu and Kashmir through its Chief Secretary, Commissioner-Secretary to Government, Forest Department, Principal Chief Conservator of For ests, the Chairman J&K State Pollution Control Board, the Director Environment & Remote Sensing and the Chief Engineer Beacon c/o 56 APO. During the course of proceedings a large number of private firms have been joined as party respondents who were indulging in indiscriminate of painting rocks for advertisement of their products. 2. The matter came up for consideration of the Bench on various dates. On 20.03.2003 a four member Committee was appointed to make on spot assessment of damage caused to the Shivalik Range Hills by advertisements/pain tings of rocks between Jammvi-Srinagar-Leh National Highway. The Committee was comprised of two Advocates of this Court namely S/Shri Tashi Rabstan and Mr. Mayank Gupta. The other 2 members were one each from Department of Geology, Univer sity of Jammu and the Regional Research Laboratory Jammu. The Committee was required to make spot assessment and submit its report. The Bench made it clear that the Committee was not to confine its report for holding accountable for damages the party respondents alone but it was at liberty to highlight the activities of any other person or business house, who may have caused damage to the Shivalik Ranges by painting their advertisements on the rocks alongside the National High between Jammu and Srinagar. The Committee was required to take into account the size and the number of paintings put up by them. In case any labour was to be engaged for measurement then the Committee was at liberty to do so and bills for expenses incurred was to be submitted by the Committee to the Court. 3. The Committee submitted its report and respondents were given time to file objections if any to the report. The Committee examined in detail and found that there were 363 large and small size hoardings along the National Highway which were erected on the rock slopes. The size of the hoardings in most of the cases was 20 feet X 10 feet.
The Committee examined in detail and found that there were 363 large and small size hoardings along the National Highway which were erected on the rock slopes. The size of the hoardings in most of the cases was 20 feet X 10 feet. The findings recorded by the Committee are that the damage is extensive to the eco-system on these fragile mountain slopes and riverbeds which sustain mosses and innumerable species of micro-organisms. These geological formations are the repository of geological records of the past millions of years and damage caused to them is irreversible in practical terms. This invaluable geological record should not be damages by allowing any activities of painting for advertise ments etc. It is also interesting to notice the opinion of the Committee as to how paintings on rocks caused irreversible damage to the geological environments and ecology. On the aforesaid issue the finings of the Committee would read as unden- "Painting on rocks causes irreversible heavy damages to the geological environments and ecology. These damages are multifold and have muiti-pronged adverse effects on the health of the earth systems. The damages causes by this human activity unfortunately do not catch the attention of the people, as is the case with earthquakes, volcanoes, storms, fires, floods, landslides, etc. But the adverse effects of painting on rocks are far more reaching in the labile geoenvironment and ecosystems than the above cited examples. Some of these irreversible adverse effects are detailed here. Elimination of Soil Formation processes The physical, chemical and biological weathering processes are operative at the interface of rock face and atmosphere. This process is essential for the formation of soil in the earth system. Since abiotic and biotic environments are intimately related and interdependent, the demise of one perishes the other. For sustenance of either, the soil forming processes are of paramount importance. It'has been estimated that under the ideal conditions, forma tion of 1 inch of soil takes about 2000 years. Application of paint layers on the rock surfaces culminates the process of soil formation completely unless and until the whole paint layer gets degenerated either by the natural processes or removing it by other means. But in the process whole of the ecosystem at the macro and micro levels gets disturbed and induce prob lems in the environment and eco-system at all levels.
But in the process whole of the ecosystem at the macro and micro levels gets disturbed and induce prob lems in the environment and eco-system at all levels. All of the weathering processes include both biochemical solution, brought about largely by the action of bacteria, and humic acids derived from rotting organic organic matter, as well as physical fracturing of rocks (may be caused by tree roots). In the absence of organisms in geoenvironment, soil formation does not take place. Since the downward percolation of chemicals by leaching is offset by the upward movement of moisture by capillary attraction. Painting on rocks would halt this process and lead to percolation of toxic elements into the ground water. In the highway sector physical weathering occurs in freeze-thaw, insulation, hydration and de hydration, and stress release modes. Hydration and dehydration develop shrinkage cracks in clays and lightly indurated shales as they dehydrate. The shrinkage cracks developed permeability thus aiding chemical weath ering from rainwater while waterlogged clays may lead to landslides. Stress release and freeze-thaw processes also induce fracture porosity in hard rocks (igneous and metamorphic rocks having low porosity of 10-15%) in this sector. This fracture porosity would also allow passage of the toxic chemical elements from the paint to enter the ground water and make it unfit for all purposes. The process of chemical weathering relies almost entirely on water. This process separates rock into three main constituents: the solutes, the newly formed minerals and the residuum. In the siwalik siliceous rocks the residuum would be quartz after dissolution of carbonate cement and acid soluble minerals. This residuum would lead to accumula tion of clay free sands and consequently desert conditions in the region. The process is already commenced in this region and painting on rocks would simply add fuel to the fire." 4. The Committee also assessed the effects on porosity and role of bacteria and concluded that the atmospheric nitrogen fixation comes to an end with application of paint on rock surfaces. Paint coatings exposed to weathering undergo aging. Aging is defined as the sum of chemical and physical process that occur in the coating over the course of time. Aging is mainly caused by radiation, temperature and moisture (rain and atmospheric humidity). Solar radiation is the principal cause of aging, which, in turn, heats up the coating depending upon the colour of the surface.
Aging is defined as the sum of chemical and physical process that occur in the coating over the course of time. Aging is mainly caused by radiation, temperature and moisture (rain and atmospheric humidity). Solar radiation is the principal cause of aging, which, in turn, heats up the coating depending upon the colour of the surface. The Committee goes on to discuss the effects on Micro-fora and fauna and the findings would read as under: - "Effects of Micro-fora and fauna Paint can destroy algae, mosses and lichens that grow in abundance on the rock surfaces on the mountain slopes or riverbeds. Photosynthesis occurs on the porosity of rocks, which in turn mars all chances of regeneration of lower plants and kills insets too. Due to layers of paint on rocks they heat up very fast and some fragile rocks break. Besides, many of these rocks have crevasses through which interstitial water (fracture porosity) flows, which gets contaminated by toxic compounds released from decaying of paints. Certain bacteria living in the roots and nodules of the leguminous plants fix atmospheric nitrogen and contribute to the nutrient stock in the soil, while burrowing animals make it more porous and permeable, i.e., more receptive to accommodation of water and air, and water yielding capacity. The vegetarian on the soil determines its microclimate and also provides an umbrella against attack of denuding winds and water. Effects on Permeability Paint layers on the rocks render the pervious rocks impervious thereby totally obliterate the percolation of surface run-off and consequently the recharging of the ground water. These induced impervious rock layers result in oblitera tion of capillary action in zone of aeration tha t would result in degeneration of eco-friendly microorganisms in the subsoil. Penetration of paint ingredients into the rocks having calcium carbonate as cementing material (as in case of Siwalik rocks) would dissolve it and loosen the sediments. This process of de-cementation would lead to degra dation of the rocks and instability of the already fragile slopes in the sector. The immediate causality would be in terms of loss of soil cover, initiation of landslides and slope failures and degeneration of bio-diversity at the macro-and micro levels. The insoluble residue in paint may plug the throats of the intergranular porosity and thereby reduce the flow of interstitial water.
The immediate causality would be in terms of loss of soil cover, initiation of landslides and slope failures and degeneration of bio-diversity at the macro-and micro levels. The insoluble residue in paint may plug the throats of the intergranular porosity and thereby reduce the flow of interstitial water. This process may also result in induced permeability barrier accumulating sufficient water content in a confined layer and would induce pressure on the fragile rocks to slide down the slope". Subsequently this process would also reduce the recharging of the ground water. Water Contamination For environmental protection solid residue and other waste produced b\ applying paints are to be dumped at a proper place. Articles such as containers, paint residues and contaminated filters have to be disposed of. The paint workers are regularly exposed to volatile organic compounds, especially solvents and are susceptible to skin diseases and even mav be absorbed through skin leading to death. The committee observed all such materials lying spread here and there near the painted rock and other sites all along the highway. Poly vinyl latex paints can be thinned with water and are resistant to LJV light. This property makes it to last longer time. In addition paint formula tions contain dispersants and wetting agents, defoamers, thickeners and protective colloids, freeze-thaw stabilizers, coalescing agents (tend to be volatiles) and biocides. Plants with water-soluble vehicles may dissolve in water or may be dispersed in emulsion form. These paint ingredients are harmful to water, and the soil, the potential danger to the user. Participate matter and pathogen bacteria are not known to more far (more than 30 m) depth, but the chemical pollutants including trace element move quite freely far and deep and can thus cause serious underground water pollution. Only 2.7% of the total water on earth is fresh water, ground water accounting for merely 0.62%. The volume of water in the rivers of India annually discharge into the seas is 164500 million m3 - 80-90% flowing down during the rainy season. The amount of annual recharge to under ground water is 422860 million m3-. In spite of the abundance of water, 162 million people residing in 152000 villages in India have no reliable and safe supply of drinking water. The toxic elements in the paint get released with the decay of paints on the rocks and form a part of the soil layer.
In spite of the abundance of water, 162 million people residing in 152000 villages in India have no reliable and safe supply of drinking water. The toxic elements in the paint get released with the decay of paints on the rocks and form a part of the soil layer. By surface run-off some of these toxic elements are directly carried into the water bodies where they get dissolved and cause water pollution. This process would adversely affect the aquatic fauna and flora and hence the food chain of which the human being is the dominant consumer. Some of these elements get dissolved in situ and are carried in solution to the ground water through percolation and render the ground water polluted." 5. The Committee also assessed the effects of such activities on groundwater recharging. It found that painted rock surfaces are rendered devoid of either its micro-environments which are also badly affected by denudation processes. The amount of water held in aquifer depends upon the proportion of porosity in rocks/soils but the capacity to yield this water and the rate of outflow depends upon permeability which is controlled by the interconnection of pore spaces, fissures and openings. The Committee went on to discuss the toxicity due to paints, air pollution, desertification, biodegradation and some other effects. In addition to creating environment degradation the hoardings which are erected in the hilly terrains, result into serious motor vehicle accidents as it tend to obstruct the view of the roads on the opposite side. Therefore, it has to be taken seriously. 6. In pursuance of various orders passed by this Court, objections have been filed by a large number of private respondents. They were also directed to deposit a sum of Rs. 5000/- each. Some of the private respondents have deposited this amount and some of them continue to be defaulters. 7. We have heard learned counsel for the parties and are of the view that the instant public interest litigation must succeed and the following directions are required to be issued:- (i) The respondent-companies must abide by the law laid down in various orders of Hon'ble the Supreme Court in case of T.N. Godavarman Thirumalpad v. Union of India and ors (2002) 10 SCC 606 , and (2009) 17 SCC169.
According to the directions issued by Hon'ble the Supreme Court in the aforesaid two judgments it has been specifically noticed that on the basis of a report of a Central Empowered Committee, expenses to remove the un-authorized hoardings and wath the defacing of rocks for advertising their products have to be met by such companies. Hon'ble the Supreme Court was dealing with defacing of rocks by painting advertisements on National Highway IV. Applying the principles of sustainable development and stopping the activities of this nature, the Supreme Court has issued directions. Accordingly we proceed to dispose of the instant public interest litigation by issuing the following directions:- (a) Those companies, who have defaced the rocks and other sensitive ecological area of the National Highway from Jammu to Srinagar and Srinagar to Leh, must remove the same in accordance with the expert Committee report. (b) We also direct that the party-respondents who have not deposited a sum of Rs. 5000/-, must deposit the same with the Registry within two months from today failing which contempt notices be issued to them for not complying with the directions of this Court in various orders. (ii) The official respondents as well as the private respondents shall remain bound by the directions issued by Hon'ble the Supreme Court in T. N. Codavarman Thirumalpad's case (supra) or other cases. (iii) The private respondents and all other companies are restrained from painting the rocks on the National Highway in the State of Jammu and Kashmir. Any violation thereof shall be viewed seriously by the official respondents and any such activity be reported to this Court by filing appropriate application. The Pollution Control Board may also invoke the powers from various provisions of Environment Protection Act, 1986 and initiate proceedings including initiation of criminal prosecution against such agencies. (iv) All the private respondents shall remain bound by the undertaking filed by them that they will not indulge in any environment degradation by resorting to painting the rocks on National and other State Highways of Jammu and Kashmir. The parties, who have not filed the undertaking, shall do the needful within six weeks from today. The Registrar (Judicial) Jammu Wing shall issue all such parties a notice and if they fail to file the required undertaking then it shall be taken as violation of these directions. Then contempt proceedings shall be initiated against all such defaulters. 8.
The parties, who have not filed the undertaking, shall do the needful within six weeks from today. The Registrar (Judicial) Jammu Wing shall issue all such parties a notice and if they fail to file the required undertaking then it shall be taken as violation of these directions. Then contempt proceedings shall be initiated against all such defaulters. 8. The public interest litigation is closed at this stage with the hope that all official respondents would flung into action and would not leave any stone un turned to check environmental degradation by paintings of rocks on National Highways. 9. The petitioner is at liberty to move any appropriate application for issuance of any other directions, if such a necessity is felt.