Expressing displeasure over the lapses on the part of urban local bodies (UlBs) towards the issue of water pollution, the Orissa High Court has asked the State Government to show cause as to why the State Pollution Control Board (SPCB) shall not be directed to initiate prosecution against the executive heads of the UlBs.
Taking suo motu cognisance of a newspaper report, a Division Bench headed by Chief Justice DH Waghela was so upset and concerned over the issue on Wednesday that it asked the Government Counsel to submit a list and addresses of all UlB heads for service of notice in case of necessity.
“The State Government is called upon to show cause as to why the SPCB should not be directed to initiate prosecution against the municipal authorities for violation of mandatory provisions of the Water (Prevention and Control of Pollution) Act-1974,” the High Court said in its order posting the matter to be heard again on January 22.
The HC also asked the SPCB to give details about the steps taken to enforce the relevant provisions of the Act for restoration of quality of river waters, which are polluted by discharge of urban sewerage into it. The HC notices are returnable by January 22.
In accordance with Sections 25 and 26 of the Act, the SPCB in May last year had asked the UlBs to obtain consent to operate and for discharge of treated sewerage effluent into water bodies after meeting the protocol. Surprisingly, only 31of the 111 UlBs in the State applied for consent to operate under the Act, but none so far has submitted action plan to set up sewerage treatment system.
While the SPCB was contemplating to take legal actions against the erring UlBs, the High Court seized the opportunity by taking cognisance of the newspaper report and began adjudicating over it after converting it into a writ of public interest litigation (PIl).