CIVIL MISC. WRIT PETITION NO. 4003 OF 2006
(Under Article 226 of the Constitution of India)
Paramnand Ashram, Teakar Mafi,Amathi, District Sultanpur at Present Residing at Jhoosi, Post Jhoosi, Dist. Allahabad\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026
Secretariat, Lucknow (U. P.)
2. The Commissioner, Allahabad Division, Allahabad.
3. The Collector, Allahabad, Dist. Allahabad.
4. The Mala Officer Incharge, Magh Mela, Allahabad.
5. State Board for Prevantation and control of water
The spiritual sanctity of the water of River Ganga, deeply associated with the rituals and custom of Hindu philosophy, regarding its great traditions; and simultaneously emergence of the dead body or its ashes in holy water, some time provokes me to have an introspection and at that moment, the sound proposition in these verses reminds me of my Duty in this manner:-
My life\u2019s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness\u201d.
\u201cWe, the people\u201d are still like cavemen, with our back turn to light, watching the shadow of the wall. There is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people" who are regarded to be the sovereign of the nation, are living a life full of abrogation and subjugation.
\u201cAll the members of the court are considered as wounded, where justice is found wounded with inequity, and Government do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished.\u201d
\u201cA virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner.\u201d
All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off.\u201d
\u201cWhen injustice is done in the government out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice, the second by the witness, the third by the court, and the fourth by the president king of an unjust Government.\u201d
That the Gaumukh Glacier situated at about 119 km from District Head Quarter of Uttar-kashi at the State of Uttranchal. There is the extinction of the ice due to transmission of the energy on account of providing nourishment to the tourist. According to an estimate, this glacier was running behind at the rate of 18 meter per year upto year at 1990. Now as per the report submitted by the Gobind Bhallabh Pant, Himalayan and Environmental Development Institute, Koshi, Almorha, the gravity of extinction of this glacier is now assessed at the rate of 30 meters per year and thus there is possibility at the extinction of entire glacier leading to environmental crises of scarcity of water to entire natives through Ganga river upto the year of 2050. Thus there has been the demand for preservation of Gangotri Glacier. That water from the Ganga has the recursive property that any inherits its healing and other holy properties.
That the Bhagirathi and Alakhnanda Rivers intermingles together at Deo- prayag. The extent of Ganga origin is spread from Bundhar-punch to Nanda Devi; from east flow the Vishnu Ganga toward Badrinath, while Dhouli- Ganga comes from Drowna-giri. They mingle together at Vishnu Prayag. The Rishi-Ganga emerges from Nanda Devi and meets Ddouli- Ganga and the combine stream are meet at Nand Prayag. From Trishul peek emerges Pinder-ganga, which join it\u2019s at Karan-Prayag, while Mandakini emerges from Kedar Nath and merges with Alakhnanda at Rudra Prayag. Thus at Deo-prayag before meeting at two rivers namely Bhagirathi and Alakhnanda, there has been merging of different rivers in Alakhnandda and ultimately the pious water of Ganga vanishes in Gangotri plans, which is known as Mother Ganga. For about 840 million of Hindus,just to take a dip inside the water of Mother Ganga is considered to be purified on their sins. River Bhagirathi and
That the peculiarities of Allahabad, where Ganga appears as through diamond and sapphire, a flock of white swan, a bunch of garland of white lotus and the cloud of Autumn, is no more seen by 870 million pilgrimage reaching at Allahabad just to take a dip at Sangam during Kumbh festival. During Mauni Amavasaya, it is believed to be the day of celestial blesses and auspicious bathing day, as the sun enter in the Capricorn zone in month of Magh. According to Rig\u2013veda, those who bathed at Sangam, attained salvation after death. Thus it is the sacred duty of the citizen to remain the holy water of Ganga intact, as the same is received through proper supply and distribution from Ganga cannel at Narora.
That from Gangotri Glacier onward, Bhagirathi emerges, which is now connected with Bhilangna river at Tehri Dam. There has been sustainable development and simultaneously the demand for an environment protection at Teheri Dam project. Since the Right to live a decent life and Right to health falls under Article 21, the environmental clearance may be the subject matter of judicial review of the decision making process of an Administrative action. The protest of ecologist not to be seen as obstructionist and antic process, but it is being respected, as that of thought provocation.
That it is a story of how downstream towns suffer due to activities upstream. The Ganga drains eight States Himachal Pradesh, Punjab, Haryana, Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar, West Bengal and the union Territory of Delhi. There are distilleries, paper, sugar mills and chemical units in Meerut, Rampur, Gajraula Industrial Estate, Moradabad, Bulandsahar and other towns of Western Uttar Pradesh and Uttaranchal which discharge their highly contaminated, multi-coloured waste into the Ram Ganga and Kali rivers, the tributaries of Ganga which meet it in the upstream of Kanpur. The industrial effluents generated by upstream towns aggravate Kanpur\u2019s drinking water problem. In Kanpur, 1350-odd leather- making units add to the pollution of the holy river. Resultantly, further down, Allahabad gets more toxic water.
That the various aspects relating to the conditional clearance have been dealt with in the catchments area. It impact upon flora and fauna relating to water quality maintenance and its impact upon human health has been
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