Imphal, September 21 2010: The Gauhati High Court, Imphal Bench today while stressing the need for taking up steps to protect Nambul river and manage solid waste by providing large storage bins at proper places, directed the state government and the Imphal Municipal Council to evict encroachers on the eastern side of the river bank within a four month period.

The order passed today in response to public interest litigation (PIL) petition filed by Environment Protection Committee, Palace Compound regarding protection of Nambul river and management of solid waste by providing adequate storage bins.

The petition was filed against the Union ministry of Environment and Forest, Ministry of Urban Development and Poverty Alleviation, Manipur government, Municipal Administration Housing and Urban Development (MAHUD), Imphal Municipal Council and Manipur Pollution Control Board.

The order passed by the court comprising judges, Justice T NK Singh and Justice K Meruno stated that the Nambul River should be protected by keeping the river bank/river basin open to public for the use of general public, separating the river from the private usage by constructing a wall of 4 metres in height.

The eastern side of the river bank from Maharani Bridge upto Keishampat should be left for public use by constructing a wall separating the river private use or encroachment and prohibiting discharge of untreated effluents well as disposal of solid waste.

Respondents have also been directed to clean all streets, parks and public places every day in the early morning, to enable collection of solid waste from house to house and Leikai to Leikai on daily basis, to provide cleaning of garbage every morning and to not discharge untreated effluents into the river.

While observing that Imphal Municipal Council, one of the six respondents of the case, has failed to clean garbage on its areas under the existing Acts and Statutes, the order also directed the Council to manage and handle solid waste generated in Imphal Municipal areas.

The failure of the IMC to effectively dispose solid waste had led to garbage dumping in Khwai Bazar, Nagamapal, Khurumyonpham, Uripok near Cheirap Court, Sagolband, Lamlong, Kongba, Singjamei, Nagaram and Namdulong as well as the banks of the Nambul and Imphal rivers running through the IMC area.

The river bank and river basin are public property and no person is allowed to encroach or utlise any of its parts.

No individual should be allowed to discharge untreated effluents into the river, the order stated directing authority concerned to take up appropriate action.

Under the 'doctrine of Public Trust' authorities of the state government have the bounden duty to protect the Nambul river by evicting encroachers on its eastern bank from Maharani Bridge to Keishamthong Bridge.

IMC should discharge its obligatory functions and duties as provided under section 37 of the Manipur Municipalities Act, 1994 for which sufficient funds, should be made available by the state government.

It further said that that encroachers on the river bank and river basin of the Nambul river on its eastern bank from Maharani bridge to Keishamthong bridge, who have defied their fundamental duties under the Constitution of India, are required to be punished severely under the relevant provisions of law and they should 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 evictions from the river banks and basins of Nambul river.

Anyone found discharging effluents from private latrines or dumping solid waste in the Nambul river are to be punished severely under the law.

State government and IMC should act immediately as soon as a copy of the directive is received and start evictions of the said encroachers within four months from the date of receipt of the judgment, it added.

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