1996 Supreme(SC) 520

1996(2) SUPREME 402
SUPREME COURT OF INDIA
Kuldip Singh and S. Saghir Ahmad, JJ.
Dr. B.L. Wadehra -Petitioner
versus
Union of India & Ors. -Respondents
Writ Petition (C) No. 286 of 1994
Decided on 1-3-1996

IMPORTANT POINT
MCD and NDMC must keep the City of Delhi clean by deploying all the means at their disposal. They cannot plead non-availability of funds, inadequacy or inefficiency of the staff, insufficiency of machinery etc. as grounds for non-performance of their statutory obligations under DMC Act, 1957 and NDMC Act, 1994 in tune with constitutional mandate under Articles 21, 48A and 51A(g). For this Supreme Court has issued 14 binding directions in this respect in the operative part of this historic judgment.

Headnote:(i) Constitution of India-Articles 21, 32, 48A and 51A(g)-Writ petition by an Advocate of Supreme Court for directions to MCD and NDMC to perform their statutory duties in particular the collection, removal and disposal of garbage and other waste-Supreme Court in its interim order directing MCD and NDMC to give time schedule regarding the cleaning of Delhi-Inability shown for various reasons (Para 13)- Whether there is lack of staff? (No) (Para 19)-Whether lack of finance can be an excuse? (No) (Para 1)

       Held : It is no doubt correct that rapid industrial development, urbanisation and regular flow of persons from rural to urban areas have made major contribution towards environmental degradation but at the same time the Authorities - entrusted with the work of pollution control - cannot be permitted to sit back with folded hands on the pretext that they have no financial or other means to control pollution and protect the environment. (Para 1)

       It would be useful to mention that the MCD has a very large force of Karamcharies working for it. There are 38311 Safai Karamcharis. The MCD has more than 1400 Sanitary Inspectors and other officials in that category. The total area which the MCD is supposed to keep clean and tidy is 1399.26 Sq. Km. The simple arithmetic shows that there are 27 Safai Karamcharis and one Sanitary Inspector for one Sq. Km. of area. We are of the view that with such a large manpower at its disposal there can be no excuse with the MCD for not controlling the disposal of garbage and keeping the city clean. The NDMC is still in a better position. It has 2172 Safai Karamcharis and the area under its control is 42.40 Sq. Km. which means that it has 50 Karamcharis to man one Sq. Km. There is no reason whatsoever why with such a huge manpower at their command the MCD and NDMC cannot present a neat and clean Delhi to its residents. (Para 19)

       The MCD and NDMC have already started door to door collection of garbage on experimental basis. It is stated that polythene bags are also being distributed in the selected areas. We make it clear that the modalities in our interim orders from time to time have been in the nature of suggestions. We, however, reiterate that the MCD and the NDMC must keep the city clean by deploying all the means at their disposal. We are issuing binding directions in this respect in the operative part of the judgment. (Para 20)

       (ii) Delhi Municipal Corporation Act, 1957-Sections 42, 43, 59, 108, 354, 356, 357, 465, 469, 486, 487, 488-New Delhi Municipal Council Act, 1994-Sections 11, 12, 53, 261, 263, 264, 265, 266, 267 and 375-Whether MCD and NDMC is under statutory obligation to Scavenge and clean the city of Delhi? (Yes)-Effect-

       Held : It is clear from various provisions fo the Delhi Act and the New Delhi Act that the MCD and the NDMC are under a statutory obligation to scavenge and clean the city of Delhi. It is mandatory for these authorities to collect and dispose of the garbage/waste generated from various sources in the city. We have no hesitation in observing that the MCD and the NDMC have been wholly remiss in the performance of their statutory duties. Apart from the rights guaranteed under the Constitution the residents of Delhi have a statutory right to live in a clean city. The courts are justified in directing the MCD and NDMC to perform their duties under the law. Non availabilty of funds, inadequacy or inefficiency of the staff, insufficiency of machinery etc. Cannot be pleaded as grounds for non-performance of their statutory obligations. (Para 22)

       (iii) Constitution of India-Arts. 21, 32, 48A and 51A(g)-MCD Act, 1957 and NDMC Act, 1994-Binding directions to MCD, NDMC, Delhi Administration, UOI and other authorities regarding collection, removal and disposal of garbage and other waste in Delhi to control pollution and protect the environment (See para 24 containing 14 such directions)-Writ petition disposed of accordingly.

       Held : In the light of the facts and circumstances noticed above and also keeping in view the suggestions made by the learned counsel assisting us in this petition, we issue the following directions:-

       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. (Para 24)

       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 recepticals/collection centres shall be kept clean and tidy eveyday. 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 Rai, 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.

       6. We direct the Government of the National Capital Territory of Delhi to appoint Municipal Magistrates (Metropolitan Magistrates) under Section 469 of 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 and 357 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 Section 465 of Delhi Act and similar provisions under the New Delhi Act. The MCD and the 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 the New Delhi Act.

       8. The MCD has placed order for the supply of about 200 Tippers with the Ordinance 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 an 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 utilised 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 at 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 requests from 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. 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/methods 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.