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1999 Supreme(SC) 1357

1999(9) Supreme 344
SUPREME COURT OF INDIA
(Under Art. 32 of the Constitution of India)
G.B. Pattanaik, M. Srinivasan & M.B. Shah, JJ.
D.K. Joshi -Petitioner
versus
Chief Secretary, State of U.P. & Ors. -Respondents
Writ Petition (C) No. 426 of 1992
With
Interlocutory Application No. 4
Decided on 19-11-1999
Counsel for the Parties :
For the Petitioner : Sanjay Parikh, Advocate.
For the Respondents : R.C. Verma, (Ms. Sandhya Goswami) Advocate (N.P.), R.K. Bhatt, R.B. Misra, K. Misra, Ashok K. Srivastava, Ms. Indra Sawhney, Advocates.

Headnote:Environmental Law - Pollution Control-Water pollution and disposal of solid waste-Government s duty to supply unpolluted safe drinking water and provide sewerage and drainage system and disposal of solid waste-Petition by a citizen residing in Agra city-Supreme Court directed State Government to constitute a Monitoring Committee which would be represented by social worker and citizen s representative under the Chairmanship of Commissioner Agra to look into effective functioning of public authorities responsible for supply of drinking water, providing for sewerage and providing for adequate measures for disposal of solid waste-Commissioner of Agra would be held responsible for efficient monitoring of all projects-Monitoring Committee will be entitled to examine money that is being spent in each of projects and ensure proper utilisation of money.

       

JUDGMENT

Pattanaik, J.-Mr. D.K. Joshi, an inhabitant of Agra town had filed this writ petition in the year 1992, alleging therein that the supply of drinking water in Agra city is extremely polluted, the water being contaminated, filthy and totally unhealthy for human consumption. It was also averred in the said petition that notwithstanding several legislations, conferring power and duty on different agencies like Nagar Mahapalika, the State of Uttar Pradesh, the U.P. Pollution Control Board, those authorities have not exercised .

 their power as a result of which the common man and citizens of Agra have been suffering. In the said writ petition all the concerned authorities were added as respondents. Since the interest of the residents of Agra, without attracts large number of tourists, not only from within the country but also from different foreign countries were involved, this Court issued notice pursuant to which affidavits have been filed by different authorities. A conspectus of those affidavits indicate that though some initiative has been taken in discharging their statutory obligations but the concerned authorities have not taken adequate steps which they ought to have taken. By orders of this Court NEERI was called upon to submit a report and a report has been submitted by the said organisation, indicating the long term measures which can be taken in relation to supply of drinking water as well as sewerage and drainage system and disposal of solid waste in the city of Agra. This Court had passed an order on 21.2.97, calling upon the State of U.P. to indicate the projects undertaken by the State Government in relation to the aforesaid three issues and thereafter several status reports have been filed by the said State of U.P., the last one being filed on 31st of July, 1998. Although the State Government has taken some definite steps in all the three aspects, namely supply of drinking water, providing adequate sewerage and drainage system and providing measures for disposal of solid waste in the city of Agra but by no stretch of imagination, it can be said that the measures taken by the State Government are adequate in relation to the necessity of the city.

2. Mr. Parikh, the learned counsel, appearing for the petitioner submitted that since the latest status report submitted by the State of U.P. is not satisfactory, this Court should continue to monitor the steps taken by them, so that the inhabitants of Agra will get the benefit of a healthy atmosphere in getting unpolluted drinking water as well as in getting the solid waste disposed of scientifically and in having a good sewerage system so that the open drains would not continue to stink. But having regard to the fact that the matter is pending in this Court since 1992 and there has been adequate monitoring in this regard, we do not think it appropriate to retain this matter any further. On the other hand we think it appropriate to issue certain directions to be complied with by the State and appoint a Monitoring Committee to be headed by the Commissioner of Agra which can look into the effective functioning of the several public authorities, who are responsible for the supply of drinking water, providing sewerage and providing adequate measures for disposal of solid waste. In our opinion, the State of U.P. would set up a Monitoring Committee under the Chairmanship of Commissioner of Agra Division in this regard, which should consist of Commissioner of Agra Division as the Chairman and District Magistrate, Agra, Chief Medical Officer, Agra, a representative of the U.P. Pollution Control Board, Shri D.K. Joshi, the petitioner in this writ petition, who would be the representative of the Citizens Committee, the Superintending Engineer of the Yamuna Action Plan and Shri Raman who is stated to be a dedicated social worker, living in the city of Agra. This Monitoring Committee would be authorised to take help of any other person, whom they think necessary. The s






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