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2000(2) Supreme 583
SUPREME COURT OF INDIA
(Under Art. 32 of the Constitution of India)
B.N. Kirpal, M.B. Shah and D.P. Mohapatra, JJ.
Almitra H. Patel & Anr. -Petitioners
versus
Union of India & Ors. -Respondents
Writ Petition (C) No. 888 of 1996
Decided on 15-2-2000
Counsel for the Parties :
For the Appearing Parties : Altaf Ahmed, Dr. A.M. Singhvi, M.S. Usgaonkar, Additional Solicitor Generals, Dushyant Dave, R. Mohan, T.C. Roy, Bhimrao N. Naik, P.N. Misra, Arun Jaitley, A. Raghvir, P.P. Malhotra, Joseph Vellapally, N.N. Goswami, Anil B. Diwan, Sr. Advocates, (Ms. Jayshree Anand, and Sushil Kumar Jain) Additional Advocates Generals, Ms. Ruby S. Ahuja, R.N. Karanjawala, Gourab Banerjee, Siddharth Dave, Haris Beeran, Ms. Manik Karanjawala, A.D.N. Rao, B.V. Balramdas, Ms. Shashi Kiran, S. Wasim A Qadri, S.K. Dwivedi, Ms. Anil Katiyar, V.G. Pragasam, Sunil K. Jain, Vijay Hansaria, S. Barhakur, Yashank Adhyaru, Satish, K. Agnihotri, Sakesh Kumar, V. Krishnamurthy, A. Mariarputham, Ms. Aruna Mathur, S.N. Bhat, Kailash Vasdev, Satvik Verma, Mahabir Singh, K.H. Nobin Singh, Gopal Singh, Ms. Anu Sawhney, Ms. H. Wahi, Anil Srivastav, Ms. A. Subhashini, S.K. Mehta, Dhruv Metha, Ms. Shobha, Ms. Geeta Luthra, Ms. Pinky Anand, D.N. Goburdhun, Ms. Shashi Kiran, D.S. Mehra, Vijay Panjwani, Bijan Ghosh, L.C. Agarwala, D.N. Mishra, Pallav Shishodia, B.A. Ranganathan, E.C. Vidya Sagar, B.K. Choudhary, Pradeep Misra, H.S. Parihar, K.S. Parihar, M.N. Shroff, Chirag M. Shroff, Ranjan Mukherjee, K.B. Rohtagi, Ms. Aparna Rohtagi Jain, Mahesh Kasana, G. Sivabalamurugan, Rajiv Dutta, V.B. Joshi, S.S. Shinde, G.B. Sathe, Naresh K Sharma, G. Prakash, Ms. Beena Prakash, Ms. Rahana V.M, V.G. Pragasam, M.A. Chinnaswamy, R.K. Maheshwari, K.R. Nagaraja, K.K. Tyagi, Ms. Shalini Bhalla, Ms. Abhilasha, Rajesh Singh, B.B. Singh, K. Ram Kumar, Ms. Santinarayan, Y. Subba Rao, B. Sridhar, Ms. Asha G. Nair, Ms. Kirti Mishra, J.K. Das, A. Mishra, Ms. Anjali Doshi, Brijender Chahar, Ms. Jyoti Chahar, Ashok Mathur, H.K. Puri, S.K. Puri, Rajesh Srivastava, Ujjwal Banerjee, Ms. Urmila Sirur, V.B. Saharya, Ms. Aparna Bhat, Ashok, K. Srivastava, S.C. Patel, Bharat Sangal, Rakesh U. Upadhyay, K.S. Bhati, K.K. Rai, Shiv Sagar Tiwari, Vijay Hansaria, A.P. Jain, Gargi Khanna, B.R. Patil, Ajay Kr. Gupta, Ms. V.D. Khanna, Ms. Nirmala Gupta, Fazlin Anam, Mahabir Singh, Ms. Yogmaya, R. Rahim, Ms. Farha Sultana, Y.P. Mahajan, Ms. Anil Katiyar, P. Parmeswaran, Gyanendra Agarwal, S. Bhaumick, Ms. Neithono Rhetro, Ms. Niti Dikshit, T. Mahipal, C.K. Sasi, Z. Angami, V.K. Verma, M.P. Shorawala, S.A. Mattoo, Ms. Sumit Hazarika, J.S. Manhas, Prashant, G. Desai, Kerban Ankleshwar, Ms. S. Janani. E.C. Vidya Sagar, J.S. Attri, T. Harish Kumar, Arvind Kumar, H.M. Singh, R.S. Suri, Shakil Ahmed Syed, L.R. Rath, Ms. Neetu Singh, M.P. Shorawala, Advocates.
Held : The local authorities are constituted for providing services to the citizens-not merely to provide employment to a few of its inhabitants. Tolerating filth, while not taking action against the lethargic and inefficient workforce for fear of annoying them, is un-understandable and impermissible. Non-accountability has possibly led to lack of effort on the part of the employees concerned. They are perhaps sanguine in their belief that non-performance is not frowned upon by the Government or by the heads of the organisations and no harm will befall them. (Para 12)
Domestic garbage and sewage is a large contributor of solid waste. The drainage system in a city is intended to cope and deal with household effluent. This is so in a planned city. But when a large number of inhabitants live in unauthorised colonies, with no proper means of dealing with the domestic effluents, or in slums with no care for hygiene the problem becomes more complex. Establishment or creating of slums, it seems, appears to be good business and is well organised. The number of slums has multiplied in the last few years by geometrical proportion. Large areas of public land, in this way, are usurped for private use free of cost. It is difficult to believe that this can happen in the capital of the country without passive or active connivance of the land owning agencies and/or the municipal authorities. The promise of free land, at the taxpayers cost, in place of a jhuggi, is a proposal which attracts more land grabbers. Rewarding an encroacher on public land with free alternative site is like giving a reward to a pickpocket. The department of slum clearance does not seem to have cleared any slum despite it s being in existence for decades. In fact more and more slums are coming into existence. Instead of Slum Clearance there is Slum Creation in Delhi. This in turn gives rise to domestic waste being strewn on open land in and around the slums. This can best be controlled at least, in the first instance, by preventing the growth of slums. The authorities must realise that there is a limit to which the population of a city can be increased, without enlarging it s size. In other words the density of population per square kilometer cannot be allowed to increase beyong the sustainable limit. Creation of slums resulting in increase in density has to be prevented. What the slum clearance department has to show, however, does not seem to be visible. It is the garbage and solid waste generated by these slums which require to be dealt with most expeditiously and on the basis of priority. (Paras 13 & 14)
In addition to and not in derogation of the orders passed by this Court in Dr. B.L. Wadhera v. Union of India and Ors., (1996) 2 SCC 594, we order as follows:
1. We direct the Municipal Corporation of Delhi through the Commissioner, NDMC through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation Suprintendents/Chief Sanitary Inspectors/ Sanitary Inspectors/ Assistant Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the DMC Act, 1957, New Delhi Municipal Council Act, 1994 and the Cantonments Act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, filth garbage or other polluted obnoxious matters in any premises and/or prohibiting any person from depositing the same in any street or public place shall be scrupulously complied.
2. We direct that the streets, public premises such as parks etc. shall be surface cleaned on daily basis, including on Sundays and public holidays.
3. We direct and authorise the MCD, NDMC and other statutory authorities through competent officers, as may be designated by them, (but not lower than in the rank of Sanitary Superintendent or equivalent post) to levy and recover charges and costs from any person littering or violating provisions of the diverse Acts, bye-laws and Regulations relating to sanitation and health for violating the directions being issued herein. For this purpose the Commissioner, MCD, Chairman, NDMC and other concerned heads of sanitary authorities will prepare and publish for the information of public at large the scale of such charges/costs as may be levied and recovered in respect of the diverse acts of commission/omission. The charges/costs will be recoverable on the spot by such designated officers from any person found littering or throwing rubbish and causing nuisance so as to affect sanitation and public health. The Commissioner, MCD and Chairman, NDMC and other authorities may frame and publish such schemes as may be necessary to ensure compliance of these directions forthwith. Till the scheme is framed and published, the authorities name above would recover Rs. 50/- as charges and costs from any person littering or violating provisions of the Municipal Corporation Act, Bye-laws and Regulations relating to sanitation and health. This part be published and implemented at the earliest through concerned Sanitary Inspectors.
4. We direct the MCD through the Commissioner, NDMC through its Chairman and other statutory authorities through their respective heads to ensure proper and scientific disposal of waste in a manner so as to subserve the common good. In this connection they shall endeavour to comply with the suggestions and directions contained in the report prepared by the Asim Burmon Committee.
5. We direct that sites for land fills will be identified bearing in mind the requirement of Delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD and Chairman, NDMC and other hands of statutory authorities like the DDA etc. These sites will be identified keeping in mind the environmental considerations and in identifying the same Central Pollution Control Board s advice will be taken into consideration. The sites so identified shall be handed over to the MCD and/or NDMC within two weeks of the identification, free from all encumbrances and without MCD or the NDMC having to make any payment in respect thereof.
6. We direct Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner of MCD, Chairman NDMC and other statutory authorities like DDA and Railways to take appropriate steps for preventing any fresh encroachment or unauthorised occupation of public land for the purpose of dwelling resulting in creation of a slum. Further appropriate steps be taken to improve the sanitation in the existing slums till they are removed and the land reclaimed.
7. We further direct Union of India through Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner MCD, Chairman NDMC and other statutory authorities like DDA etc. to identify and make available to the MCD and NDMC within four weeks from today sites for setting up compost plants. Initially considering the extent of solid waste, which is required to be treated by compost plants, the number of sites which should be made, available will be eight. Such sites shall be handed over to the MCD/NDMC free of cost and free from all encumbrances within two weeks of identification. MCD and NDMC shall thereupon take appropriate steps to have the compost plants/processing plants established or caused to be established and to be in operation by 30th September, 2000.
8. We direct the MCD, NDMC and other statutory authorities concerned with sanitation and public health to regularly publish the names of concerned Superintendents of Sanitation and such equivalent officers who are responsible for cleaning Delhi who can be approached for any complaint/grievance by the citizens of Delhi together with their latest office and residential telephone numbers and addresses.
9. We direct the Government of National Capital Territory of Delhi to appoint Magistrates under Section 20 and/or Section 21 of the Code of Criminal Procedure for each Board/Circle/Ward for ensuring compliance of the provisions of the MCD and NDMC Acts and to try the offences specfied therefor in relation to littering and causing nuisance, sanitation and public health. These appointments shall be made within a period six weeks from today in conformity with the reasons contained in this order.
10. All the concerned authorities will file compliance reports of these directions within eight weeks from today. The Central Pollution Control Board will also file within the same time an affidavit indicating as to what extent the directions issued have been complied with. (Para 21)
ORDER
Kirpal, J.-More in anguish, than out of anger, this Court nearly four years ago in Dr. B.L. Wadhera v. Union of India and Ors.1 observed :
"Historic city of Delhi-the capital of India-is one of the most polluted cities in the world. The authorities, responsible for pollution control and environment protection, have not been able to provide clean and healthy environment to the residents of Delhi. The amblent air is so much polluted that it is difficult to breathe. More and more Delhities are suffering from respiratory diseases and throat infections. River Yamuna-the main source of drinking water supply-is the free dumping place for untreated sewage and industrial waste. Apart from air and water pollution, the city is virtuality an open dustbin. Garbage strewn all over Delhi is a common sight. The Municipal Corporation of Delhi (the MCD) constituted under the Delhi Municipal Corporation Act, 1957 (Delhi Act) and the New Delhi Municipal Council (the NDMC) constituted under the New Delhi Municipal Council Act, 1994 (New Delhi Act) are wholly remiss in the discharge of their duties under law. 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."
The Court then proceeded to issue 14 directions in an effort to see that the capital of the biggest democracy in the world is not branded as being one of the most polluted cities in the world.
2. It is indeed unfortunate that despite more than sufficient time having elapsed the condition of Delhi has not improved. The citizens of Delhi increasingly suffer from respiratory and other diseases, the river Yamuna is highly polluted and garbage and untreated domestic and industrial waste is being either freely dumped into the said river or is felt on open land, large volume of which remains unattended.
3. The present writ petition is concerned with the question of solid waste disposal. By order dated 16th January, 1998 this Court constituted a Committee headed by Mr. Asim Burmon to look into all aspects of urban solid waste management and in particular to the following four areas :
"1. Examine the existing practices and to suggest hygienic processing and waste disposal practices and proven technologies on the basis of economic feasibility and safety which the Corporations/Government may directly or indirectly adopt or sponsor.
2. Examine and suggest ways to improve conditions in the formal and informal sector for promoting eco-friendly sorting, collection, transporation, disposal, recycling and reuse.
3. To review Municipal bye-laws and the powers of local bodies and regional planning authorities and suggest necessary modifications to ensure effective budgeting, financing, administration, monitoring and compliance.
4. Examine and formulate standards and regulations for management of urban solid waste, and set time frame within which the authorities shall be bound to implement the same."
4. After a preliminary and then the final report of the said committee was received notices were issued to all the States who were required to file their responses to the report of the committee. None of the States really opposed the recommendations made by the committee and it is noticed that the responses of the States were in fact positive. Keeping the aforesaid report in mind, Management of Municipal Solid Waste (Management and Handling) Rules 1999 were notified by the Central Government which, as the heading itself suggests, deals with the question as to how the solid waste in the cities is to be managed and handled.
5. In this Court s order dated 15th October, 1999 i
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