M.B.SHAH, B.N.KIRPAL, D.P.MOHAPATRA
Almitra H. Patel – Appellant
Versus
Union Of India – Respondent
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
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