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2001 Supreme(SC) 1560

Supreme Court Of India
NEWS ITEM "hindustan TIMES" A. Q. F. M. YAMUNA
Versus
CENTRAL POLLUTION CONTROL BOARD
Decided on November 6, 2001

Government obligation to maintain water quality and ensure compliance with statutory provisions

Headnote:

Pollution - River Yamuna - Water Quality

Fact of the Case:

The court noted the deterioration of water quality in River Yamuna, which posed a serious health hazard for the inhabitants of Delhi.

Finding of the Court:

The court directed the Delhi Administration to provide a time schedule and phases to reduce pollution levels to ensure that no untreated sewage enters River Yamuna by March 2003.

Issues: Deterioration of water quality, non-compliance with government parameters, health hazard

Ratio Decidendi: The government is obligated to ensure unpolluted water or tolerable standard of water is maintained, and the court's concern is to ensure that statutory provisions regarding water quality are attained.

Final Decision: The Delhi Administration was directed to file an affidavit outlining the proposed actions and phases to reduce pollution levels, with appropriate orders to be passed upon filing.

( 1 ) IN the order dated 11/10/2000 it was inter alia directed that suggestions would be given with regard to treatment of sewage in such a way that with effect from March 2003, no untreated sewage should go to River Yamuna. The latest data with regard to water quality, which has been filed by CPCB shows that since at least two-three years there has been no improvement in the water quality. The oxygen in the water after it enters Delhi is still nil while at the same time the total coliforms from 600 go up to 7 crores and faecal coliforms go from 34 to 1 crore 41 lakhs at Nizamuddin. It is this deterioration of water quality which has become a serious health hazard for the inhabitants of Delhi. The parameters which are laid down by the Government itself are not being adhered to. The Government with all the resources at their command are under a duty and obligation to ensure that unpolluted water or tolerable standard of water is maintained. How this is to be achieved is for the Government to decide. All that the Court is concerned with is to ensure and direct that the parameters laid down under statutory provisions with regard to the quality of the water are attained.

( 2 ) THE Delhi Administration shall file an affidavit giving the time schedule as to what it proposes to do and also indicate the phases in which the pollution level will come down in order to ensure that by March 2003 no untreated sewage enters River Yamuna. On the said affidavit being filed, appropriate orders will be passed. Affidavit be filed within two weeks.

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