2005 Supreme(SC) 627
(2009) 17 Supreme Court Cases 708
Y.K. SABHARWAL AND TARUN CHATTERJEE, JJ.
NEWS ITEM PUBLISHED IN HINDUSTAN TIMES TITLED "AND QUIET FLOWS THE MAlLY YAMUNA", IN RE
Writ Petition (C) No. 725 of 1994 with IAs Nos. 20-21 and 1855-56 in WP (C) No. 4677 of 1985
Decided on: April 12, 2005
Headnote:Environment Protection - Water pollution - River pollution - Secretary of the Ministry of Urban Development directed to personally do the needful – Directed further to examine the matter and file his own affidavit treating the position as emergent – Affidavit so filed must giving reasons for non-compliance with the various orders and the promises and assurances given to the Court in the affidavits and setting out the minimum time to be taken to achieve what was directed in the order dated 9-5-2001 - Affidavit of Seceratary concerned shall be filed within four weeks - All concerned are directed to fully cooperate with the Ministry of Urban Development.
[Paras 13 to 17]
ORDER
1. This matter is pending in this Court for the last over ten years having been taken up on a news item appearing in one of the leading newspapers, titled "And Quiet Flows The Maily Yamuna", showing the polluted water in Delhi. Various orders have been passed with a view to solve the problem and to make the authorities concerned to implement the laws. Unfortunately, things have not improved; rather they have deteriorated. Very candidly, Mr B. Dutta, learned Additional Solicitor General, admits that the situation is quite emergent and alarming. It seems that despite filing affidavits and assuring this Court that appropriate steps will be taken, many of the steps have not been taken and to various queries, no answer, let alone satisfactory answer, is forthcoming. Mr Ranjit Kumar, learned Senior Counsel and Amicus Curiae, has taken us through some of the orders and the affidavits filed with a view to demonstrate as to what assurances have been given to this Court in the last about five years without implementation thereof. In order to issue further directions, it would be useful to briefly notice as to what has happened in the last about five years, leaving aside the orders passed between 1994 and 2000.
2. On 11-10-2000, considering the facts and figures contained in the affidavit of the Chief Secretary of Delhi and commenting that the figures contained therein are not correct, this Court directed the Ministry of Environment and Forests and Ministry of Urban Development, Government of India, to study the problem with regard to the treatment of sewage in Delhi and to file affidavit. It was specifically directed that the Government of India will give positive and concrete suggestions with regard to the implementation of the treatment capacity in such a way that with effect from March 2003, at the very earliest, no untreated sewage should go to River Yamuna.
3. Admittedly, a large quantity of untreated sewage goes to River Yamuna, which is one of the major reasons for the pollution of the water.
4. Pursuant to the aforesaid order, on 8-11-2000, an affidavit was filed by the Ministry of Urban Development and Poverty Alleviation, Union of India, which suggested three-pronged strategy for improving the quality of water. Some steps were to be completed by 2003 and others by March 2005. That affidavit admits that the problem of pollution in River Yamuna has become grave through the years due to various reasons, amongst them being location of unauthorised colonies, slum clusters and non-trapping of drains. It also states that on account of lack of proper effective action, the problem has accumulated. It was, therefore, suggested that a holistic and integrated approach to the problem needs to be adopted.
5. The three-pronged strategy suggested is construction of sewage treatment plants (STPs), rehabilitation and rejuvenation of trunk sewer lines and sewering of unauthorised regularised colonies. It is further stated that these three steps alone are not enough to clean River Yamuna as there are several other factors which are also responsible for its pollution. It was suggested that on behalf of the Ministry of Urban Development and the Ministry of Environment and Forests, integrated approach is needed for tackling all sources of pollution of River Yamuna in Delhi and for restoring water quality to the desired level, which means Class 'C' water quality which essentially stipulates BOD level of 3 mg/1 (maximum), a DO of 4 mg/1 (minimum) and faecal coliform level of 500 per 100 ml. Admittedly, this minimum quality has still not been achieved, despite that affidavit and despite nearly five years having elapsed.
6. The main reasons for continuing pollution of River Yamuna pointed out are (A) lack of dilution capacity; (B) siltation and collapse of sewerage system; and (C) gap in treatment capacity. In regard to (B), it has been pointed out that the system is silted to the extent of fifty to seventy per cent and has collapsed at a number of pla