2005 Supreme(SC) 1161
(2009) 17 Supreme Court Cases 716
Y.K. SABHARWAL AND R.N. AGRAWAL, JJ.
NEWS ITEM PUBLISHED IN HINDUSTAN TIMES TITLED "AND QUIET FLOWS THE MAILY YAMUNA", IN RE
Writ Petition (C) No. 725 of 1994
Decided on: September 7, 2005
Headnote:Constitution of India, Article 21 - Pollution - Pollution of River Yamuna - Case relating to complaint of Water Pollution in Yamuna river – Various projects started to check pollution and regarding remedial measures - There seems to be lack of proper monitoring and review of projects at various levels - Three monitoring Mechanisms suggested (for monthly, quarterly and half yearly review) – Ordered to be implemented - And after two weeks of quarterly review, a status report shall be filed in the Court.
ORDER
1. The order dated 12-4-2005 passed by this Court notes in substantial detail, the problem of polluted water in Delhi and one of the major reasons for pollution being a large quantity of untreated sewerage going to River Yamuna. The order also takes note of three-pronged strategy which had earlier been suggested by the Chief Secretary of Delhi for cleaning of water in River Yamuna as also other reasons, such as unauthorised construction and encroachment on the banks of River Yamuna. Pursuant to the said order Mr Anil Baijal, Secretary in the Ministry of Urban Development, Government of India has filed a detailed affidavit on 5-8-2005. We have perused that affidavit with the assistance of learned Amicus Curiae Mr Ranjit Kumar and Mr Goolam E. Vahanvati, learned Solicitor General. There is a candid admission in the affidavit that there is little improvement in the quality of water of River Yamuna. The affidavit sets out future plan of action, revised strategy and suggestions for periodical review and monitoring.
2. A two-pronged strategy has been suggested so as to achieve the target of improving the quality of water of Yamuna. One being the Delhi Jal Board continuing to complete the ongoing works as stated in the affidavit and the second, which is of considerable importance, is installation of sewerage treatment capacity at the mouth of major drains where they discharge water into the river. It has been suggested that the installation of sewerage treatment plant in the proximity of River Yamuna would be installed at the mouth of all the major drains so that the water can be treated before its discharge into River Yamuna. This has been one of the major reasons for water pollution. It has been noticed in the order dated 12-4-2005 and admitted in this affidavit that the main drains leading to River Yamuna continue to carry untreated sewerage water. The strategy of sewerage treatment at the mouth of the major drains, it has been explained, has been tried for cleaning of river water in London. The affidavit states that on either banks of River Thames drains have been constructed in which all the sewerage and treated/untreated water is taken to the sewerage treatment plant before being discharged into the river. This strategy has greatly improved the quality of water of River Thames. The advantage is that no water or very little water gets mixed with the treated sewerage treated/untreated water before it is discharged into the river. The affidavit further explains that at the instance of the deponent, a meeting of senior officials of the State Government and of the Delhi Jal Board was convened under the chairpersonship of the Chief Minister of Delhi to consider the suggestion of additional sewerage capacity at the mouth of River Yamuna so that sewerage water can be trapped and ejected before it is to be discharged into the river. Today, we are informed by the learned Solicitor General that the Delhi Government and the Delhi Jal Board are going ahead with the suggestions and in fact they have received the response from 14 consultancy services regarding the setting up of such additional sewerage treatment plant. Some of the parties, it is stated, are international consultants well known in the field. The affidavit states that this strategy could be implemented within a period of 4 years and with its implementation there should be perceptible improvement in the quality of water.
3. We hope and expect that the Delhi Jal Board and the Delhi Government would go ahead with the implementation of the suggestions and also examine the feasibility of earlier completion of the work of setting up of such sewerage treatment plant.
4. After noticing that one of the reasons for the works having not been completed as per schedule given to this Court is lack of proper monitoring and review of projects at various levels, it is suggested that effective monitoring would not only lead to better coordination in removal of bottlenecks in the implementatio