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2001 Supreme(SC) 1873
SUPREME COURT OF INDIA
B.N. KIRPAL, RUMA PAL, BRIJESH KUMAR, JJ.
Comdr. Sureshwar D. Sinha & ors. - Petitioners
Versus
U.O.I. & ors. - Respondents
I.A. Nos. 17, 18, 19 & 20 in W.P. (C) No. 537 of 1992 with W.P. (C) No. 725 of 1994 (News Item "Hindustan Times" A.Q.F.M. Yamuna vs Central Pollution Control Board & Anr.) with I.A. Nos. 20 & 21 in WP(C) No. 4677 of 1985 (M.C. Mehta vs Union of India) with I.A. No. 1207, 1183, 1216. 1251.
Decided on : 09-05-2001
Government authorities are required to take action and provide regular reports on addressing illegal encroachments and unauthorized constructions, especially in relation to environmental impact.
Headnote:
Illegal Encroachments - Government Action - The court issues notice to government authorities to report on the implementation of measures to address illegal encroachments and unauthorized constructions in Delhi, highlighting the impact on pollution of the river Yamuna.
Fact of the Case:
The Solicitor General presented a letter from the Ministry of Urban Development addressing illegal encroachments and unauthorized constructions in Delhi, indicating government action to tackle the issue.
Finding of the Court:
The court issued notice to government authorities to provide information on the actions taken to implement the measures outlined in the letter, emphasizing the lack of regular reports on the matter.
Issues: Government inaction on illegal encroachments and unauthorized constructions, impact on pollution of the river Yamuna.
Ratio Decidendi: The court emphasized the need for government authorities to take action and provide regular reports on addressing illegal encroachments and unauthorized constructions, especially in relation to the pollution of the river Yamuna.
Final Decision: The notice to government authorities is made returnable after eight weeks, indicating the court's expectation for a report on the actions taken to address the issue.
JUDGMENT :
IAs in WP(C) No. 537/1992
1. Adjourned till after the Summer Vacations.
2. Interim orders to continue.
WP(C) No. 725/1994 and IAs in WP(C) No. 4677/1985
3. The Solicitor General has placed on a record a letter dated 28th August, 2000 written by Joint Secretary to the Govt. of India, Ministry of Urban Development to the Chief Secretary, Govt. of NCT, Vice-Chairman, DDA, Commissioner, MCD, Chairperson, NDMC and the Development Commissioner, Govt. of NCT, with regard to the unauthorised encroachment and illegal constructions in Delhi. The Solicitor General states that this letter has been written after approval had been accorded by the Union Cabinet who took a decision that the measures spelt out in the said letter should be undertaken in an effort to come down on the menace of illegal encroachments/unauthorised constructions in Delhi. The Solicitor General states that the illegal encroachments and unauthorised constructions also to a large extent contribute to polluting the river Yamuna because without sewer connections the effluent/ discharge is dumped into the drains which meet the river Yamuna.
4. We issue notice to the Chief Secretary, Govt. of NCT, Vice-Chairman, DDA, Commissioner, MCD, Chairperson, NDMC and the Development Commissioner, Govt. of NCT, to inform the Court on the next date of hearing as to what action had been taken by Ahem in implementing the measures set out in the aforesaid letter dated 28th August, 2001. If no action had been taken, the reason in respect thereof should be indicated. It is stated by the Solicitor General that the Government of India is willing to take upon itself the task of monitoring the removal of illegal encroachments and unauthorised constructions. It is because of this that in paragraph 2 of the said letter, the said authorities were requested to submit a monthly report, but no such report has so far been sent regularly. Notice is made returnable after eight weeks.
