The main legal principle established in the judgment is the need to address environmental pollution and underground pollution caused by storm water drains carrying sewage, and the legal provisions under the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, and Water (Prevention and Control of Pollution) Cess Act, 1977, were applied to direct the concerned authorities to take necessary measures.

ORDER

1. The storm water drains namely Shahdara Link Drain and Ghazipur Drain (after merger of Drain No.1 and Drain No.2). at present are carrying sewage which is creating both environmental and underground pollution. The present writ petition has been filed by Sector 14 Residents Welfare Association and Others in which notice was issued. By order dated 6th January, 1998, this Court constituted a Committee of five persons headed by Shri P.K. Kaul, former Cabinet Secretary as its Chairman to examine all the issues in detail and to submit a report. The Committee submitted its interim report on 5th March, 1998 and final report in October, 1998 relating to status and options for upgradation of the sewerage management systems which have been accepted by this court on November 16, 1998 and directed the concerned authorities to implement the report.

2. There is a Yamuna Vihar STP which has the capacity to treat 90 MLD of sewerage untreated water. After treating the water at Yamuna Vihar STP, the same was released in Drain No.1 and carried to Ghazipur drain where drain No.2 also joins and from Ghazipur drain to Chilla regulator where there is a sewerage pumping system, pushing it to the Kondli STP for treatment and finally to river Yarnuna.

3. On the previous date of hearing, we had directed to the counsel for the parties to explore the possibility of carrying the treated water from Yamuna Vihar STP to the river Yamuna instead of putting it in drain No. I. We had also directed to explore the possibility of taking the water after treatment at Kondli STP to river Yamuna. The parties were also directed to ascertain as to what would be the flow of water available at Kalyan Puri excluded the treated water at Yamuna Vihar STP. In the drain from Kondli to Chilla regulator, unauthorised colonies have come up which are throwing the sewerage in the drain which ultimately was to reach the Chilla regulator.

4. Counsel for the parties after ascertaining the position state that the water treated at Yamuna Vihar STP can be thrown directly in the river Yamuna instead of putting the treated water in drain No.1 carrying sewerage untreated water. The water gathered in drain No.1 shall come into the Ghazipur drain and thereafter to Kalyanpuri and would be taken to Kondli where there is a STP having a capacity of 205 MLD. The sewerage water which will come to Kondli after stopping the in-flow from Uttar Pradesh at Ghazipur would be 144 MLD. There is enough capacity for treating the sewerage at Kondli STP.

5. In view of the position explained above, we pass the following directions:

1. Delhi Jai Board is directed to lift the treated water from Yamuna Vihar STP to the river Yamuna directly. Counsel appearing for Delhi Jai Board states that work has already been started and would be completed by 31.12.2007. We direct the Delhi Jai Board to complete the work by 31.12.2007 positively.

The treated water at Kondli STP should be carried directly to the river Yamuna by a covered drain without mixing the same with the untreated sewerage water. Counsel appearing for Delhi Jai Board states that 3.5 km. of area which falls within the territory of Delhi has already been covered and the remaining area is uncovered for the reasons that that area comes within the territory of U.P. We direct the officials of Delhi Jai Board and State of U.P. to carry out a joint inspection and explore the possibility of covering the uncovered area which will carry the treated water to the river Yamuna. Since, this project is being taken up by Delhi Jai Board, the cost of covering the remaining area is to be borne by the Delhi Jai Board.

From Kondli STP to Chilla regulator, the untreated in-flow of sewerage is 8.8 MLD. From Shahadra link drain, another 19.2 MLD untreated sewerage water will come to Chilla regulator. Presently, the Delhi Jai Board is proposing to construct a STP of 30 MLD at Chilla regulator. On a suggestion made by the Court, the Delhi Jai Board has agreed to increase the capacity