T.S. Thakur, J

More than 15 years have rolled by since the Supreme Court first expressed its serious concern about the quality of environment in the National Capital Region of Delhi. Such was the failure on the part of the Delhi Development Authority, the MCD, the Central Pollution Control Board as also the Delhi Pollution Control Committee in the discharge of their duties that the court castigated them for their inaction in the matter in M.C. Mehta Versus Union of India, 1992 (3) SCC 256. Referring to a World Health Organization study, the court observed that utter disregard to environment has placed Delhi in an unenviable position of being the world’s third grubbiest and most polluted and unhealthy city. The court observed :

“We are conscious that environmental changes are the inevitable consequence of industrial development in our country, but at the same time the quality of environment cannot be permitted to be damaged by polluting the Air, Water and Land to such an extent that it becomes a health-hazard for the residents of the area. We are constrained to record that Delhi Development Authority, Municipal Corporation of Delhi, Central Pollution Control Board and Delhi Pollution Control Committee have been wholly re-miss in the performance of their statutory duties and have failed to protect the environments and control air- pollution in the Union territory of Delhi. Utter disregard to environment has placed Delhi in an unenviable position of being the worlds third grubbiest, most polluted and unhealthy city as per a study conducted by the World Health Organisation. Needless to say that every citizen has a right to fresh air and to live in pollution-free environments.”

2. By an order passed in the very same petition on 22nd April, 1994, the Court emphasized the urgent need to set up sewage treatment plants for the ever increasing population of Delhi within a time bound schedule and started monitoring the setting up of such plants. The court observed :

“The Delhi Development Authority has filed an affidavit through its Secretary Mr. V.N. Bansal. It is stated that the Authority is ready and willing to provide land to the M.C.D. for setting up of the Sewage Treatment tanks. Keeping in view the urgency of the matter, we request Mr. Subhash Sharma, Commissioner, M.C.D., Mr. S.P. Jkhanwal, Vice Chairman, D.D.A., Mr. Ashok Kumar, Additional Commissioner, Water and Mr. J.K. Mathur, Chief Engineer of the Delhi Water Supply and Sewage Disposal Undertaking to be present in Court on May 6, 1994. We are requesting the officers to be present in Court so that we can have their view points for taking appropriate decisions on the spot. Needless to say that with the increase of population in Delhi, it is of utmost urgency to set up the Sewage Treatment Plants within the time-bound Schedule.”

3. Subsequent orders passed by their lordships in the said proceedings maintained a continuous pressure on the authorities to ensure that sewage treatment plants are set up on a war footing. By order dated 21st April, 1995, the court once again described the treatment of sewage as of utmost importance for health and supply of pure water to citizens of Delhi. “Any delay in this respect is a health hazard and cannot be tolerated”, observed the Court.

.4. In Jai Narain and Others Versus Union of India and Others, 1996 (1) SCC 9, the Supreme Court transferred the petitions filed in this court to itself for disposal. These petitions challenged the acquisition proceedings in respect of revenue estate of village Nilothi in the National Capital Territory of Delhi. One of the issues that arose for consideration was whether the authorities were justified in invoking the provisions of Section 17 of the Land Acquisition Act as according to the petitioner land owners, there was no urgency to justify the invocation of the said provision. While dismissing the said petitions with costs quantified at Rs.10000/-in each petition, their lordships observed : “This Co