2004 INSC 0805
In Re: News Item Published In Hindustan Times Titled "And Quiet Flows The
Mainly Yamuna"

v.

Y.K. SABHARWAL AND D.M. DHARMADHIKARI,JJ.,

(Supreme Court Of India)

Writ Petition No. 725 Of 1994 With Interlocutory Application No. 20,21 In
Writ Petition No. 4677 Of 1985 | 04-08-2004

1. This Court has been concerned with the quality of water and started
examining the issue about a decade back on attention of the Court being drawn
to a write up under the caption "And Quiet Flows The Maily Yamuna" written
by a journalist in one of the leading newspapers. Orders have been passed from
time to time so that the quality of water, particularly in the city of Delhi
improves. Our attention has been drawn to some of the orders, reports filed by
the Central Pollution Control Board, affidavits filed by various authorities and
the steps taken including the setting up of a number of sewerage treatment
plants.

2. It appears that there are two major pollutants: one is domestic waste and the
other industrial effluents. It further appears that there is rapid deterioration of
water quality from the point Yamuna river enters Delhi and by the time it exits.
Despite some efforts it is clear that there has been no improvement in water
quality in the last about 5 years. This becomes clear on examination of the
reports that were filed from time to time, particularly when the reports filed in
the year 2000 are compared to the one recently filed in May 2004. The latest
report shows that what to talk of improvement in the quality, there is in fact a
deterioration thereof.

3. Repeatedly, in various orders this Court has stressed upon the need and
expectations from the Government and all agencies to take all curative as well
as preventive measures. The measures which might have been taken were
obviously not enough and that is the reason of there being no signs of
improvement. One of the orders notices the integrated action plan prepared by
the Ministry of Urban Development which was accepted by the Delhi

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Government, but all that happened about 4 years ago. There is nothing authentic
on record as to what is the total generation of different kinds of pollutants,
though Mr Ranjit Kumar, learned Senior Counsel who is assisting this Court as
amicus curiae states that in one of the newspaper reports it was said to be 1800
million gallons per day. The capacity of the 15 sewerage treatment plants in
Delhi is also not known though it was stated in the affidavit dated 21-11-2001
of the Chief Secretary of Delhi that in November 2001 the capacity was 442.4
million gallons per day and it was to be increased by March 2005 to 737.4
MGD. The Chief Engineer, Delhi Jal Board, Mr Jain, present in Court states
that the total capacity as of now of the sewerage treatment plants (STPs) is
512.4 MGD. According to him the total generation is 652 MGD. We do not
know the correctness of these figures. Assuming the same to be correct, the
generation of waste is more than the total capacity of STPs. Despite these facts
and figures -- whether correct or not -- whether the STPsare working to full
capacity or not -- one thing that is clear is that the quality of the water in the last
about 5 years has not improved and to some extent deteriorated. It is also clear
that one of the major factors to be tackled is the pollutants in Delhi since these
figures show that the quality of the water is better before it enters Delhi.

4. Considering the gravity, we deem it expedient that all authorities must sit
together, apply their minds to various factors including the source of the
generation of waste and industrial effluents, and draw up a plan which may help
in achieving results at the ground level. It is necessary to undertake such an
exercise since monitoring in the last more than 4 years has not resulted in
improving the quality of water. Thus, we direct that a meeting from the officers
of the following Departments shall take place:

1. Ministry of Urban Development, Government of India

2. Ministry of Environment and Forests, Government of India

3. National Capital Territory, Delhi

4. Delhi Jal Board

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5. Delhi Development Authority

6. Municipal Corporation of Delhi

7. New Delhi Municipal Council

8. Delhi Cantonment Board

9. Delhi State Industrial Development Corporation

10. State of Uttar Pradesh

5. The Secretary, Ministry of Urban Development would act as a Chairperson
and convener of the aforesaid High Powered Committee. The other
Governments/Departments should be represented by officers not below the rank
of Joint Secretaries. It would be open to the Chairperson/convener to appoint a
Member Secretary of this Committee. The Committee would also be assisted by
Mr Ranjit Kumar, Amicus Curiae, who will be given due notice of the date and
time of the meeting by the Member Secretary. An action plan shall be prepared
by the Committee and submitted to this Court within a period of six weeks
suggesting the mode and manner in which the quality of the water can be
improved and the steps and measures required to be taken by various
authorities. This order should not be understood to mean that there should be
any laxity in the steps already being taken as a result of orders earlier passed or
otherwise. All concerned are directed to render full cooperation to the aforesaid
High Level Committee also bearing in mind that the problem being examined is
the one which concerns all and sundry.

6. The Government of Uttar Pradesh is directed to file within four weeks an
affidavit stating what steps have been taken by it under the Yamuna Action
Plan.

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7. In respect of Haryana Distillery, we direct that the Central Government
Committee shall examine the report prepared by the Haryana Pollution Control
Board, Central Pollution Control Board as also the stand of Haryana Distillery
and, if necessary, it shall also conduct a joint inspection in the presence of all
parties concerned and submit a report within four weeks.

8. List the matters on 29-9-2004.

I. As No. 1855-56

9. Taken on board.

10. None is present for the applicant. List the IAs on 29-9-2004. In the
meanwhile, counsel for the Delhi Development Authority and Municipal
Corporation of Delhi shall take instructions on the aspect of the abuse/misuse of
parks as alleged in the applications.

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