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1998 DIGILAW 1318 (SC)

Sector 14 Residents Welfare Association v. State Of Delhi

1998-11-16

B.N.KIRPAL, S.P.KURDUKAR, V.N.KHARE

body1998
Order In respect of the upgradation of sewerage management systems in the ­trans-Yamuna area of Delhi and Sectors 14, 14-A, 15, 15-A, 16, 16-A and 17 of NOIDA this writ petition was filed in this Court. By Order dated 6 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. 2. The Committee submitted its interim report on 5th March, 1998. In October 1998 the said Committee has submitted its final report relat­ing to status and options for upgradation of the sewerage management systems in the aforesaid area. 3. Copies of the said report were given to the learned counsel for the parties and no objection to the same has been received. 4. We have gone through the report and, in our opinion, it merits acceptance. Apart from indicating the status of the system as of today, the said report at pages 40-44 gives the action plan for the works which are required to be undertaken and the organisations respon­sible for undertaking each work. At page 44 the Committee has drawn up a time frame with regard to the various activities mentioned in the action plan. 5. As per the action plan suggested by the Committee, the authorities who are responsible for the implementation thereof have been mentioned. The persons who can be held accountable in respect thereof are as under: Name of the Authority Person Accountable 1. Delhi Jal Board (i) Chairman; and (ii) Member Secretary 2. Delhi Flood Control Chief Secre­tary, & Irrigation Depart-Delhi ment 3. Municipal Corporation Chairman of Delhi 4. Delhi Development Vice-Chairman Authority 5. U.P. Pollution Control Chairman Board 6. G.D.A. Vice-Chairman 7. Delhi Pollution Control Chairman Board 8. NOIDA Administration Chairman 9. U.P. Jal Nigam Chairman 10.U.P. Industrial Chairman Development Corporation 11.Min. of Urban Chief Secretary, Development Delhi Government of NCT of Delhi 6. As already noticed, the time frame which has been suggested men­tions that activities at Sr. Nos. 1-9 of the action plan should be completed before 31st December, 1998, the activities at Sr. No. 10-22 are to be completed before 31st March, 1999, the activities at Sr. Nos. 23 and 24 are to be completed before 30th September, 1999 and activities at Sr. Nos. 25 to 34 are to be completed before 31st March, 2000. 7. Nos. 1-9 of the action plan should be completed before 31st December, 1998, the activities at Sr. No. 10-22 are to be completed before 31st March, 1999, the activities at Sr. Nos. 23 and 24 are to be completed before 30th September, 1999 and activities at Sr. Nos. 25 to 34 are to be completed before 31st March, 2000. 7. We see no reason to change the time frame except that as far as activities Nos. 1 to 9 are concerned, we extend the time for complet­ing the same by 31st January, 1999. 8. The Central Government had under Section 3 of the Environment Protection Act constituted an Environment Pollution (Pre­vention and Control) Authority under the Chairmanship of Shri Bhure Lal. It will be appropriate that the monitoring of the implementation of P.K. Kaul Committee’s report in the manner indicated in the action plan of the said report is undertaken by the said Bhure Lal Committee which is a statutory committee having powers to issue directions. We, therefore, direct that copies of this Order as well as of the interim and final report of the P.K. Kaul Committee be forwarded within a week to Shri Bhure Lal with a direction that the said Committee will ensure that various works mentioned in the action plan are undertaken as per schedule. The Committee will have full authority to issue appropriate directions to the various organisations who have been mentioned as being responsible for implementing different items of works as per the action plan. The Bhure Lal Committee will also examine the recommenda­tions contained in paragraphs 5.1, 8.6 and 8.7 and other relevant paragraphs of the said report and issue such orders or directions as it may deem fit and proper. 9. It is made clear that if any organisation fails in carrying out the directions so issued the persons mentioned as being accountable will have to satisfy this Court as to why appropriate action should not be taken for non-implementation of the directions issued. If for any reason any of these authorities are not in a position to implement or carry out any of the directions so issued, liberty is granted to approach this Court in this behalf. Subject to any orders which may be passed by this Court the directions given by Bhure Lal Committee shall be final and binding on all. If for any reason any of these authorities are not in a position to implement or carry out any of the directions so issued, liberty is granted to approach this Court in this behalf. Subject to any orders which may be passed by this Court the directions given by Bhure Lal Committee shall be final and binding on all. Copies of the reports and this order be also sent to the aforesaid organisations. 10. To come up for further directions in February, 1999. Spare copies of the report of the P.K. Kaul Committee shall be filed in the Regis­try by the Delhi Administration within one week and the Registry shall forward the copies of the report of P.K. Kaul committee and this order to the respective organisations within one week thereafter. (C.R.) *********** Parallel Citations of other Journals : Sector 14 Residents Welfare Association v. State of Delhi, 1998(8) Supreme 477 00041