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1999 DIGILAW 1070 (SC)

News Item "Hindustan Times" A. Q. F. M. Yamuna v. Central Pollution Control Board

1999-09-13

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

body1999
JUDGMENT : 1. Pursuant to the orders passed on the last date of hearing affidavit on behalf of the Central Pollution Control Board has been filed. It is stated therein that as directed the Board has set up monitoring stations and has commenced monitoring the quality of water. Along with this affidavit the Board has filed annexures indicating the quality of water of the drains joining the river Yamuna and also indicating the quality of the river water itself. A perusal of these reports indicates that the quality of the river water is deteriorating at an alarming rate and it is perhaps dangerous to drink the said water. The statistics filed also show that most of the pollution of the river takes place during its passage through Delhi. 2. On behalf of the National Capital Territory of Delhi affidavit of Smt. Suman Swarup, Principal Secretary, (Urban Development), has been filed. The said affidavit refers to efforts being made in the construction of 15 CEPTs in 8 approved industrial areas. This Court, as per this affidavit, had passed an order for construction of these CEPTs on 14th February, 1996. Three and a half years have elapsed but till today no construction with regard to any CEPT has commenced. Naturally with the passage of time there has also been escalation of costs The proposal with regard to the setting up of CEPTs envisaged major sourcing of the funds by the Government. The grievance of the Government is that the industry has not contributed in the manner and to the extent they were required to do so. One can speculate Order dated September 13, 1999 in I.A. No. 7 in that the industry has not chosen to contribute because non construction of the CEPT has not resulted in any adverse action being taken against them. Perhaps the feeling may be that this state of affairs will be allowed to be continued, so why pay. 3. That the pollution of the river Yamuna does not only affect the citizens of the Delhi but the river downstream, after it joins the Agra Canal, also get polluted and hundreds of thousands of people who are dependant upon this river are pre-judicially affected. 4. The affidavit of Smt. Suman Swarup does not really provide any solution to the problem at hand. 4. The affidavit of Smt. Suman Swarup does not really provide any solution to the problem at hand. Even if the construction of the CEPTs was to commence we are informed that it will take minimum of two years before the CEPTs can be completed. There is no indication on the record of this case as to how many of these industries which are polluting do not have even the primary treatment plants. This being the state of affairs and that there being no positive response with regard to the establishment of the treatment plants there is...... option left but to take appropriate steps in accordance with law. 5. As observed in our order dated 27th August, 1999 there are enough laws at the command of the State to enable it to take appropriate action against the pollutors in order to see that the river is not polluted. No effective action has been taken so far. It is for this reason that we are constrained to hereby direct the National Capital Territory of Delhi through the Chief Secretary to take such measures as it may deem proper, if necessary, by passing appropriate orders under Section 5 of the Environment (Protection) Act, 1986 and also Water (Pollution and Control) Act, 1974 to ensure that no industrial effluent is allowed to be discharged directly or indirectly into the river Yamuna w.e.f. 1st of November, 1999. If any industry is permitted to effect such a discharge the Court will be constrained to take appropriate action as may be necessary in order to ensure that this direction is complied with. The effect of this order is that w.e.f. 1st of November, 1999 no industry will be permitted to discharge any industrial effluent which do not conform to the parameters prescribed by the CPCB into the river Yamuna directly or indirectly. The National Capital Territory of Delhi may approach this Court for appropriate orders in this regard, if necessary. The National Capital Territory of Delhi will also submit a report within eight weeks from today by way of an affidavit which should also contain proposals in order to minimise or reduce the pollution emanating from the unauthorised colonies and slum clusters. 6. The National Capital Territory of Delhi will also submit a report within eight weeks from today by way of an affidavit which should also contain proposals in order to minimise or reduce the pollution emanating from the unauthorised colonies and slum clusters. 6. The States of Haryana and Uttar Pradesh are likewise directed to take appropriate action in order to ensure that the river Yamuna is not polluted by any industrial unit and all the effluents are discharged according to the prescribed parameters especially with regard to BOD and total coliforms. 7. List this matter on 15-11-99 at 2.00.