News Item "hindustan Times" A. Q. F. M. Yamuna v. Central Pollution Control Board
2000-07-11
B.N.KIRPAL, R.P.SETHI
body2000
DigiLaw.ai
JUDGMENT B.N.KIRPAL, J. (1) BY order dated 13/9/1999, the States of Haryana and Uttar Pradesh were 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. In the latest report which has been filed by the Central Pollution Control Board, it is stated that the trends from Ghaziabad and Gautam Budh Nagar are not confirming to the parameters. The State of U.P. has not filed any affidavit and it is directed to do the same within four weeks from today indicating what effective steps it has taken or intends to undertake to ensure that the water quality of the drain ultimately reaching Yamuna is within paramaters. (2) IN the order dated 11/5/2000, it was observed that the report of the Central Pollution Control Board indicated that the quality of the water in the river Yamuna was worse than that of a drain. One of the parameters which was noted was that there was no dissolved oxygen in the river at the Okhla Barrage. Assurance was given that there would be improvement ih the water quality and the case was adjourned to today. In view of the fact that earlier orders had not been complied a lenient view was taken and nominal fine was imposed on the Delhi Administration while the realisation of the fine was suspended. (3) LATEST report of the Central Pollution Control Board does not indicate any substantial improvement in the water quality, the dissolved oxygen in the Yamuna river at Okhla after meeting the Shahdara drain continues to be nil with the total coliforms ranging between 11 lacs 70 thousand to 3 Crores 47 thousand, the normal being 5 thousand maximum. (4) AFFIDAVIT of the Chief Secretary has been filed and the Additional Solicitor General has been at pains to point out that the quality of the water has improved and action is being taken to close the industries which have not contributed towards the construction of the CETPs. The Snails speed with which the Delhi Administration is moving is not likely to result in any substantial improvement in the water quality in the near future.
The Snails speed with which the Delhi Administration is moving is not likely to result in any substantial improvement in the water quality in the near future. The Additional Solicitor General contended that there was an improvement in the water quality and he sought to draw out attention to the different parameters of the water recorded as on 1/6/2000. On a querry as to when the water quality would be brought within the permissible limits the Addl. Solicitor General was unable to give any specific date. He, however, submitted that some more time be given and the concentrated effort which is being made will bear fruit. Keeping this statement in mind we adjourn this matter to 10/10/2000 as requested by the Additional Solicitor general and put the administration to notice that if the water quality does not improve not only the earlier penalty which was of fine would be directed to be realised but further action in that regard may also be undertaken. The Central Pollution Control Board will file its report of monitoring on that date. (5) NOTICE in all other I.As, reply to be filed within the next date of hearing. I.A.No.6 (6) IF the fine of Rs. 25,000.00 is paid by the applicant within three weeks from today as has been directed by this Courts order dated 18/1/1996, the same shall be received and that is the end of the matter as the counsel for the applicant states that the applicant does not wish to commence this industry and will not start any other. But the applicant will not be entitled to do any business which results in any Pollution. I.A. is disposed of. Order accordingly.