News Item "hindustan Times" A. Q. F. M. Yamuna v. Central Pollution Control Board
2000-04-28
B.N.KIRPAL, S.S.M.QUADRI
body2000
DigiLaw.ai
(1) BY orders dated 27-8-1999 and 13-9-1999 this Court in no uncertain terms directed the National Capital Territory of Delhi through the Chief Secretary to take appropriate measures to improve the quality of the water in River Yamuna so as to bring it within the prescribed parameters. (2) THE latest report which has been filed by the Central Pollution Control Board shows the situation as being still very glim. While the counsel for the National Capital Territory submits there has been an improvement in the quality of water, the same however, does not seem to be evident and even if there is an improvement the quality of water at the point of exit from Delhi is still way beyond the permissible limits. In the affidavit on behalf of the Central Pollution Control Board it has been stated that this River Yamuna has been classified as Class C. Keeping in view the water quality, Mr Vijay Panjwani fairly concedes that this river cannot be classified as Class C, possibly not even classified as Class E which is the least grade. (3) THERE are two main reasons for the steep and rapid deterioration of the water quality from the point the river enters Delhi and by the time when it exits. One is the domestic waste and the other is the industrial effluent. Realising that effort has to be made in a different manner with regard to this, this Court on an earlier occasion, nearly five years ago had directed that in order to treat the domestic waste, sewage treatment plants should be established. In the year 1995, it was contemplated that 14 sewage treatment plants would be set up and they were expected to be operational by the year 1997. (4) WE are informed that in the year 1998 two more sewage treatment plants were contemplated with the result that as of today there should have been 16 sewage treatment plants in operation. As is normally the case, the performance is lagging far behind. The construction of only 8 sewage treatment plants has been undertaken out of which only 4 are functional today, 4 others are stated to have been completed but are at the trial stage.
As is normally the case, the performance is lagging far behind. The construction of only 8 sewage treatment plants has been undertaken out of which only 4 are functional today, 4 others are stated to have been completed but are at the trial stage. The total domestic sewage which is generated in Delhi is of the magnitude of over 600 million gallons per day and what is today being treated in the operational sewage treatment plants is 202 million gallons per day as per Bhurelal Committee Report as of March 2000. The commitment of the Government not only to comply with the orders of this Court but, what is more important, in discharging their duties for welfare of the public is clearly lacking. There is no good reason as to why the stipulated sewage treatment plants have not been established and made operational. (5) AS regards the industrial effluent which is discharged, the situation is no better. The COD and BOD levels at different points are way above the stipulated parameters. In other words, neither the order passed by this Court in 1995 nor the orders passed on 27-8-1999 and 13-9-1999 have been complied with. The affidavit filed by the Central Pollution Control Board shows continuous discharge of polluting effluents/sewage into River Yamuna. As of 13-3-2000, 3-4-2000 and 15-4-2000 the water quality of Yamuna River at Okhla after meeting the Shahdara drain indicates that the dissolved oxygen in the water is nil. This is when the dissolved oxygen, when River Yamuna entered Delhi at Palla on 3-4-2000, Was 8.36 mga, (6) IT had been clearly indicated in this Courts order that the Government has sufficient powers under the law to ensure that the river is not polluted beyond tolerance limit. The Government is expected to take curative as well as preventive measures. If any such measures have been taken then they clearly are not enough to ensure water of quality which would justify this river being classified as Class C which means whose water is fit for drinking with conventional treatment followed by disinfection. (7) EFFORT which is being put in does not seem to be enough to revive the dead/dying river. Notice is hereby given to the National Capital Territory of Delhi through the Chief Secretary, to show cause as to why appropriate fine should not he levied for non-compliance with this Courts order.
(7) EFFORT which is being put in does not seem to be enough to revive the dead/dying river. Notice is hereby given to the National Capital Territory of Delhi through the Chief Secretary, to show cause as to why appropriate fine should not he levied for non-compliance with this Courts order. If it is shown to the Court that in the interregnum there is a significant improvement in the quality of water perhaps a lenient view may be taken. Notice is returnable on 11-5-2000. The Central Pollution Control Board will file on that day a report with regard to the quality of water.