NEWS ITEM PUBLISHED IN HINDUSTAN TIMES TITLED AND QUIET FLOWS THE MAILY YAMUNA, IN RE v. .
2005-12-12
C.K.THAKKER, Y.K.SABHARWAL
body2005
DigiLaw.ai
ORDER 1. A letter dated 26-10-2005 has been filed pursuant to the directions of this Court dated 7-9-20051. It seems clear not only from the affidavit filed earlier by Mr Anil Baijal and noticed in the order dated 7-9-2005 but even otherwise that he is taking keen interest in the matter of cleansing of water of Yamuna River and has made useful suggestions. The letter shows that the learned Solicitor General has discussed the matter with Mr Anil Baijal, Secretary, Ministry of Urban Development as also with Mr Ranjit Kumar, learned Senior Advocate, who is assisting this Court as Amicus Curiae. As per this letter, Mr Ani! Baijal has agreed to chair the Apex Committee referred to in the last order of 7-9-20051. The other name suggested is of social activist Ms Sunita Narain, for being nominated as a member of the Committee. We feel that, besides Mr Anil Baijal and Ms Sunita Narain, the nomination of Mr Ranjit Kumar, learned amicus curiae would help the cause. We have requested the learned counsel who has agreed to the suggestion and for devoting time for the purpose. We are of the further view that the status of Mr Anil Baijal, Ms Sunita Narain and Mr Ranjit Kumar in the Committee would be of the officers of the court. 2. Having noted the concern of a senior bureaucrat, like Mr Anil Baijal, learned Solicitor GeneraL Mr Goolam E. Vahanvati, as also of Mr Ranjit Kumar, we feel that repeated orders passed by this Court, including the last order dated 7-9-2005 has had no effect on the Municipal Corporation of Delhi as also on the Delhi Jal Board. The said order made positive directions for filing detailed affidavits by the authorities within four weeks. The order also notices the technical monitoring mechanism, namely, monthly, quarterly and six-monthly review. It is a matter of anguish that despite lapse of more than three months, no affidavit has been fikd either by the Municipal Corporation of Delhi or by the Delhi Jal Board. The order also directed filing of status report after two weeks of the quarterly review. What to talk of quarterly review, there is not even a monthly review and obviously, therefore, status report has not been filed.
The order also directed filing of status report after two weeks of the quarterly review. What to talk of quarterly review, there is not even a monthly review and obviously, therefore, status report has not been filed. In the absence of the affidavits or the reports or any measures taken by these authorities, we, as of today, are handicapped in the matter of the constitution of the Apex Committee despite the aforesaid letter having been filed and despite our view as to Mr Anil Baijal, Ms Sun ita Narain and Mr Ranjit Kumar being nominated on the Committee. Under these circumstances, we direct the Commissioner, Municipal Corporation of Delhi, and the CEO, Delhi Jal Board, to remain present in the Court on the next date of hearing, which would be in the second week of January, 2006, on a non-miscellaneous day. The affidavits by these authorities shall be fil,ed within ten days with advance copies to the learned Solicitor General, learned amicus curiae and to other learned counsel appearing in the matter. Court Masters