Research › Browse › Judgment

Supreme Court of India · body

2007 DIGILAW 181 (SC)

Sector 14 Residents Welfare Association v. State of Delhi

2007-02-07

ASHOK BHAN, DALVEER BHANDARI

body2007
ORDER 1. The storm water drains namely Shahdara Link Drain and Ghazipur Drain (after merger of Drain No.1 and Drain No.2). at present are carrying sewage which is creating both environmental and underground pollution. The present writ petition has been filed by Sector 14 Residents Welfare Association and Others in which notice was issued. By order dated 6th 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. The Committee submitted its interim report on 5th March, 1998 and final report in October, 1998 relating to status and options for upgradation of the sewerage management systems which have been accepted by this court on November 16, 1998 and directed the concerned authorities to implement the report. 2. There is a Yamuna Vihar STP which has the capacity to treat 90 MLD of sewerage untreated water. After treating the water at Yamuna Vihar STP, the same was released in Drain No.1 and carried to Ghazipur drain where drain No.2 also joins and from Ghazipur drain to Chilla regulator where there is a sewerage pumping system, pushing it to the Kondli STP for treatment and finally to river Yarnuna. 3. On the previous date of hearing, we had directed to the counsel for the parties to explore the possibility of carrying the treated water from Yamuna Vihar STP to the river Yamuna instead of putting it in drain No. I. We had also directed to explore the possibility of taking the water after treatment at Kondli STP to river Yamuna. The parties were also directed to ascertain as to what would be the flow of water available at Kalyan Puri excluded the treated water at Yamuna Vihar STP. In the drain from Kondli to Chilla regulator, unauthorised colonies have come up which are throwing the sewerage in the drain which ultimately was to reach the Chilla regulator. 4. Counsel for the parties after ascertaining the position state that the water treated at Yamuna Vihar STP can be thrown directly in the river Yamuna instead of putting the treated water in drain No.1 carrying sewerage untreated water. The water gathered in drain No.1 shall come into the Ghazipur drain and thereafter to Kalyanpuri and would be taken to Kondli where there is a STP having a capacity of 205 MLD. The water gathered in drain No.1 shall come into the Ghazipur drain and thereafter to Kalyanpuri and would be taken to Kondli where there is a STP having a capacity of 205 MLD. The sewerage water which will come to Kondli after stopping the in-flow from Uttar Pradesh at Ghazipur would be 144 MLD. There is enough capacity for treating the sewerage at Kondli STP. 5. In view of the position explained above, we pass the following directions: 1. Delhi Jai Board is directed to lift the treated water from Yamuna Vihar STP to the river Yamuna directly. Counsel appearing for Delhi Jai Board states that work has already been started and would be completed by 31.12.2007. We direct the Delhi Jai Board to complete the work by 31.12.2007 positively. The treated water at Kondli STP should be carried directly to the river Yamuna by a covered drain without mixing the same with the untreated sewerage water. Counsel appearing for Delhi Jai Board states that 3.5 km. of area which falls within the territory of Delhi has already been covered and the remaining area is uncovered for the reasons that that area comes within the territory of U.P. We direct the officials of Delhi Jai Board and State of U.P. to carry out a joint inspection and explore the possibility of covering the uncovered area which will carry the treated water to the river Yamuna. Since, this project is being taken up by Delhi Jai Board, the cost of covering the remaining area is to be borne by the Delhi Jai Board. From Kondli STP to Chilla regulator, the untreated in-flow of sewerage is 8.8 MLD. From Shahadra link drain, another 19.2 MLD untreated sewerage water will come to Chilla regulator. Presently, the Delhi Jai Board is proposing to construct a STP of 30 MLD at Chilla regulator. On a suggestion made by the Court, the Delhi Jai Board has agreed to increase the capacity to 40 MLD. Counsel appearing for Delhi Jai Board states that for increasing the capacity to 40 MLD, Delhi Jai Board would require additional 1.5 acres of land apart from 2.5 acres of land available with Delhi Jai Board. Counsel also states that for having a sewerage pumping station at Kalyanpuri Bridge, Delhi Jai Board would need 2.5 acres of land and the land belonging to the State of U.P. is available at both places. Counsel also states that for having a sewerage pumping station at Kalyanpuri Bridge, Delhi Jai Board would need 2.5 acres of land and the land belonging to the State of U.P. is available at both places. 2. State of U.P. through its Chief Secretary is directed to make available to Delhi Jai Board an area of 2.5 acres of land near Kalyanpuri Bridge between Hindon Cut Canal and Ghazipur Drain. The officials of DJB and the State of U.P. would make the joint survey to identify the land which shall be transferred to Delhi Jai Board by State of U.P. within two months against payment. Delhi Jai Board would construct the pumping station of 318 MLD (70MGD) peak flow (average flow of 158 MLD) capacity on this land along with rising main up to Kondli STP within a period of 2-½ years from the date of the possession of the land. 3. We also direct the State of U.P. through its Chief Secretary to make available to Delhi Jai Board an area of 1.5 acres of land at Chilla regulator adjacent to 2.5 acres of land, already available with Delhi Jai Board. The officials of Delhi Jai Board and the State of U.P. would make a joint survey to identify the land and State of U.P. shall transfer the same to Delhi Jai Board within two months against payment. The Delhi Jai Board is directed to construct the compact sewage treatment plant (STP) of 40 MLD (9MGD) capacity on this land within a period of 2-½ years from the date of taking possession of the land. Till the construction of STP at Chilla regular, the On-Line treatment would continue, as recommended by the Environment Pollution (Prevention and Control) Authority (EPCA) headed by Shri Bhure Lai. 4. P.K. Kaul Committee had recommended in its report that State of U.P. should not throw 127 MLD of sewerage from Sahibabad and Loni catchment area into Delhi territory through drain Nos. I & 2 at Ghazipur drain and that the State of U.P. Should treat 127 MLD of sewerage by constructing appropriate treatment plant/plants of suitable capacity within its territory in terms of acceptance of that report by this Court by its order dated 16.11. 1998. I & 2 at Ghazipur drain and that the State of U.P. Should treat 127 MLD of sewerage by constructing appropriate treatment plant/plants of suitable capacity within its territory in terms of acceptance of that report by this Court by its order dated 16.11. 1998. Counsel for the petitioners and the amicus have brought to our notice that State of U.P. has neither stopped the flow of 127 MLD of sewerage water nor has taken any steps to construct appropriate treatment plant/plants of suitable capacity. We, once again, direct the State of U.P. to ensure total stoppage of flow of 127 MLD of sewerage in drain Nos. I & 2 in the territory of Delhi at Ghazipur drain from Sahibabad and Loni catchment area. The State of U.P. is further directed to treat the sewerage water by constructing treatment plant/plants of suitable capacity within its own territory forthwith. 6. To come up for further directions on 08th May, 2007. In the meantime, the State of U.P. should make the land available, as directed in the aforesaid paragraphs and also to explore the possibility of covering the uncovered area at the cost of Delhi Jal Board.