ORDER : 1. Pursuant to our order dated 31.05.2017, Mr. Ankit Gupta, Special Correspondent with the ABP News Network, appointed as local commissioner, is present in the Court. He has handed over footage of CDs and a certification dated 01.06.2017 of a programme ‘Ghanti Bajao’ which was screened on 01.06.2017 which contains a record of visit of different teams of the ABP New Network in Delhi to ascertain the details of garbage and sanitation problems in Delhi. Additionally, a certificate dated 01.06.2017 certifying the footage of the video telecast on the ABP relating to the programme ‘Ghanti Bajao’ on 30.05.2017 in compliance of Section 65B(2)(a) to 65B (2) (d) of Evidence Act, 1872 has been handed over. 2. All counsels appearing in the Court today have scrutinized the said certification and are satisfied that the same meets the requirements of Section 65B(2)(a) to 65B (2) (d) of Evidence Act, 1872. Accordingly, the said certificates and the CDs are taken on record. 3. On our directions, the footage of the programme which contains the local inspection of different areas in Delhi has been screened and viewed in the Court. 4. The footage unequivocally establishes the fact that other than the Central District areas, no effort at all is made towards garbage collection and disposal by the authorities. 5. In the present case, our consideration commenced upon concerns regarding the cases of dengue and chikenguniya surfacing in Delhi in April, 2017, even though there had been no advent of monsoon. In one of the responses filed by the Union of India, the expert had opined that failure to address solid waste disposal issues was a prime reason leading to mosquito breeding causing the disease in the city. 6. The respondents who are concerned with development, maintenance and regulation of civic amenities in the National Capital Territory of Delhi would be predicating their facilities and function on certain statistics and presumptions. Urban planning has to be premised on basic information which would include the quantum of sewerage and garbage which is expected to be generated. It would include information on the requirements of water and electricity. Urban planning necessarily provides for solid waste disposal plants as well as sewage treatment plants. Their capacity itself would rest on estimation of the garbage and sewerage generated. 7. Based on these estimations, the authorities would have laid the sewerage systems and pipes of particular capacities. It would include information on the requirements of water and electricity. Urban planning necessarily provides for solid waste disposal plants as well as sewage treatment plants. Their capacity itself would rest on estimation of the garbage and sewerage generated. 7. Based on these estimations, the authorities would have laid the sewerage systems and pipes of particular capacities. Again premised on certain basic data and presumptions, water storage tanks and water pipes are provided. To enable the citizens of Delhi basic lung spaces parks and open spaces are provided again depending on projections of the population in the area. To meet other essential needs, the urban planner provides for market areas, places dedicated for medical facilities to the residents, adequate parking space and most important, circulation areas, i.e., roads width and capacities resting on population projects. 8. It needs no elaboration, in fact, common sense illustrates, that certainly a colony laid and planned for say a hundred residents, cannot to cater for a thousand or ten thousand persons or a lakh. 9. The above films which have been shown manifest hopeless overcrowding the colonies, without increasing the capacity of sewage collection systems or any mechanism for garbage collection or disposal. As a result, beautiful residential colonies like Nirman Vihar of single or double units have been commented into multiple unit structures. The existing dhalaos do not have the capacity to hold the generated garbage which has been left to collect on roads. Instead of providing the essential, circulation of the roads all over Delhi are over flowing with the collected garbage. 10. The issues which have been raised in these CDs highlight not only the garbage collection and disposal, but the critical aspect of the concerns which are resulting on account of inability of the authorities to cope with such basic demands made upon them. The result is that the causes which lead to mosquito breeding have never been addressed. 11. We are constrained to note the observations of the Supreme Court of India in so far as the essential right of a citizen to a clean environment. In Subhash Kumar v. State of Bihar (1991) 1 SCC 598 , the Supreme Court had observed that: “7.......Right to live is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution-free water and air for full enjoyment of live. In Subhash Kumar v. State of Bihar (1991) 1 SCC 598 , the Supreme Court had observed that: “7.......Right to live is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution-free water and air for full enjoyment of live. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life......” (Emphasis Supplied) In the present case, this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India is thus amply empowered to deal with the issues which have been raised. As back as in the year 1992 in the judgment reported at (1992) 3 SCC 256 M.C. Mehta v. Union of India concerned with the detrimental impact of mining at Delhi borders causing air pollution, the Supreme Court had expressed extreme anguish and observed thus: “2. We are conscious that environmental changes are the inevitable consequence of industrial development in our country, but at the same time the quality of environment cannot be permitted to be damaged by polluting the air, water and land such as extent that it becomes a health hazard for the residents of the area. We are constrained to record that Delhi Development Authority, Municipal Corporation of Delhi, Central Pollution Control Board and Delhi Pollution Control Committee have been wholly remiss in the performance of their statutory duties and have failed to protect the environments and control air pollution in the Union territory of Delhi. Utter disregard to environment has placed Delhi in an unenviable position of being the world’s third grubbiest, most polluted and unhealthy city as per a study conducted b the World Health Organisation. Needless to say that every citizen has a right to fresh air and to live in pollution-free environment. “ (Emphasis Supplied) 12. It seems that these adverse comments regarding MCD and others fell on deaf ears. On the same aspect in yet another judgment reported at (2004) 12 SCC 118 M.C. Mehta v. Union of India, , the Supreme Court observed as follows: “10. The natural sources of air, water and soil cannot be utilised if the utilisation results in irreversible damage to environment. On the same aspect in yet another judgment reported at (2004) 12 SCC 118 M.C. Mehta v. Union of India, , the Supreme Court observed as follows: “10. The natural sources of air, water and soil cannot be utilised if the utilisation results in irreversible damage to environment. There has been accelerated degradation of environment primarily on account of lack of effective enforcement of environmental laws and non-compliance of the statutory norms. This Court has repeatedly said that the right to live is a fundamental right under Article 21 of the Constitution and it includes the right to enjoyment of pollution-free water and air for full enjoyment of life.” (Emphasis Supplied) The authorities still did not move a step. 13. Concerned with the extreme negative consequences of air pollution in Delhi, the Supreme Court reported at (2017) 1 SCC 412 Arjun Gopal v. Union of India observed as follows: “10. When we refer to these extreme effects, we are not merely referring to the inconvenience caused to people, but to abject deprivation of a range of constitutionally embedded rights that the residents of NCR ought to have enjoyed. Needless to state, the grim situation of air quality adversely affected the right to education, work, health and ultimately, the right to life of the citizens, and this Court is constitutionally bound to address their grave concerns. May we remind ourselves, that this is not the first time that this Court was impelled into ensuring clean air for the citizens of the capital region.” (Emphasis Supplied) 14. We may also usefully advert to the words of Krishna Iyer, J. in the judgment reported at AIR 1980 SC 1622 Municipal Council Ratlam v. Vardhichand and Ors. in referring to the duties of the municipal authorities, it was held thus: “9....... All power is a trust - that, from countable for its exercise - that, from the people, and for the people, all springs, and all must exist. “(1) Discretion becomes a duty when the beneficiary brings home a duty when the beneficiary brings home the circumstances for its benign exercise.” 15. The concerns in these judgments stand ignored with impunity by the authorities. Additionally, the CDs reflect hopeless overcrowding in the areas visited by the ABP team. “(1) Discretion becomes a duty when the beneficiary brings home a duty when the beneficiary brings home the circumstances for its benign exercise.” 15. The concerns in these judgments stand ignored with impunity by the authorities. Additionally, the CDs reflect hopeless overcrowding in the areas visited by the ABP team. We note that ruthlessly, without addressing the requirements of increasing sewage collection capacity; effecting no change in garbage collection or its disposal; no improvement in terms of either capacity or of machinery and on mechanisms; no apparent increase in the amount of water available, no additional facility for parking, etc., unauthorized developments are being permitted by the respondents. 16. In another PIL, this Bench is examining the issue of violence against public health providers, i.e., doctors in hospitals. One reason being considered is the insufficiency of the available infrastructure. 17. Demands on every aspect of public services including policing have increased phenomenally. Instances of road rage over parking issues are rampant. The crime graph reflects a steep rise. 18. The protections to illegal structures causing the overcrowding appears to be efforts of the respondents to secure the right to shelter, a part of right to life under Article 21 of the Constitution of India. While doing so, the respondents are completely ignoring the equally, if not more important right, of the citizens to a clean and healthy environment, which is also a fundamental right under Article 21 of the Constitution of India. The above pronouncements would show that right to clean environment cannot be compromised under any circumstance. 19. In this regard, we may also extract the Directive Principles of State Policy as mandated by Article 48A of the Constitution of India, which states as follows: “48A. Protection and improvement of environment and safeguarding of forests and wild life - The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.” 20. The mandate of this Constitutional provision is absolute and brooks or permits no variation. Thus, how can the odd/even car registration number policy or any other propounded policy intending to address environmental issues in Delhi, go hand in hand such with unstructured action of indiscriminately regularization of unauthorized, unplanned colonies; continuously on going compounding of unauthorized illegal constructions. 21. The mandate of this Constitutional provision is absolute and brooks or permits no variation. Thus, how can the odd/even car registration number policy or any other propounded policy intending to address environmental issues in Delhi, go hand in hand such with unstructured action of indiscriminately regularization of unauthorized, unplanned colonies; continuously on going compounding of unauthorized illegal constructions. 21. Our attention is also drawn to Article 243W of the Constitution of India which enables a State to by law, endow Municipalities with certain powers and authority as specified in the Twelfth Schedule of the Constitution. The Twelfth Schedule which was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992 at serial Nos.6 and 8 of list includes the following: “6. Public health, sanitation conservancy and solid waste management. 8. Urban forestry, protection of the environment and promotion of ecological aspects.” Article 243ZB of the Constitution extends the above provisions to Union Territories. 22. It would be appropriate to also refer to the concerns of global warming. From a Delhi which could boast of the highest per capita tree average in the early 1970’s as well as the largest number of bird species in any urban city, it has been converted into an urban slum, which is reeling under the fear of dengue, chikenguniya, respiratory tract diseases. Consciously and callously, without application of mind to any of the concerns of the environment, rampant conversion of residential colonies are being permitted indiscriminately into commercial usage, without any increase or improvement in municipal services. 23. This issue has been the subject matter of consideration by the Supreme Court of India in a judgment reported at (2004) 6 SCC 288 M.C. Mehta v. Union of India (UOI) and Ors. wherein the Supreme Court has observed as follows: “14. It is also necessary to note as to what stand from time to time the Ministry of Urban Development has taken on the aspect of in situ regularisation. In an affidavit dated 4-12-2000 filed by its Deputy Secretary, reliance has been placed by the Ministry upon the statement made by its Minister on the floor of the House on 24-11-2000. It is also necessary to note as to what stand from time to time the Ministry of Urban Development has taken on the aspect of in situ regularisation. In an affidavit dated 4-12-2000 filed by its Deputy Secretary, reliance has been placed by the Ministry upon the statement made by its Minister on the floor of the House on 24-11-2000. In that statement, opposing regularisation, the Minister said as to what Delhi we want to live in, what type of legacy do we wish to bequeath to posterity and to our children and grandchildren; do we want our city to become a junkyard of unauthorised constructions, mirroring civic and moral chaos, or an orderly and disciplined capital of a resurgent republic, embodying values of justice and honesty on the basis of which we have often claimed a pre-eminent position for our culture and civilisation. The statement further gave facts and figures that 50 million gallons per day of industrial waste is going into the Yamuna and said that what is seen flowing in it today is nothing but sewage and industrial waste. In Okhla alone, for instance, during March-April 2000, the biochemical oxygen demand (BOD) level in the river was about 70 mg per liter as against a standard of 3 mg per liter i.e. 25 times more than the permissible level. An apprehension was expressed that if the present attitudes and practices persist, Delhi would run the risk of having as many as 30 million people in the next few years and becoming an ugly, unhealthy, unworkable and unliveable city. In the process, a fatal blow would also be dealt to the development of the National Capital Region which comprises a substantial part of three important neighbouring States of Haryana, Rajasthan and Uttar Pradesh. The affidavit states that in case of large number of residential colonies, with so-called 70% concentration of industries of which the entire land use is sought to be changed from residential to industrial, should the master plan be amended to destroy its very soul and structure or subvert the basic norms of health, habitation and environment or reward the illegal establisher of industries and in the process penalise the law-abiding residents and condemn them to stay forever in industrial areas or force them to abandon their houses built with hard-earned income? It also states that no one has made it clear where the residents would be taken, what would the cost of resettlement be, who will bear it and how would the layouts and pattern of services and infrastructure, meant for residential colonies, be adjusted to the requirements of industries and consequent traffic and transport that would flow not only in the colonies in question but also in their neighbourhood. 24. We may also note that not a single incidence of disciplinary action taken against any non-performing official has ever been placed before us. We do not see a single incidence of any resident being sent to jail for violating the law, especially those as have such dangerous consequence. 25. We are informed that Deputy Commissioners from the Municipal Corporations are present in the Court. But their presence does not reflect any concern with the seriousness of the problem or its magnitude. None of them have conducted any spot inspection. Not even a single word has been said in defence on what reports of the local commissioner and his team has placed before us. 26. It is trite that the directions issued by the Supreme Court which are intended to ensure the constitutional rights of the people have to be adhered with. We extract hereunder the relevant observations of the Supreme Court in para 19 of the pronouncement reported at (2013) 11 SCC 404 Priya Gupta v. Ministry of Health and Family Welfare which reads as follow: “19. xxx The law declared by this Court whether in the form of a substantive judgment inter se a party or are directions of a general nature which are intended to achieve the constitutional goals of equality and equal opportunity must be adhered to and there cannot be an artificial distinction drawn in between such class of cases. Whichever class they may belong to, a contemnor cannot build an argument to the effect that the disobedience is of a general direction and not of a specific order issued inter se parties. Such distinction, if permitted, shall be opposed to the basic rule of law.” 27. It therefore cannot be contended that the directions and observations made by the Supreme Court in the judgment cited herein above as well as several others on environmental aspect, especially those relating to Delhi, were not required to be followed by the respondent. 28. Such distinction, if permitted, shall be opposed to the basic rule of law.” 27. It therefore cannot be contended that the directions and observations made by the Supreme Court in the judgment cited herein above as well as several others on environmental aspect, especially those relating to Delhi, were not required to be followed by the respondent. 28. So who is to be held responsible for the above. It is noteworthy that Municipal Corporations are headed by the Commissioners under Section 59 of the Delhi Municipal Corporation Act who have the entire executive power for the purpose of carrying out the provisions of this Act which confers any power or imposes any duty on the Corporation, shall vest in the Commissioner who shall exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force. Apart from the concern of health and environment and right to life of the citizen of Delhi, we are even more seriously concerned with the wilful violation of the orders of the Court. 29. We may hasten to add this could have been legally permissible and acceptable only if the other concerns in the nature of increase sewage capacity, increase garbage collection and disposal capacity; increase parting; increased circulation, i.e., more or wider roads; water supply; increased parks and open spaces i.e. lung space increased community facilities etc. for the greater number of persons who would come to occupy the colony could be provided for by the authorities. But this is not so. 30. We are compelled to put a question to the respondent - how can urban plans of already developed areas, be amended retrospectively? Of greater concern is how can such amendments be effected to existing colonies, i.e., have retrospective application, to adversely impact the rights of those residents who occupy the same colony after following the law, without in any manner extending the above facilities?. 31. The acts and omissions of the respondents which have been brought out in the two CDs, which have been taken on record, would show complete violation of statutory provisions, judgments of the Supreme Court as well as of this Court. These acts and omissions are in complete breach of the rights of the citizens of Delhi under Article 21 of the Constitution of India. These acts and omissions are in complete breach of the rights of the citizens of Delhi under Article 21 of the Constitution of India. These are also in breach of the mandate of Delhi Municipal Corporation Act as well as other civic laws. The respondents have failed to carry out the duties cast on them by Article 48A of the Constitution of India. 32. The material placed before us also reflects the complete apathy of the respondents as well as their complete inability to meet the requirements and the needs of the citizens. Apart from these, acts and omissions being contumacious, they have criminal nuances and consequences as well as have a direct adverse impact on the health of the citizens of the city. There is irreparable damage to the environment and all concerns relating to global warming. 33. We may also note that the reports show that what should be a simple back to back operation, i.e., de-silting drain and removal of the silt from the spot is not being undertaken. As a result, such silt which is removed from a drain is left alongside the drain so that when it rains the removed silt flows back to clog the drains. 34. In W.P.(C) No.3147/2017, we have been compelled to appoint a three members Committee to submit its report regarding construction activity. In yet another writ petition W.P.(C) No.4349/2017, we were compelled to take suo motu action on a newspaper report regarding the municipal corporation permitting non-confirming activity in a colony which has had carcinogenic impact on the ground water of that colony. The newspaper report had reported death of several persons by cancer. The status reports which have been filed by the Govt. of NCT of Delhi has pointed out that more persons have been detected as suffering from cancer. In this Public Interest Litigation, this Court has been compelled to direct an investigation by the CBI and take an action against the officers who were in position on the days when the polluting units had commenced operations. 35. We may also note that the Swachh Bharat Campaign is a flagship programme of the Government of India. The complete inaction on the part of the respondents Municipal Corporations, as is manifest from the CDs renders the objectives of the Swachh Bhart campaign to a complete naught. 35. We may also note that the Swachh Bharat Campaign is a flagship programme of the Government of India. The complete inaction on the part of the respondents Municipal Corporations, as is manifest from the CDs renders the objectives of the Swachh Bhart campaign to a complete naught. To say least, it is not only bringing great disrepute to the capital of India but also exposing the residents of Delhi to dangerous diseases like dengue and chickeguniya as well as respiratory tract diseases and cancer and even carcinogenic. 36. As noted in our order dated 31.05.2017, courts would be handicapped in getting the true and exact picture or the ground realities. Even if we may appoint court commissioners, they would be restricted in terms of place and time of the inspection. We may also note that normally when we appoint local commissioner, they are appointed against payment of fee. Mr. Ankit Gupta and his team have rendered pro bono service to the cause of citizens of the city and bringing out the truth. Therefore, while recording appreciation, we must express our gratitude to the team of Mr. Ankit Gupta for the work they have undertaken. They have truly rendered a great service to the residents of the city by bringing such an important issue to light. 37. We may also make it clear that the mandate of our appointment of local commissioner by order dated 31st May, 2017 has not come to an end. Mr. Ankit Gupta and his team shall continue to conduct the spot inspection at different places in Delhi and place the report thereof before us. 38. We are of the view that it is high time that such impunity; disregard of the afore judgments, orders of this Court, violation of the statutory provisions is brought to look. 39. It is shocking that despite the concerns which we expressed on the 31st of May 2017, the Municipal Corporations of Delhi have not moved a single step. While it may not have been possible to address all issues in the intervening period of two days, however, some visible sight of urgency and concern would have been reflected. The position on the ground is the same as it was reflected in the ABP News report on 30th May, 2017 in ‘Ghanti Bajao’. While it may not have been possible to address all issues in the intervening period of two days, however, some visible sight of urgency and concern would have been reflected. The position on the ground is the same as it was reflected in the ABP News report on 30th May, 2017 in ‘Ghanti Bajao’. Almost 50 officers of the various municipal corporation are present in court, however, there is not a single word of explanation. 40. We may also note that the CDs also highlight the lack of uniforms and apparatus to the workers of the Corporation. The CD shows that a little stick is being used by the municipal worker to clear a large clogged drain. 41. We may point out that in W.P.(C) Nos.8917/2015 and 9006/2015 as well as by order dated 31st May, 2017, we have issued directions to the Government of India - respondent No.1 before us, to examine the provisions of the National Capital Region of Delhi Act, 1991 which may be necessary to examine the working of the National Capital Region Board. This exercise is essential to ensure availability of adequate land even for dumping the solid wastes being generated. 42. We are also informed by Mr. Narula, CGSC and Mr. Ghose, ASC, GNCTD that the Govt. of NCT of Delhi has introduced Swachh App to enable the citizens of Delhi to call upon the authorities to inform the location of the garbage to clean up. It is submitted by Mr. Ghose that this app will be active and intended to would further empower the citizens to ensure that the concerns were addressed. 43. We are unable to understand as to how this app would be of any use. The garbage which we have seen in the CDs is lying on roadsides stretches over hundreds meters. Dhalaos are overflowing with the garbage. It is shocking that Delhities would have to make phone calls to the authorities to clean such garbage their primary duty. 44. In view of the above, we direct as follows: (i) Issue notice to the Commissioners of East Delhi Municipal Corporation, South Delhi Municipal Corporation and North Delhi Municipal Corporation to show cause as to why contempt of court proceedings be not initiated against them. (ii) The Commissioners of the South, East and North Delhi Municipal Corporations shall be present in the Court on the next date of hearing. (ii) The Commissioners of the South, East and North Delhi Municipal Corporations shall be present in the Court on the next date of hearing. No application for exemption shall be entertained. (iii) Emergent steps shall be taken by the respondents to ensure that proper uniform and apparatus is made available to the workers. (iv) Let a hard as well as soft copy of the CDs be made available to Mr. Sanjeeve Narula, learned Standing Counsel for the Central Government as well as a copy of the order passed on 31st May, 2017 and today who shall ensure that the same are placed before the Principal Secretary, PMO for taking appropriate steps so that the spirit, intendment and purpose of Swachh Bharat so far as National Capital Territory of Delhi is concerned, are actually achieved implemented. (v) Let a copy of the order dated 31st May, 2017 and today as well as the CDs be made available to Mr. Sanjay Ghose, the learned ASC for the Govt. of NCT of Delhi to place the same before the Lieutenant Governor of Delhi to enable him to take a view on the matter and to ensure that the needful be done so that the work of solid waste, collection and disposal of garbage in Delhi is effectively addressed by the respondents. List on 21st June, 2017. Ordered accordingly.