SUPREME COURT OF INDIA

Before:- B.N. Kirpal, Doraiswamy Raju and K.G. Balakrishnan, JJ.

I.A. Nos. 7, 9-10 and 12 in Writ Petn. (Civil) No. 725 of 1994. D/d. 11.10.2000.

News Item "Hindustan Times" A.Q.F.M. Yamuna - Petitioner

Versus

Central Pollution Control Board and another - Respondents

Water (Prevention and Control of Pollution) Act, 1974, Section 26 - Water Pollution - River pollution - Treatment of sewage water - Control measures - Untreated sewage goes in river as stated by counsel for State - STP's stated to be near completion - Assurance given that after trial runs no untreated effluent sewage will be discharged in river Yamuna - State directed to file an affidavit indicating steps taken to see that the other sewage is also treated.

[Paras 4 and 5]

ORDER

Mr. Rohtagi, the learned Additional Solicitor General has drawn out attention to the affidavit of Mr. P. S. Bhatnagar, Chief Secretary, in relation to the projection for treatment of sewage which is being generated and is likely to be generated in Delhi. The summary of the projections is given in para 7 of the affidavit but Mr. Rohtagi states that full facts are not contained therein. The capacity has to be increased, according to the learned counsel, by 45mgd. on account of CETPs under construction and another 65mgd. which are stated to be under construction at Kondli and Yamuna Vihar. Mr. Ranjit Kumar, the learned Amicus Curiae further points out that this 75mgd. has already been taken into consideration because that is what has enhanced the capacity from 512.40 mgd. in March, 2003 to 577,40 mgd. in March, 2004 as stated in para 7 of the affidavit.

2. It appears to us that the figures contained in this affidavit are not accurate. We, therefore, direct the Ministry of Environment and Forests/Ministry of Urban Development, Government of India to study the problem with regard to the treatment of sewage in Delhi and to file an affidavit within three weeks, Mr. Vijay Panjwani states that in a report filed by the CPCB full details with regard to the 16 STPs, 11 of which have been constructed and the balance are to be constructed, have been given. That material will be available with the Union Government who should carry out its inquiry independently before filing the affidavit. The affidavit will give positive and concrete suggestions with regard to the augmentation of the treatment capacity in such a way that with effect from March, 2003 at the very earliest no untreated sewage should go to the River Yamuna. List after three weeks.

3. Liberty is given to the Delhi Administration also to file an additional affidavit, if they think so.

4. There are three drains originating in the State of U. P, which meet the River Yamuna in Delhi. These are drains of Indrapuri, Sahibabad and Noida. It is stated by the learned counsel for the State of U. P. that treated sewage of Noida goes into the River Yamuna. As far as Sahibabad is concerned the STPs are nearing completion and after the trial runs by March, 2001 no untreated effluent sewage will be discharged into the River Yamuna.

5. As far as Indrapuri is concerned, the State of U. P. has no scheme for treating the sewage which goes into that drain. The State of U. P. will file an affidavit within three weeks from today indicating what steps it will be taking in order to see that by March, 2001 Indrapuri sewage is also treated.

Order accordingly.