SUPREME COURT OF INDIA

Before:- B.N. Kirpal, K.G. Balakrishnan and Arijit Pasayat, JJ.

Writ Petition(Civil) No. 725 of 1994. D/d. 06.11.2001.

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

Versus

Central Pollution Control Board and another - Respondents

With

I.A. No. 20 and 21 in W.P.(C) 4677 of 1985

M.C. Mehta - Appellant

Versus

Union of India - Respondent

With

I.A. Nos. 1207, 1183, 1216 and 1251.

For the Appearing parties :- Mr. Ranjit Kumar, Sr. Adv. (AC) Mr. M C Mehta, in person (NP), Advocate.

For the UOI :- Mr. H N Salve, S.G. Mr. Krishan Mahajan, Mr. K C Kaushik, Mr. C V Subba Rao, Mr. S Wasim A Qadri, Mr. C Radhakrishnan, Mr. S N Terdol, Mr. B V Balram Das, and Ms. Anil Katiyar, Advocates.

For the MCD :- Ms. Indra Sawhney, Advocate.

For the CPCB :- Mr. Vijay Panjwani, Advocate.

For the DPCC :- Mr. D N Goburdhan, Mr. R C Verma, Ms. Kiran Kapoor, Mr. Mukesh Verma, Advocates.

For the NCT Delhi :- Mr. D N Goburdhan, Development Commissioner Ms. Pinky Anand, Ms. Gita Luthra, Advocates.

For the Haryana Pollution Control Board :- Mr. Mahabir Singh, Advocate.

For the NCR Planning Board :- Ms. Shiel Sethi, Advocate.

For the Delhi Jal Board :- Mr. R S Suri, Advocate.

For the UP & UP Mr. Ajay K. Agrawal, Jal Nigam, Ms. Alka Agrawal, Mr. Y P Singh, Mr. Arohi Bhalla, Mr. C Sidharth, Ms. Anamika Agrawal, Advocates.

For the Municipal Corpn. Ghaziabad :- Mr. Sudhir Kulshreshtha, Mr. Neeraj Kumar Jain, Mr. J P Dhanda, Mr. V B Saharya, Mr. Ravindra Bana, Ms. Hemantika Wahi, M/s Lawyers Associated, Ms. Naresh Bakshi, Mr. S.K. Mehta, Mr. M.L. Lohoty, Mr. Girish Chandra, Mr. Pradeep Misra, Mr. M.K. Diwakaran Nambordiri, Mr. Prashant Chaudhary, Mr. Ashok K. Srivastava, Ms. Indu Malhotra, M/s. Maqbool Mishra & Co. Mr. Pawan Kumar, Advocates.

Constitution of India, 1950, Article 21 - Water Pollution - Yamuna River - Impure water quality of - Since at least two-three years there had been no improvement in the quality of water as per C.P.C.B. latest report - Oxygen in water after it enters Delhi is still nil while at the same time the total coliforms from 600 goes upto 7 crores and faecal coliforms goes from 34 to 1 crore 41 lacs at Nizammudin - Direction given that by March, 2003 no un-treated sewage should enter river Yamuna.

[Paras 1 and 2]

ORDER

B.N. Kirpal, J. - In the order dated 11th October, 2000 it was inter-alia directed that suggestions would be given with regard to treatment of sewage in such a way that with effect from March, 2003, no untreated sewage should go to river Yamuna. The latest data with regard to water quality, which has been filed by C.P.C.B. shows that since at least two-three years there has been no improvement in the water quality. The oxygen in the water after it enters Delhi is still nil while at the same time the total coliforms from 600 go upto 7 crores and faecal coliforms goes from 34 to 1 crore 41 lacs at Nizammudin. It is this deterioration of water quality which has become a serious health hazard for the inhabitants of Delhi. The parameters which are laid down by the Government itself are not being adhered to. The Government with all the resources at their command are under a duty and obligation to ensure that unpolluted water or tolerable standard of water is maintained. How this is to be achieved is for the Government to decide. All that the Court is concerned with is to ensure and direct that the parameters laid down under statutory provisions with regard to the quality of the water are attained.

2. The Delhi Administration shall file an affidavit giving the time schedule as to what it proposes to do and also indicate the phases in which the pollution level will come down in order to ensure that by March, 2003 no un-treated sewage enters river Yamuna. On the said affidavit being filed, appropriate orders will be passed. Affidavit be filed within two weeks.

3. List after two weeks.

.