Full Judgment Text
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PETITIONER:
VERSUS
Vs.
RESPONDENT:
STATE OF DELHI & ORS.
DATE OF JUDGMENT: 16/11/1998
BENCH:
B.N.KIRPAL, S.P. KURDUKAR, V.N. KHARE.
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
In respect of the upgradation of sewerage management
systems in the trans-Yammuna area of Delhi and Section
14, 14-A, 15, 15A, 16, 16-A and 17 of NOIDA this writ
petition was filed in this Court. By Order dated 6 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. In October 1998 the said Committee has
submitted its final report relating to status and options
for upgradation of the sewerage management systems in the
aforesaid areas.
Copies of the said report were given to the learned
counsel for the parties and no objection to the same has
been received.
We have gone through the report and, in our opinion,
it merits acceptance. Apart from indicating the status of
the system as of today, the said report at pages 40-44 gives
the action plan for the works which are required to be
undertaken and the organisations responsible for undertaking
each work. At page 44 the Committee has drawn up a time
frame with regard to the various activities mentioned in the
action plan.
As per the action plan suggested by the Committee,
the authorities who are responsible for the implementation
thereof have been mentioned. The persons who can be held
accountable in respect thereof are as under :
Name of the AuthorityPerson Accountable
1. Delhi Jal Boardi) Chairman; and
ii)Member Secretary
2. Delhi Flood Control &Chief Secretary,
Irrigation DepartmentDelhi
3. Municipal CorporationChairman
of Delhi
4. Delhi Development AuthorityVice-Chairman
5. U.P.Pollution Control BoardChairman
6. G.D.A.Vice-Chairman
7. Delhi Pollution Control Board Chairman
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8. NOIDA Administration Chairman
9. U.P.Jal Nigam Chairman
10. U.P.IndustrialDevelopment Chairman
Corporation
11. Min.of Urban DevelopmentChief Secretary,
Govt.of NCT of DelhiDelhi.
As already noticed, the time frame which has been
suggested mentions that activities at Sr. Nos 1-9 of the
action plan should be completed before 31st December 1998,
the activities at Sr.No.10-22 are to be completed before
31st March, 1999, the activities at Sr.Nos.23 & 24 are to be
completed before 30th September, 1999 and activities at
Sr.Nos.25 to 34 are to be completed before 31st March, 2000.
We see no reason to change the time frame except
that as far as activities Nos. 1 to 9 are concerned, we
extend the time for completing the same by 31st January,
1999.
The Central Government had under section 3 of the
Environment Protection Act constituted an Environment
Pollution (Prevention and Control) Authority under the
Chairmanship of Shri Bhure Lal. It will be appropriate that
the monitoring of the implementation of P.K. Kaul
Committee’s report in the manner indicated in the action
plan of the said report is undertaken by the said Bhure Lal
Committee which is statutory committee having powers to
issue directions. We, therefore, direct that copies of this
Order as well as of the interim and final report of the P.K.
Kaul Committee be forwarded within a week to Shri Bhure Lal
with a direction that the said Committee will ensure that
various works mentioned in the action plan are undertaken as
per schedule. The Committee will have full authority to
issue appropriate directions to the various organisations
who have been mentioned as being responsible for
implementing different items of works as per the action
plan. The Bhure Lal Committee will also examine the
recommendations contained in paragraphs 5.1, 8.6 and 8.7 and
other relevant paragraphs of the said report and issue such
orders or directions as it may deem fit and proper.
It is made clear that if any organisation fails in
carrying out the directions so issued the persons mentioned
as being accountable will have to satisfy this Court as to
why appropriate action should not be taken for
non-implementation of the directions issued. If for any
reason any of these authorities are not in a position to
implement or carry out any of the directions so issued,
liberty is granted to approach this Court in this behalf.
Subject to any orders which may be passed by this Court the
directions given by Bhure Lal Committee shall be final and
binding on all. Copies of the reports and this order be
also sent to the aforesaid organisations.
To come up of further frictions in February, 1999.
Spare copies of the report of the P.K. Kaul Committee shall
be filed in the Registry by the Delhi. Administration
within one week and the Registry shall forward the copies of
the report of P.K. Kaul committee and this order to the
respective organisations within one week thereafter.