POLLUTION
IN RIVER YAMUNA: Writ Petition (Civil) No.725/1994, News Item ‘HT’, dated 18.7.1994,
A.Q.F.M. Yamuna Vs Central Pollution Control Board & Ors.
A
news item titled ‘…and Quite Flow Maily Yamuna…’ was published in a daily News
Paper ‘The Hindustan Times’, New Delhi on 18.7.1994. The said news item was based
on findings of Central Pollution Control Board. The Hon’ble Supreme Court took
suo-moto cognizance of this news item and issued notices on 2.12.1996 to the Central
Board with the directions to conduct investigations in the cities of Ghaziabad,
NOIDA and Modi Nagar with a view to having an assessment of environment impact
and to the status of pollution due to generation of industrial wastes, municipal
sewage, household wastes and other types of wastes. It was also directed that
the Central Board shall give positive suggestions/schemes to be made operative,
so far as controlling pollution. The Central Pollution Control Board conducted
inspections in the cities of Ghaziabad, NOIDA and Modi Nagar and submitted a detailed
report on 18.12.1996 for the consideration of the Hon’ble Court. After examining
the report of the Central Board, the Hon’ble Court issued notices to the National
River Conservation Directorate (NRCD) and also to the Ghaziabad Municipal Corporation
for their response.
The
Central Board further submitted that the plan for cleaning of Kali Nadi was required
to be evaluated in detail through a Committee of experts. On the suggestions of
the Central Board, the Hon’ble Supreme Court ordered on 20.3.1998 that the committee
which was constituted in the Writ Petition (Civil) No. 914/1996 might also be
associated for the evaluation of the project proposal for the Kali Nadi and Ghaziabad,
NOIDA action plans and evaluate the appropriate technology to be adopted for these
projects. On the directions of the Hon’ble Court, the Committee under the Chairmanship
of Shri P.K.Kaul, Ex- Cabinet Secretary submitted its reports before the Hon’ble
Court for consideration. The matter is still under consideration of the Supreme
Court.
The
Central Board is regularly monitoring water quality of river Yamuna and drains
joining it in Delhi, in compliance of the Hon’ble Court’s order. Till date, several
reports, have been submitted for the consideration for the Hon’ble court. In it's
reports, the Central Board recommended that there should be proper collection
of wastewater generated in Delhi by augmenting sewerage facilities, laying down
by sewer lines. Untreated sewage should not be allowed to flow into the storm-water
drains. Sewage treatment plants are required to be operated to their full capacity.
The existing sewerage network should be appropriately maintained using three tier
maintenance schedule. Adequate sanitary arrangements for slums and J.J.Colonies,
and use of wastewater after treatment for irrigation, gardening and other uses
were suggested. Delhi might exchange treated wastewater to fresh water with the
State of Haryana.
The
Hon’ble Court directed the Ministry of Environment & Forests and Ministry
of Urban Development, Government of India to study the problem with regard to
the treatment of sewage in Delhi and give their positive and concrete suggestions,
so that after 31st March, 2003, no untreated sewage should go to the
river Yamuna. The matter is still under consideration of the Hon’ble Court.
Yamuna
Pollution Matter
The
Hon’ble Court on 10.4.2001 after considering various reports submitted by the
Central Pollution Control Board on the status of Yamuna River, observed that it
was not the denied fact that right to life guaranteed under Article 21 of the
Constitution include a right to clean water. This right to clean water being deprived
to 31.8 million citizens of Delhi because of the large scale pollution of the
river Yamuna. The entire pollution takes place only in the stretch of the river
Yamuna that passes through Delhi which is about 22 km. The quality of water of
river Yamuna, when it enters in Delhi, is far superior than when it leaves Delhi
and by the time Yamuna enters into Agra canal. The Hon’ble Court further directed
that when an Integrated Action Plan was furnished, steps might be taken so as
to ensure that at least by 31.3.2003 the minimum desired water quality (i.e. of
class-C) in the river Yamuna is achieved in Delhi Stretch. The Hon’ble Supreme
Court further directed the Ministry of Urban Development to submit how its Integrated
Action Plan could be implemented within the prescribed time frame. The Chief Secretary
of Delhi would also inform this Court as what steps could be taken to ensure to
attain the required quality of water in the river Yamuna so that it could no longer
be called "Mailee Yamuna" after 31.3.2003.
The
Hon’ble Court on 6.11.2001 while considering the status of pollution in the river
Yamuna observed that the deterioration of water quality became a serious health
hazard for the inhabitants of Delhi. The Government with all the resources at
their command should ensure that unpolluted water or tolerable standard of water
was maintained. The Hon’ble Court directed the Delhi Administration to submit
a time schedule as to what it would propose to do and also indicate the phases
in which the pollution level will come down to ensure that after 31st
March, 2003 no untreated sewage enters river Yamuna.
The
Hon’ble Court on 4.12.2001 directed that the Government should not allow construction
of additional floor or increase FAR without increasing the corresponding civic
amenities because any such addition in the construction would increase population
and the extinction of the river Yamuna. The Hon’ble Court further directed the
Central Government to consider and inform the Court whether any amendment is required
of the Environment (Protection) Act, 1986 so that the requirement of Environment
Impact Assessment for the purposes of the town planning is incorporated.
Distilleries
Matters
The
Hon’ble Court considered the petitions filed by the Distilleries located in Haryana
on 23.1.2001 and directed that a committee comprising Additional Secretary, Ministry
of Environment & Forests or such other senior officer as may be deputed by
the Ministry and the Chairmen of Central Pollution Control Board and Haryana State
Pollution Control Board be constituted and the said Committee, should take decision
with regard to allowing all or any of the distilleries to operate or not to operate.
The said Committee might seek such technical assistance, as it may deem fit and
proper. Accordingly, the Committee consulted experts who were well acquainted
with the distilleries and its effluent treatment, to evolve criteria for treatment
and disposal of distillery wastewater. Some of the distilleries in Haryana were
allowed to operate after compliance of this criteria developed by the Committee.
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