11.1 IMPORTANT DECISIONS OF THE SUPREME COURT

11.1.1 Taj Pollution Matter

Writ Petition(Civil)No.13381 of 1984 (M.C.Mehta Vs. UOI & Others), the further progress in the case during the year has been as follows :-

• The Hon'ble Court on 13.9.2000 directed the Central Pollution Control Board to make an inspection of the Taj Trapezium and find out the levels of various types of pollution having relevant not only public health but also to the Taj monument. It was further directed that the Central Pollution Control Board will also visit the Foundary Nagar industries to verify whether these industries are meeting the prescribed standards. The Central Pollution Control Board will again inspect these industries after one week by way of surprise check. In compliance of the Hon'ble Court's orders, the Central Pollution Control Board after carried out inspection in Agra, submitted its report before the Hon'ble Court for their consideration. On the basis of the recommendations of the Central Board, the Hon'ble Court vide its orders, dated 18.10.2000, 07.11.2000 and 14.11.2000 directed the various departments to take action in accordance with the recommendation of the CPCB.
• The Hon'ble Court while accepting the recommendations of the inspection report of the Central Pollution Control Board has directed vide its order, dated 7.11.2000 that four Air Quality Monitoring Stations be installed in Agra Region and these stations be run continuously for one year all the seven days in a week. These Air Quality Monitoring Stations are to be run by the Central Pollution Control Board and monitoring report of these stations must be submitted in the Court every month. In order to comply the Hon'ble Court's Order, the Central Pollution Control Board has submitted a detailed proposal for setting up four Air Quality Monitoring Stations in Agra Region to the Hon'ble Court by an affidavit dated 4.12.2000. The proposal of the Central Pollution Control Board has been considered by the Hon'ble Court on 4.5.2001 and accordingly directions have been given for setting up of four Air Quality Monitoring Stations in Agra Region.

11.1.2 Ganga Pollution Matter

Writ Petition(Civil)No.3727/1985(M.C.Mehta Vs. UOI & Others), the further progress in the above matter during the period is detailed below :

• In response to Hon'ble Court's notice, dated 9.5.2000 regarding mercury pollution in Singrauli area. The Central Pollution Control Board after in depth invesitation in Singrauli area in U.P. submitted its detailed reply on 18.10.2000 for consideration of the Hon'ble Court. In its reply the Central Pollution Control Board stated that after CPCB has identified Singrauli as one of the problem area in the Country. The Central Pollution Control Board has taken action by framing of time targeted action plan and also follow-up action for its implementation besides other measures.
• Further on 12.12.2000, the Hon'ble Court directed the Central Pollution Control Board to carry out inspection jointly with the West Bengal Pollution Control Board of M/s Standard Casting, Baltikuri, Bakultala, Hawrah, West Bengal to ascertain the efficiency of the Pollution Control Devices of the said foundary. The Central Pollution Control Board has submitted the status report of the foundary after joint inspection carried out on 29.12.2000. The foundary has failed to achieve the stipulated standards. The Hon'ble Court after consideration of the joint inspection report on 13.2.2001 dismissed the application of the said foundary.
• In the matter of Interlocutory Application (IA) filed by the Central Pollution Control Board seeking direction from the Hon'ble Court in respect of the municipalities/nagar palikas/local bodies located in the State of Uttar Pradesh and Bihar, to maintain properly and operate the sewage treatment plant/ sewarage systems, pumping stations, crematoria, low cost toilets or any other assets/infrastructure created under the Ganga Action Plan(GAP). The Hon'ble Court on 28.3.2001, after consideration of the replies of the States of Uttar Pradesh, Bihar and West Bengal directed that it is appropriate that the Central Pollution Control Board jointly with the respective State Pollution Control Board, examine and inspect the functions in different States of Bihar, West Bengal, Uttar Pradesh and Uttranchal and submit a comprehensive report indicating to what extent the orders of the Court have been complied with by the respective authorities. The joint inspection report is to be submitted by 31.7.2001. The Hon'ble Court has further directed that each of the State shall deposit a sum of Rs.1.5 lacs each within 3 weeks from the date of the order to meet the expenses of inspection.

11.1.3 POLLUTION FROM INDUSTRIES IN NCT-DELHI

Writ Petition(Civil)No.4677 of 1985 (M.C.Mehta Vs. UOI & Others), the further progress during the year has been as follows

• On 29.8.2000, the Hon'ble Court has modified their earlier order, dated 26.11.98 regarding closure of brick kilns and clarified that with the closure of the brick kilns or the change in use to fly-ash technology, the owners of the land on which they were situated would not be under any obligation to surrender any land. It was made clear that this order will not apply to those brick klin owners who have availed and benefited in the matter of relocation.
• On 12.9.2000, the Hon'ble Court in the matter of relocation/shifting of F-Category industries from residential areas directed that it is appropriate to appoint the Ministry of Urban Development to act as a nodal agency. The said Ministry will create a Cell to see the implementation of various orders passed by the Court as well as the implementation of the Master Plan. The nodal agency so created shall have all the powers under section 3(3) and 5 of the Environment (Protection)Act,1986.
• On 7.12.2000, the Hon'ble Court directed that under the supervision of the Nodal Agency, the Government of National Capital Territory of Delhi, Municipal Corporation of Delhi and Delhi Development Authority will close all the polluting units functioning in non-conforming/residential areas or zones. This should be done within four weeks from the date of the order. The Chief Secretary, NCT of Delhi, the Commissioner, MCD, Vice Chairman, DDA as well as Commissioner of Police, Delhi shall render all assistance to and comply with the directions issued by the nodal agency in compliance of the orders of this Court regarding closure and/or re-location. The nodal agency will be at liberty to direct closure of the polluting units under their supervision.
• Special Leave Petition(Civil)No(s) 8767/2000 and 10356/2000 (Delhi Pollution Control Committee Vs. National Chemicals and Delhi Pollution Control Committee Vs. Payal Chemicals Industry and Others)

These Special Leave Petitions were filed by the Delhi Pollution Control Committee(DPCC) against the order of the High Court of Delhi passed on 1.11.1999. The DPCC earlier identified these industries as 'H' Category under the Master Plan of Delhi-2001. These industries are manufacturing plasticizers Di-butyl Phthalate (DBP) by using chemical (N-Butyl alchohal and Pthalic anhydride) as raw material. Against the categorization these industries got stay orders from the High Court of Delhi. On 13.12.2000, the Hon'ble Court after consideration of the joint inspection report of the Central Pollution Control Board and the DPCC, has vacated the stay granted by the Delhi High Court and directed that the manufacturing activities of both the industries shall be closed within ten days from the date of the order. The matter is under consideration of the Hon'ble Court.

11.1.4 Yamuna River Pollution Matter

Writ Petition(Civil)No.725/1994, (News Item 'HT', dated 18.7.1994 titled "And Quite Flows Maili Yamuna" Vs. CPCB & Others). The further progress in the case during the year has been as follows :

Monitoring Of River Yamuna By CPCB

• In compliance of the Hon'ble Court's orders, the Central Pollution Control Board has carried out monitoring of water quality of the river Yamuna and drains joining it in Delhi. The reports of the Central Pollution Control Board have been submitted vide affidavit dated 29.9.2000, 9.11.2000 and 11.1.2001 for the consideration of the Hon'ble Court.
• In its reports the Central Pollution Control Board recommended that there should be proper collection of waste water generated in Delhi by augmenting sewage facilities, laying down trunk 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 maintain using three tier maintenance schedule. Adequate sanitary arrangements for slums and J.J.Colonies. Use of Waste Water after treatment for irrigation, gardening and other uses. To exchange treated waste water to fresh water with Haryana.
• On 11.5.2000, the Hon'ble Court has observed that the report of the Central Pollution Control Board indicated that the quality of the water in the river Yamuna was worse than that of a drain. There was no dissolved oxygen in the river at the Okhla Barrage. In view of the non-compliance of earlier orders, a nominal fine was imposed on the Delhi Administration while the realization of the fine was suspended.
• On 11.7.2000, the Hon'ble Court has observed that the latest report of the Central Pollution Control Board does not indicate any substantial improvement in the water quality, the dissolved oxygen in the Yamuna river at Okhla after meeting the Shahdara drain continues to be nil with the total califorms ranging between 11 lacs 70 thousand to 3 crores 47 thousand, the normal being 5 thousand maximum. The Hon'ble Court directed the Delhi Administration that if the water quality does not improve not only the earlier penalty be directed to be realized but further action may also be undertaken.
• On 11.10.2000, 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 with effect from March,2003, no untreated sewage should go to the river Yamuna.