CHAPTER XI

PROSECUTIONS LAUNCHED, CONVICTIONS SECURED AND
DIRECTIONS GIVEN FOR CLOSURE OF POLLUTING INDUSTRIES

11.1    TAJ POLLUTION MATTER  

Writ Petition (Civil) No.13381/1984, M.C.Mehta Vs Union of India & Ors.  

Brick Kiln Matter:  

In the matter of Taj Pollution Case, the Hon’ble Supreme Court has passed directions to minimize the pollution being created by the brick kilns in Taj Trapezium Zone (TTZ) area. The Hon’ble Supreme Court directed that in view of the report submitted by the U.P. Pollution Control Board, the District Administration to take action to close down 34 bricks kiln out of 123 brick kilns which could operate after NEERI’s recommendations. Remaining 89 brick kilns have made provisions for control of emission and actions have been taken for compliance of various recommendations of NEERI. While disposing of the Interlocutory Applications of brick kiln owners, the Hon’ble Supreme Court directed through various orders that a joint Inspection Committee be formed consisting of two officials each from the Central Pollution Control Board, the U.P. Pollution Control Board and one official from Archeological Survey of India (ASI). The said Joint Inspection Committee so constituted made several inspections of the premises of the brick kilns located in Agra, Firozabad, Hathras and Etah District of TTZ area and submitted reports to the Supreme Court. In total, the Joint Inspection Committee has inspected about 47 brick kilns located in the Districts of Agra, Firozabad, Hathras and Etah during 2002-2003 and submitted their reports through various affidavits in the Supreme Court. The Hon’ble Supreme Court accordingly directed the brick kilns to comply with the recommendations of the NEERI, Guidelines of Central Board and provisions of the Notification issued by the Central Government.  

Air Quality Monitoring Stations at Agra:  

The Central Pollution Control Board has established 4 ambient air quality monitoring stations in Agra in pursuance of the Hon’ble Supreme Court’s orders. These four air quality monitoring stations have been operated continuously 24 hours and 365 days at Taj Mahal, Itmad-Ud-Daula, Rambagh and Nunhai and monitoring the ambient air quality for parameters like SO2, NOx, SPM and RSPM along with metrological parameters. Beside this, the Central Board has also established one central analytical–cum-calibration laboratory at Agra. The data so generated are being reported to the Hon’ble Supreme Court on monthly basis and also displayed at the gate of the Taj Mahal for the information of the general public.

The Hon’ble Court on 8.4.2003 after considering the Central Board’s monthly monitoring report of the said four stations further directed that the proposal of the Central Board to install SODAR (Sound Detection and Ranging System) for the Central Laboratory and purchase of Fine Particulate Matter Sampler (necessary for characterization of RSPM and FPM) be accepted for which Rs.10.00 lacs directed to be released by the Union of India. On the suggestions of the Central Board that monitoring activity be restricted for 208 days (in which all week days and weekends shall be covered so as to have proper maintenance of equipment as well as timely servicing, calibration etc.) at three locations viz Itmad-Ud-Dhaula, Rambagh and Nunhai except Taj Mahal. The Hon’ble Court accepted the suggestions of the Central Board.  

11.2    POLLUTION BY CHEMICAL INDUSTRIES IN GAJRAULA AREA IN UTTAR PRADESH  

Writ Petition (Civil) No.418/1998, Imtiaz Ahamad Vs Union of India & Ors.  

The Petition was filed in 1998 regarding pollution caused by the several industries located in the Gajraula (Jyotiba Phule Nagar) district, U.P. It was alleged that those industries are discharging untreated effluent and emission beyond the prescribed limit as a result of which the health of the people   and   agricultural crops   in  the  region  severally  affected. The discharge from the industries carrying industrial and chemical waste in the Bagad nullah which ultimately pollute the river Ganga. The Hon’ble court issued various directions to control the pollution in the area and the Central Pollution Control Board has submitted various inspection reports in compliance of the Hon’ble Court.  

The Hon’ble Supreme Court on 28.2.2002 after considering the report of the NEERI and subsequent comments of the Central Board, observed that the concerned industry M/s Insilco had complied with required norms and measures in accordance with the recommendations of the Central Board. Therefore, M/s Insilco be permitted to continue with the industry on the present premises. The Hon’ble Court referred the recommendations of the Central Board and further directed that the recommendations of the Central Board should be considered as a part of the order of this Court and all industries including M/s Insilco should abide by the said recommendations.  

Further, the U.P.State Pollution Control Board was directed to take effective measures for necessary inspections in terms of the recommendations of the Central Board. The U.P. State Industrial Development Corporation (UPSIDC) should draw an environmental management plan in accordance with this order and it was further directed that no new large or medium polluting unit should allow to establish or the existing unit should not allow any expansion by the appropriate Authority of the State of U.P., with these directions the writ petition was disposed off.

11.3    GANGA POLLUTION MATTER  

Writ Petition (Civil) No. 3727/1885, M.C.Mehta Vs Union of India & Ors.  

In the matter of Interlocutory Application filed by the Central Pollution Control Board before the Supreme Court of India. The Central Board has submitted the report in pursuance of Hon’ble Supreme Court’s orders. In its report the Central Board has informed the Hon’ble Court the polluting sources of different municipalities which functions on the Ganga Basin. The Hon’ble Court on 23.9.2002 issued notices to all the 122 Municipal Councils as well as the concerned seven State Governments of Uttar Pradesh, Uttranchal, Bihar, Jharkhand, M.P., Rajasthan and West Bengal to explain, why they have not erected the oxidation ponds and identify the land for the purpose. The matter is pending for consideration of responses submitted by the Municipalities and the concerned State Governments.  

11.4    NOISE POLLUTION BY FIRE-CRACKERS MATTER  

Writ Petition (C) No.72/1998, In Re: - Noise Pollution – Implementation of the Laws for Restricting use of Loud Speakers and High Volume Producing Sound Systems Vs Union of India & Ors.  

This writ petition is relating to noise pollution and is treated as public interest litigation. In order to minimize noise pollution various orders or directions have been passed by the Hon’ble Supreme Court for the implementation of the Laws or prescribed standards for restricting the use of loud speakers and high volume producing sound systems. The Hon’ble Supreme Court has also taken issues of the noise pollution by fire-crackers. It was observed that noise pollution causes health hazards. Earlier, to control noise pollution and to prevent accidents due to use of fire-crackers, the Hon’ble Supreme Court issued directions to the Central Government, all the State Governments and the Union Territories. The Hon’ble Court on 27.1.2003 observed that the Department of Explosives, Govt. of India is the implementing authority under the provisions of the Environment (Protection) Rules, 1986 and issued notices to Chief Controller of Explosives and directed the Union of India and the Central Board to submit their response on the implementation of the directions issued by the Supreme Court. The Central Board in its response submitted before the Court suggesting that the following amendments may be made in the Noise Standards for fire-crackers notified on 5.10.1999:  

i)              Inclusion of following agencies for testing of fire-crackers

 

a.      National Physical Laboratory (NPL), New Delhi

b.      Automotive Research Association of India (ARAI), Pune

c.      National Aerospace Laboratory (NAL), Bangalore

d.      Fluid Control Research Institute (FCRI), Palghat

e.      Naval Science & Technology  Laboratory (NSTL), Visakhapatnam

 

ii)       Based on the testing by above agencies, the Department of Explosives shall prepare a list of manufacturers of fire-crackers and their products likely to confirm noise standards, and circulate the list to all the State Government.

 

iii)      Only after the list is received from the Department of Explosive, the State Government through District Authority, shall give license for sale of fire-crackers.

 

iv)        The Explosive Rules, 1983 needs amendment. Rule 155 of the Explosive Rules, 1989 empowers District Authority to issue license to manufacture fireworks and/or Gunpowder upto 15 kgs. The power to issue license for manufacture fire-works needs to be withdrawn from the District Authority as it may not possible for very small manufacturers and at local levels to get the fire-crackers tested.

 

v)         The State Governments through District Authority shall ensure that fire-crackers likely to comply with the prescribed noise standards are sold in the market.  

11.5    MONITORING THE STATUS OF MSW MANAGEMENT IN DELHI IN THE MATTER OF B.L. WADHERA VS UNION OF INDIA AND ORS IN CWP NO. 841 OF 1998 IN THE HIGH COURT OF DELHI

  Pursuant to the directions of Hon’ble Supreme Court, dated 1st March 1996 and the order dated 28th April, 1999 of the Hon’ble High Court of Delhi, CPCB is carrying out inspection of the status of MSW management in Delhi once every four months. Salient observations of the monitoring carried out during the financial year 2002-2003 are as follows:

 

·        An average of only 30% of waste receptacles (dhalaos/ dustbins) in Municipal Corporation of Delhi (MCD) areas are found properly maintained. The figures for New Delhi Municipal Council (NDMC) and the Delhi Cantonment Area are 90% and 40% respectively.

 

·        Steep deterioration in maintenance of waste receptacles has been observed in the following zones of MCD:

-         Central Zone

-         Civil Lines Zone

-         Sadar-Paharganj Zone

-         Shahdara (North) Zone

-         Shahdara (South) Zone

 

·        Lifting and transportation of garbage from waste receptacles in MCD suffer from inadequate number of vehicles, thus causing major obstacle in improvement of MSW management in Delhi.

 

·        All the three landfill sites of NCT of Delhi (Bhalswa, Ghazipur and Okhla) have exhausted their capacity. Efforts to identify and develop new landfill sites are yet to gain required priority and momentum from the concerned authorities. Pending this development, more than 1.5 million MT of MSW is being dumped in these exhausted sites without proper care and precautions to avoid public health and environmental impacts.

 

The MSW compost plants operated by MCD and NDMC are dilapidated and operating at less than 15% of the installed capacities. The privately operated new compost plant at Bhalswa is also in a state of redundancy due to various operational and management issues.  

11.6    DELHI HIGH COURT MATTERS  

1.         Waste Oil Management Society & Others Vs The Union of India & Ors. (W.P. No.6624/2000)  

The Petitioner have alleged that the Union of India has issued public notice through the Central Pollution Control Board in order to regulate the re-use/reprocessing of the recyclable waste in an environmentally sound manner. The actual user  registered with the Ministry of Environment & Forests, Government of India should be allowed to participate in the sale, auction, negotiation and content of waste oil etc. No trader should be allowed to participate in the auction. The tender was floated by the U.P. Power Corporation Ltd. which is a generator of waste oil, regarding the allotment of transformer oil generated by the respondent company.  

One of the Petitioner bid for the said tender called by the U.P. Power Corporation Ltd. for disposal of 1000 KL transformer oil but was not awarded tender despite the submission of the valid consent under the Water (Prevention and Control of Pollution) Act, 1974, the Air  (Prevention and Control of Pollution) Act, 1981 and valid authorisation under the Hazardous Waste (Management & Handling) Rules, 1989. It has been alleged that tender was allotted to one of the Respondents  M/s Sun Chem Industries, who is neither registered with the District Industries Centre on Ministry of Petroleum nor has any valid authorisation from the concerned State Pollution Control Board.  

The Central Pollution Control Board filed its counter affidavit taking a stand that M/s Sun Chem Industries, Respondent No. 5 is processing waste oil which is ‘H’ category activity as per Delhi Master Plan (MPD-2001). And, as per Supreme Court order ‘H’ category activity is not permitted in NCT of Delhi, the industry processing hazardous waste may be shifted away from NCT of Delhi and it could be located in the industrial area.  

The Hon’ble High Court in its order, dated 6.11.2000 said that award of the contract shall be subject to the outcome of the writ petition. On 12.7.2002 writ petition has been dismissed as withdrawn.  

2.         Hemraj & Ors. Vs Commissioner of Police & Ors. (Writ Petition No. 3412/1999)  

Closure of Cuts on Road Matter  

The Petitioner Hemraj & others have filed CWP No.3419/1999 in the High Court of Delhi at New Delhi against the Commissioner of Delhi Police & others. By this writ petition, the petitioner seek to enforce the statutory obligations of the police authorities to exercise their powers under the provision of Regulation 30 of Delhi  Control of Vehicular and other Traffic on Roads and Street Regulation, 1980 which have been framed by virtue of power vested in the Commissioner of Police under Section 28 of Delhi Police Act, 1978. The petitioners have prayed before the Court to impose restrictions on movement of heavy and medium goods traffic movement on the entire main road from Chattarpur Mandir leading towards Bhatti Mines during peek hours in the morning as well as in the evening.  

The petitioners suggested to impose total prohibition/restrictions on movement and or plying of and /or parking of heavy and medium traffic goods vehicles for all 24 hours on all the approach roads by-lanes or streets leading to various village abadi or residential areas including the approach road to Fatehpur Beri and Deragaon Villages. The petitioners also prayed to issue directions to remove the illegal encroachment, workshops on the side of the main roads from Chattarpur Temple to Bhatti Mines.  

The Central Board has filed its counter affidavit stating therein that the Central Board has delegated its powers for enforcing and implementing the provisions of the Water Act, 1974 and the Air Act, 1981 to a committee known as the Delhi Pollution Control Committee. Further, it was said that if the trucks and other vehicles are allowed to carry badarpur sand/gravel bricks in an open vehicles, these are likely to cause air pollution besides nuisance and traffic hazard. It was submitted before the Hon’ble Court that the Hon’ble Supreme Court of India in Writ Petition No. 13029 of 1986 along with  Writ Petition No.393 of 1996 has earlier passed an order, dated 20.7.1998 directing the authorities to take urgent steps to tackle the acute problem of vehicular pollution in Delhi. And, Directorate of Transport, Government of NCT of Delhi has already issued a notification putting restrictions/prohibitions on the movement of vehicles in the NCT of Delhi.

The Hon’ble High Court vide its order, dated 10.5.2001, appointed a committee of amicus curie to assist the Court. Two officers of the Central Board have been nominated as members of the said Committee. Action taken report was to be filed on the next date of hearing. The Committee so constituted by the Hon’ble High Court has been filing its report before the High Court from time to time.

  On 28.8.2002, the issues of long queues for CNG at outer Ring Road (opposite old fort) and at National Highway –24 (near Ghazipur village), and flyover at NOIDA, (Mayur Vihar Phase – I turning), Yamuna Vihar Flyover, Plans for making Delhi University Campus decongested to make it safe, secure, compact, closing of one road cut in front of Gurudwara Sis Ganj in Chandni Chowk, encroachment at Gulabi Bagh Mandir, etc. were taken up by the Hon’ble Court. Subsequently, Central Board as a follow up action wrote a letter, dated 3.10.2002 to the Deputy Commissioner of Police (Traffic) raising the issue of flyover at Yamuna Vihar and Mayur Vihar turning. Two more issues were raised i.e. (i) flyover is to be constructed over railway track at marginal bund near Ganesh Nagar, near Sharkarpur School (S-1 Block). Second issue i.e. one under pass was already constructed at Partparganj Marg joining Madhuban and Mandawali. However, it has not been commissioned because of infighting among the Delhi Vidyut Board, the Municipal Corporation of Delhi and the Delhi Jal Board. It was also pointed out that number of electric poles, trees and manholes, (water pipelines and sewer lines) of Delhi Jal Board are obstructing free flow of traffic in Patparganj. The trees were to be up-rooted and replanted elsewhere. Electric poles were required to be shifted. The projected manholes of the DJB were to be levelled so that traffic could move smoothly.   

An existing road connecting Kaishav Chowk (Shyam Lal College) to U.P. Irrigation Inspection Banglow, Zafarabad. However, a few unauthorized houses existing in the alignment of the road were not been removed. The capacity of this road could not be utilized until and unless unauthorized houses existing near the alignment of the roads are removed.  

Orders have been passed in certain issues. The matter is still pending before the Hon’ble High Court of Delhi.  

3.         C.W.P. No. 336/2001, Association of Lal Kothi Vs State of Delhi & Ors.  

The grievances of the society and its members in this writ petition was that there is a garbage dump in front of the building namely Lal Kothi, Pataudi House Road, Daryaganj. Due to dumping of the leftovers food, bone pieces and garbage at Dhalao, the air of the area becomes totally polluted and it was very difficult even to breath. During rain, smells spread out in such a way that the persons can not work in the building. Further, it is alleged that not only the area get polluted due to this garbage dump but, the road is also blocked and become slippery and thus the accident occurs very frequently due to skid of two wheelers. It is further alleged that many times the dangerous diseases like Cholera, Gastro – Enteritis had spread in the area. Due to this garbage dump, stray dogs, rats, insects and other stray animals are attracted in large numbers and create problems to the smooth traffic.  

The case came up before the Hon’ble Court on 4.9.2002. The Learned Counsel for the petitioners contended that the gate of dalao might not be opened on the main road, as there is residential area opposite the gate.  Counsel for MCD stated that it was not possible. However, on hearing arguments the Hon’ble High Court directed MCD that handling of garbage should not be dealt in a manner which cause health hazards to the residents. There is no direction to the Central Pollution Control Board.  Accordingly, writ petition was disposed off as dismissed.  

4.         Van Evam Paryavaran Suraksha Sansthan Vs Union of India & Anr., (Writ Petition No. 7388/2000)  

Brick Kiln Matter  

Van Evam Paryavaran Suraksha Sansthan Registered Society filed writ petition against the Union of India and another, in the High Court of Delhi at New Delhi alleging therein that the majority of brick kilns in the country are not conforming to the prescribed norms and causing a damage to the environment, health of the inhabitants living in the vicinity of such kilns and to the crops in the near by area. According to the petitioner there are about 55,000 brick kilns in the country and the majority of the kilns are made of primitive design and are known as moving Bull’s Trench Kiln (BTKs) and firing techniques employed in these BTKs results in high air pollution levels and greater consumption coal. The air pollution caused by these moving Bull’s Trench Kilns affect the health of residents and caused damage to the crops and plants.  

The High level of pollution is caused by these moving BTKs. The Central Pollution Control Board developed standards and stack height regulation for the brick kilns. Under the prescribed norms, the moving BTKs were to be replaced by fix chimney brick kilns. The standards developed by Central Polution Control Board were notified by the Ministry of Environment & Forests vide EPA Notification (G.S.R. No. 176 (E), dated 2nd April, 1996).  

The Punjab State Council for Science and Technology developed a modern design of fixed chimney brick kilns conforming to the emission standards laid down by the Ministry of Environment & Forests. During the demonstration it was shown that the design developed by the Punjab State Council for Science and Technology controlled the air pollution to the large extent. It was demonstrated that SPM levels were found in the range of 187-369 mg/Nm3  which was well below the stipulated norms of 500 mg/Nm3.

The Central Building Research Instituted, Roorkee also developed a modern design of fixed chimney brick kilns conforming to the emission standards laid down by the Ministry of Environment & Forests. It is alleged by the petitioner that the MoEF extended the time limit for change over from existing moving BTKs to the fixed chimney brick kilns till 30.6.1999 vide EP Notification (G.S.R. No.7, dated 22.12.1998). The MoEF again extended the time limit for chane over from existing moving Bull’s Trench Kiln to the fixed chimney brick kilns till 30.6.2000 vide EP Act Notification, dated 5.10.1999. The MoEF again extended the time limit for change over from moving BTKs to fixed chimney brick kilns till 30.6.2001.  

The Petitioner has alleged that inspite of new and modern design of fixed chimney brick kilns, conforming to the emission standards as laid down by the MoEF, being developed by premier research organization, the MoEF in total disregard to the air pollution caused by the moving BTKs and in collusion with the honour of kilns repeatedly extended the time limit from moving BTKs to fixed chimney brick kiln. The ministry of playing havoc with the environment and the health of the citizen of this country.   

The Central Pollution Control Board has filed its counter affidavit stating therein that the moving chimney Bull’s Trench Kilns (BTKs) are based on primitive technology and crude firing practice and cause air pollution and great damage to the crops and orchards and causing health problem to the labourers and inhabitants living nearby. The Central Board has also submitted in its affidavit that the extensive research carried out by the various instituted and organisation to improve the design of brick kilns as to the conform the emission standards laid down by the MoEF.  The consultants were developed designs for small, medium as well as large brick kilns and designs are found environmentally friendly and also control the air pollution and conform to the emission standards set by the Ministry of Environment & Forests.  

The Union of India in its affidavit mentioned the reason for extending the limit for change over from moving chimney kiln to fixed chimney kiln. However, during hearing before the Chief Court, the Counsel for the petitioner submitted that inspite of affidavit filed by Union of India they have extended the time limit and this is a case of perjury. The Hon’ble High Court directed the Union of India to file affidavit justifying the extension of time limit. The Hon’ble High Court also directed the Union of India to file status report by way of affidavit. The case is pending before the Hon’ble High Court at New Delhi.  

11.7    IMPORTANT DECISIONS OF THE SUPREME COURT  

During the year 2002-2003, the following major/important legal matters have been listed before the Hon’ble Supreme Court and orders/directions have been issued by the Hon’ble Court for compliance to the Central Pollution Control Board. Progress in the matter during the period under report is as follows:  

11.7.1 Ganga Pollution Matter  

Writ Petition (Civil) No.3727/1985: M.C.Mehta Vs Union of India & Ors.  

The Writ petition relating to Ganga Pollution, the Central Board has filed an Interlocutory Application (IA) before the Hon’ble Supreme Court seeking directions from the Hon’ble Court in respect of the Municipalities/Nagarpalikas/ Local Bodies in the State of Uttar Pradesh, Bihar and West Bengal to maintain the sewage treatment plant/sewerage system, sewage pumping stations, crematoria, low cost toilets or any other assets or infrastructure created under the Ganga Action Plan (GAP). The Central Board has submitted its reports in pursuance of Hon’ble Supreme Court orders, dated 28.3.2001 and 7.9.2001. In its reports the Central Board identified the polluting sources of different municipalities located in the Ganga basin and submitted before the Hon’ble Court. The Hon’ble Court on 23.9.2002 directed to issue notices to all the 122 Municipals Councils as well as concerned seven State Governments of Uttar Pradesh, Uttranchal, Bihar, Jharkhand, M.P., Rajasthan and West Bengal to explain why they have not erected  the oxidation ponds and identify the land for the purpose. The matter is pending for consideration for the responses of the Municipalities and the concerned State Governments.  

11.7.2 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).   

On the basis of the various monitoring reports of the Central Pollution Control Board on river Yamuna, the Hon’ble Court has observed that the pollution is generated only in the stretch of 22 kms in which river Yamuna passes through Delhi. The Hon’ble Court expressed that such steps may be taken so that by 31.3.2003 the minimum desired water quality (i.e. of Class –C) in the river Yamuna is achieved. The Central Board in pursuance of Hon’ble Court’s various orders/directions continuously monitor the river Yamuna in Delhi at 5 locations in addition the water quality monitoring of 22 drains in Delhi, 3 drains from Ghaziabad and Gautam Budha Nagar (NOIDA), joining Shahadara drain. The Central Pollution Control Board submitted its results through various affidavits.  

The performance monitoring report of 13 sewage treatment plants submitted by Delhi Jal Board, Delhi to the Central Board in November, 2002 indicates that at present, about 3300 MLD of wastewater is generated in Delhi and about 55% of the volume is disposed of untreated. There is wide gap between wastewater generation and actual treatment of wastewater. The monitoring reports of the Central Board are pending for consideration before the Hon’ble Court.  

11.7.3 Pollution By Industries in Delhi

Writ Petition (Civil) No.4677/1985 (M.C.Mehta Vs UOI & Ors.)

In the above matter an Interlocutory Application (IA) No. 1797-1804 has been filed by the eight Industries of Mohan Cooperative Industrial Estate, New Delhi alleging that the Mohan Cooperative Industrial Estate is designed for light and service industries under the Master Plan of Delhi but and industry known as M/s Shri Alloys Industries Ltd. is operating in violation of the directions of the Hon’ble Supreme Court. In its application the applicants further alleged that the said industry is emitting noxious air and coal ash among with the metallic scrap. Due to industrial activities of this industry the roads has been damaged and the roads were blocked by dumping iron roads and factory wastes. The Hon’ble Court after considering the submission of the applicants directed the Central Board to submit the report after inspection. The Central Pollution Control Board submitted its report before the Hon’ble Court on 27.8.2002 with the observation that the said industry is a hot re-rolling mill and there is no sufficient space for storing of raw materials, milling and storage and finished products. The industry utilizes the space on service road adjacent to the industry as a temporary storage. The solid waste such as metallic residue was also temporarily stored on service road. As per Delhi Master Plan (MPD-2001) steel re-rolling mills (small scale) falls under ‘F’ category and the Ministry of Urban Development and Poverty Alleviation (Delhi Division) has allowed ‘F’ category of industry in Mohan Cooperative Industrial Estate. The Hon’ble Court on 16.9.2002 after considering the report of the Central Pollution Control Board dismissed the Interlocutory Applications with the permission to move the concerned authorities.  

11.7.4 Delhi Slaughter House Matter  

Civil Appeal No. 3770-3774 of 1996 with Writ Petition (Civil) No.452 of 1995, Buffalo Traders Welfare Association Vs Union of India & Ors.

 This Civil Appeal has been filed in the year 1996, against the order of the Hon’ble High Court of Delhi in the Civil Writ Petition No. 2961 of 1996 for the modernization of Slaughter House located at Eidgah, Delhi besides other issues. In pursuance of the orders/directions of the Hon’ble Supreme Court, the Municipal Corporation of Delhi has passed a resolution to the effect that the existing slaughter house located in Eidgah to be modernized but no time limit was fixed to carry out modernization. When the Hon’ble Court asked for the period under which the said modernization is be completed, the Additional Solicitor General (ASG) appearing on behalf of the Municipal Corporation of Delhi informed the Court that the modernization work would be completed within a period of two years from the date of order (i.e. from 18.9.2002). The ASG further informed the Court that before finally modernizing the existing slaughter house, several public authorities will have to be approached like DDA for change of land used, Delhi Pollution Control Committee (DPCC) for taking advice and the Central Government for necessary funds as well as taking some expertise from outside the country to implement the project.  

The Hon’ble Court after considering the submission made by the Municipal Corporation of Delhi on 18.9.2002 directed that due to the urgency of the matter, specifically the existing slaughter house causing nuisance to the public, one year time from the date of this order is allowed, by which the modernization should be made. The Hon’ble Court directed that any application from the Municipal Corporation to DDA for change of land use should be disposed of by DDA on priority basis. The DPCC should also render all advice from time to time, as required by the Municipal Corporation in implementing the modernization project and there should not be any delay on that score. So far as funding of the project is concerned, it is the statutory obligation of the Municipal Corporation. The Hon’ble Court observed that if it became impossible to the Corporation to carry out the project without necessary funds, then the Central Government may sympathetically consider for the same. The matter is under the consideration of the Hon’ble Court and be heard after one year.  

11.7.5 Vehicular Pollution In Delhi  

Writ Petition (Civil) No.13029/1985 (M.C.Mehta Vs UOI & Ors.), The further progress in the case during the year is as follows:  

The Hon’ble Supreme Court on 5.4.2002 issued the following directions for compliance:  

1.      The Union of India would give priority to Transport Sector including private vehicles all over India with regard to the allocation of CNG, i.e first the transport sector in Delhi, and in other polluted cities of India.  

2.      Those persons who have placed orders with the bus manufacturers and not taken the delivery of the bus should do so within 2 weeks, failing which their permits would stand automatically cancelled.

3.      Those owners of the diesel buses continued to ply diesel buses beyond 31.1.2002, in contravention of this Court’s orders, the Director of Transport, Delhi would collect from them costs @ Rs.500/- per bus per day increasing to Rs.1000/- per day after  30 days of operation of the diesel buses w.e.f. 6.4.2002.  

4.      The NCT of Delhi should phase out 800 diesel buses per month from 1.5.2002 till all the diesel buses were replaced.  

5.      The Union of India and all Government Authorities including Indraprashta Gas Limited (IGL) should:  

(a)         allocate and make available 16.1 lacs kg per day (2 mmscmd) of CNG in the NCT of Delhi by 30.6.2002 for use by the transport sector;  

(b)         increase the supply of CNG whenever the need arises;  

(c)         prepare a scheme containing a time schedule for supply of CNG to the other polluted cities of India which includes Agra, Lucknow, Jharia, Kanpur, Varanasi, Faridabad, Patna, Jodhpur and Pune; and  

(d)         the Union of India may supply LPG in addition to CNG as an alternate fuel or to supply any other clean non-adulterable  fuel as the Bhure Lal Committee may recommend.  

11.7.6 Pollution In Gomti River  

Writ Petition (Civil) No.327/1990 (Vineet Kumar Mathur Vs UOI & Ors.)

The matter is pending regarding pollution caused by the industries located in the cities of Lukhnow, Sitapur and Lakhimpur Khiri. The Central Pollution Control Board submitted various inspection reports in respect of the status of pollution in the river Gomti. In the same matter the Hon’ble court ordered that it seems that Nagarpalikas and Municipalities are directly discharging the polluted water into the river Gomti without any treatment. It has been suggested that modern low cost technologies have now been available where with least expenses the water could be treated before discharging it into the river. The Hon’ble court directed the Central Pollution Control Board to submit a detailed scheme indicating for adoption of these modern low cost technologies. The Central Board has submitted the details of the modern low cost technologies before the Hon’ble Court. The Hon’ble Court on 16.1.2002, after considering the details submitted by the Central Board on Low Cost Technologies, directed the State of Uttar Pradesh to acquire necessary land in all cities under reference for oxidation ponds within three months. On 16.8.2002, the Hon’ble Court rejected the prayer of the State of U.P. to modify the order, dated 16.1.2002 and directed the State Government to comply with this Court’s order as expeditiously as possible.  

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