LexALMITRA H. PATEL AND ANR. versus UNION OF INDIA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
ALMITRA H. PATEL AND ANR. v. UNION OF INDIA FEBRUARY 15, 2000 [RN. KIRPAL, M.B. SHAH AND D.P. MOHAPATRA, JJ.] Constitution of India-Article 32-Writ Petition-Management and handling of solid waste disposal in Delhi-Non compliance of directions is- sued by the Supreme Court in Dr. B.L. Wadhera's case-Other appropriate directions issued which are in addition to those issued earlier-Environmental pollution. A B c This writ petition was filed to consider the question of solid waste disposal for a cleaner Delhi. Despite orders having been passed in Dr. B.L. Wadltera v. Union of India, [1996) 2 SCC 594, sufficient number of sites for landfills have neither been identified nor handed over to MCD nor have D four additional compost plant been constructed. Disposing of the matter by issuing directions, this Court HELD : The following directions are issued in addition and not in E derogation of the orders passed by this Court in Dr. B.L. Wadhera's case : [851-D) 1. The Municipal Corporation of Delhi through the Commissioner, NDMC, through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation F Superintendents/Chief Sanitary Inspectors/Sanitary Inspectors/Assistant Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the Delhi Municipal Corporation Act, 1957, New Delhi Municipal Council Act, 1994 and the Cantonments Act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, G filth, garbage or other polluted obnoxious matters in any premises and/or prohibiting any person from deposition the same in any street or public place shall be scrupulously complied. [851-E-F] 2. The streets, public premises such as parks etc. shall be surface cleaned on daily basis, including on Sundays and public holidays. [851-G] H 841 842 SUPREME COURT REPORTS (2000) 1 S.C.R. A 3. The MCD, NDMC and other statutory authorities through com- petent officers, as may be designated by them, (but not lower than in the rank of Sanitary Superintendent or equivalent post) to levy and recover charges and costs from any person littering or violating provisions of the diverse Acts, bye-laws and Regulations rdating to sanitation and health for violat- ing the directions being issued herein. For this purpose the Commissioner, B MCD, Chairman, NDMC and other concerned heads of sanitary authorities will prepare and publish for the information of public at large scale of such charges/costs as may be levied and recovered in respect of the diverse acts of commission/omission. The charges/costs will be recovered on the spot by such designated officers from any person found littering or throwing rub- C bish and causing nuisance so as to affect sanitation and public health. The Commissioner, MCD and Chairman, NDMC and other authorities may frame and publish such schemes as may be necessary to ensure compliance of these directions forthwith. Tiii the scheme is framed and published, the authorities named above would recover Rs. 50 as charges and costs from any person littering or violating provisions of the Municipal Corporation Act, D Bye-laws and Regulations relating to sanitation and health. This part be published and implement at the earlier through concerned Sanitary Inspec- tors. [851-H; 852-A-E] 4. The MCD through the Commissioner, NDMC through its Chair- man and other sanitary authorities through their respective heads to E ensure proper and scientific disposal of wastes in a manner so as to subserve the common good. In this connection they shall comply with the suggestions and directions contained in the report prepared by the Asim Burmon Committee. [852-F] p 5. Sites for land fills will be identified bearing in mind the require- ment of Delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by the t:nion of Indian through the Ministry of Urban Development, Government of National Capital Ter- ritory of Delhi, Commissioner, MCD and Chairman, NDMC and other heads of statutory authorities like the DDA etc. These sites will be iden- G tified keeping in mind the environmental considerations and in identifying the same Central Pollution Control Board's advice will be taken into consideration. The sites so identified shall be handed over to the MCD and/or NDMC within two weeks of the identification, free from all en-
Excerpt shown. Read the full judgment & AI analysis in Lexace.