DR. B.L. WADEHRA versus UNION OF INDIA AND ORS.

Citation: [1996] 3 S.C.R. 80 · Decided: 01-03-1996 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Disposed off
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Judgment (excerpt)

A 
DR. B.L. WADEHRA 
v. 
UNION OF INDIA AND ORS. 
MARCH 1, 1996 
B 
[KULDIP SINGH AND S. SAGHIR AHMAD, JJ.] 
Constitution of India-Articles 21, 48A & 5J(g)-Writ Petition-Prayer 
for directions to Municipal Corporation of Delhi and New Delhi Municipal 
Council to petfonn their statutory duties-Duty of collection, removal and 
C disposal of garbage and other waste-Statutory right of residents to live in 
clean city-Binding directions issued-MCD and NDMC must keep the city 
clean by deploying all means at their disposal-Statutory obligations. 
Delhi Municipal Corporation Act, 1957-Sections 354, 356, 357, 
465-New Delhi Municipal Council Act, 1994-Sections 11, 12, 53, 261, 263, 
D 264, 267, 37~Statutory duties of MCD and NDMC-Obligation to scavenge 
and clean city of Delhi-Mandatory for these authorities to collect and 
dispose of garbage/waste generated from various sources-Non-availability of 
funds, inadequacy or inefficiency of staff, machinery etc.-No grounds for non 
petfonnance of their statutory duties. 
E 
The petitioner filed the petition under Article 32 of the Constitution 
of India seeking directions to the Municipal Corporation of Delhi and the 
New Delhi Municipal Corporation to perform their statutory duties in 
particular the collection, removal and disposal of garbage and other waste 
considering that Delhi is one of the most polluted cities in the world and 
"' 
F 
the authorities responsible for pollution control and environment protec-
tion are wholly remiss in the discharge of their duties under law. 
Disposing of Writ Petition, this Court 
HELD: 1. The MCD and NDMC are under a statutory obligation to 
G scavenge and clean the city of Delhi. It is mandatory for these authorities 
to collect and dispose of the garbage/waste generated from various sources 
in the city. The MCD and NDMC have been wholly remiss in the perfor· 
mance of their statutory duties. Apart from the right guaranteed under the 
Constitution the residents of Delhi have a statutory right to live in a clean 
H city. The courts are justified in directing the MCD and NDMC to perform 
80 
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• 
B.L WADEHRAv. U.0.1. 
81 
their duties under the law. Non-availability of funds, inadequacy or inef· A 
ficiency of the staff, insufficiency of machinery etc. cannot be pleaded as 
grounds for non-performance of their statutory obligations. [99-B-D) 
2. It is directed that : 
1. The experimental schemes placed before this Court by MCD and B 
NDMC whereunder certain localities have been selected for distribution of 
polythene bags,_ door to door collection of garbage and its disposal are 
approved. The MCD through Commissioner appointed under Section 54 of 
Delhi Act and all other officers of the MCD are directed to have the city of 
Delhi scavenged and cleaned everyday. The garbage/waste shall be lifted C 
from collection centres everyday and transported to the designated place 
for disposal. All receptacles/collection centres shall be kept clean and tidy 
everyday. The garbage/rubbish shall not be found spread around the collec· 
tion centres and on the roads. The same shall apply to NDMC. [100-E-G] 
2. Government of India, Ministry of Health, Government of National· D 
Capital Territory of Delhi, Medical and Public Health, MCD and NDMC 
are directed to construct and instal incinerators in all the Hospital/Nurs· 
ing Homes, with 50 beds and above, under their administrative control. 
This may be done preferably within nine months. [101-A] 
3. The All India Institute of Medical Sciences, New Delhi shall instal E 
sufficient number of incinerators, or an equally efl'ective alternate, to 
dispose of the hospital waste. [101-C] 
4. The MCD and NDMC shall issue notices to all the private hospi-
tals/nursing homes in Delhi to make their own arrangements for the 
disposal of their garbage and hospital waste. They be asked to construct F 
their own incinerators. In case these hospitals are permitted to use 
facilities (for collection, transportation and disposal of garbage) provided 
by the MCD and NDMC then they may be asked to pay suitable charges 
for the service rendered in accordance with law. [101-D] 
5. The Central Pollution Control Board and the Delhi Pollution 
Committee shall regularly send its inspection team in different areas of 
Delhi/New Delhi to ascertain that the collection, transporation and dis-
posal of garbage/waste is carried out satisfactorily. [101-E) 
G 
6. The Government of the National Capital Territory of Delhi shall H 
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