SECTOR 14 RESIDENTS WELFARE ASSOCIATION AND ORS. versus STATE OF DELHI AND ORS.

Citation: [1998] SUPP. 2 S.C.R. 695 · Decided: 16-11-1998 · Supreme Court of India · Bench: B.N. KIRPAL, S.P. KURDUKAR, V.N. KHARE · Disposal: Directions issued
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

SECTOR 14 RESIDENTS WELFARE ASSOCIATION AND ORS. 
A 
11. 
STATE OF DELHI AND ORS. 
NOVEMBER 16, 1998 
[B.N. KIRPAL, S.P. KURDUKAR AND V.N. KHARE, JJ.] 
B 
Environmental Law----Sewerage system-Upgradation of-Constitution 
of Committee by Supreme Court-Report submitted by Committee-Action 
Plan for the works required to be undertaken suggested by Committee-Time 
frame for implementation of Report-Directions by Supreme Court- C 
Environment Pollution (Prevention and Control) Authority shall monitor the 
implementation of the Committee's Report-Said Authority shall ensure that 
works mentioned in the Action Plan are undertaken as per Schedule-
Authority can issue appropriate directions to persons responsible for 
implementing different items of work. 
D 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C)·No. ?14 of 
1996. 
Under Article 32 of the Constitution of India. 
A.K. Goyal, Additional Advocate General, A.K. Ganguli (A.C.) and P.P. E 
Malhotra, Shiv Sagar Tiwari, Ashok Srivastava, Ms. Sushma Suri, D.S. Mehra, 
G.B. Sathe, Ms. Niti Dikshit, Pradeep Misra, Ms. Binu Tamta, Vijay Panjwani, 
V.B. Saharya and A.D.N. Rao for the appearing parties. 
The following Order of the Court was delivered : 
F 
In respect of the upgradation of sewerage management systems in the 
trans-Yamuna area of Delhi and Sectors 14, 14-A, 15, ISA, 16, 16-A and 17 
ofNOIDA this writ petition was filed in this Court. By Order dated 6 January, 
1998 this Court constituted a Committee of five persons headed by Shri P.K. 
Kaul, former Cabinet Secretary as its Chairman to examine all the issues in G 
detail and to submit a report. 
The Committee submitted its interim report on 5th March, 1998. In 
October 1998 the said Committee has submitted its final report relating to 
status and options for upgradation of the sewerage management systems in 
the aforesaid areas. 
695 
H 
696 
SUPREME COURT REPORTS [1998] SUPP. 2 S.C.R. 
A 
Copies of the said report were given to the learned counsel for the 
parties and no objection to the same has been received. 
We have gone through the report and, in our opinion, it merits 
acceptance. Apart from indicating the status of the system as of today, the 
said report at pages 40-44 gives the action plan for the works which are 
B required to be undertaken and the organisations responsible for undertaking 
each work. At page 44 the Committee has drawn up a time frame with regard 
to the various activities mentioned in the action plan. 
As per the action plan suggested by the Committee, the authorities who 
C are responsible for the implementation thereof have been mentioned. The 
persons who can be held accountable in respect thereof are as under : 
Name of the Authority 
Person Accountable 
I. Delhi Jal Board 
(i) Chairman; and 
D 
(ii) Member Secretary 
2 
Delhi Flood Control & 
Chief Secretary, 
Irrigation Department 
Delhi 
E 3. 
Municipal Corporation 
Chairman 
of Delhi 
4. 
Delhi Development Authority 
Vice-Chairman 
5. 
U.P. Pollution Control Board 
Chairman 
F 6. 
G.D.A. 
Vice-Chairman 
7. 
Delhi Pollution Control Board 
Chairman 
8. NOIDA Administration 
Chairman 
G 9. 
U.P. Jal Nigam 
Chairman 
10. U.P. Industrial Development 
Chairman 
Corporation 
11. Min. of Urban Development 
Chief Secretary, 
H 
Govt.ofNCT of Delhi 
Delhi. 
• 
SECTOR 14RESIDENTSWELFAREASSOCIATIONv. STATE 
697 
As already noticed, the time frame which has been suggested mentions A 
that activities at Sr. Nos. 1-9 of the action plan should be completed before 
31st December 1998, the activities at Sr. Nos.10-22 are to be completed before 
31st March, 1999, the activities at Sr. Nos. 23 & 24 are to be completed before 
30th September, 1999 and activities at Sr. Nos. 25 to 34 are to be completed 
before 31st March, 2000. 
B 
We see no reason to change the time frame except that as far as 
activities Nos. I to 9 are concerned, we extend the time for completing the 
same by 31st January, 1999. 
The Central Government had under section 3 of the Environment C 
Protection Act constituted an Environment Pollution (Prevention and Control) 
Authority under the Chairmanship of Shri Bhure Lal. It will be appropriate that 
the monitoring of the implementation of P.K. Kaul Committee's report in the 
manner indicated in the action plan of the said report is undertaken by the 
s~id Bhure Lal Committee which is a statutory committee having powers to 
issue directions. We, therefore, direct that copies of this Order as well as of D 
the interim and final repo
Excerpt shown. Read the full judgment & AI analysis in Lexace.