S.P. Kurdukar, V.N. Khare. Vs. State of Delhi & Ors  INSC 541 (16 November 1998)
O R D
respect of the upgradation of sewerage management systems in the trans-Yammuna
area of Delhi and Section 14, 14-A, 15, 15A, 16,
16-A and 17 of NOIDA 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 detail and to submit a report.
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.
of the said report were given to the learned counsel for the parties and no
objection to the same has been received.
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 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.
the action plan suggested by the Committee, the authorities who are responsible
for the implementation thereof have been mentioned. The persons who can be held
accountable in respect thereof are as under :
of the AuthorityPerson Accountable
1. Delhi Jal Board
2. Delhi Flood Control &Chief Secretary,
Municipal CorporationChairman of Delhi
4. Delhi Development AuthorityVice-Chairman
Delhi Pollution Control Board Chairman
NOIDA Administration Chairman
Urban DevelopmentChief Secretary, Govt.of NCT of DelhiDelhi.
already noticed, the time frame which has been suggested mentions that
activities at Sr. Nos 1-9 of the action plan should be completed before 31st
December 1998, the activities at Sr.No.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.
no reason to change the time frame except that as far as activities Nos. 1 to 9
are concerned, we extend the time for completing the same by 31st January, 1999.
Central Government had under section 3 of the Environment 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 said Bhure Lal
Committee which is statutory committee having powers to issue directions. We,
therefore, direct that copies of this Order as well as of the interim and final
report of the P.K.
Committee be forwarded within a week to Shri Bhure Lal with a direction that
the said Committee will ensure that various works mentioned in the action plan
are undertaken as per schedule. The Committee will have full authority to issue
appropriate directions to the various organisations who have been mentioned as
being responsible for implementing different items of works as per the action
plan. The Bhure Lal Committee will also examine the recommendations contained
in paragraphs 5.1, 8.6 and 8.7 and other relevant paragraphs of the said report
and issue such orders or directions as it may deem fit and proper.
made clear that if any organisation fails in carrying out the directions so
issued the persons mentioned as being accountable will have to satisfy this
Court as to why appropriate action should not be taken for non-implementation
of the directions issued. If for any reason any of these authorities are not in
a position to implement or carry out any of the directions so issued, liberty
is granted to approach this Court in this behalf.
to any orders which may be passed by this Court the directions given by Bhure Lal
Committee shall be final and binding on all. Copies of the reports and this
order be also sent to the aforesaid organisations.
come up of further frictions in February, 1999.
copies of the report of the P.K. Kaul Committee shall be filed in the Registry
by the Delhi. Administration within one week and
the Registry shall forward the copies of the report of P.K. Kaul committee and
this order to the respective organisations within one week thereafter.