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PETITIONER: VERSUS

       Vs.

RESPONDENT: STATE OF DELHI & ORS.

DATE OF JUDGMENT:       16/11/1998

BENCH: B.N.KIRPAL, S.P. KURDUKAR, V.N. KHARE.

ACT:

HEADNOTE:

JUDGMENT: O R D E R In 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. 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. 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  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 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 AuthorityPerson Accountable 1. Delhi Jal Boardi) Chairman; and ii)Member Secretary 2. Delhi Flood Control &Chief Secretary,    Irrigation DepartmentDelhi 3. Municipal CorporationChairman    of Delhi 4. Delhi Development AuthorityVice-Chairman 5. U.P.Pollution Control BoardChairman 6. G.D.A.Vice-Chairman 7. Delhi Pollution Control Board   Chairman

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8. NOIDA Administration   Chairman 9. U.P.Jal Nigam   Chairman 10.  U.P.IndustrialDevelopment     Chairman      Corporation 11. Min.of Urban DevelopmentChief Secretary,     Govt.of NCT of DelhiDelhi. As  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. We see 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. The 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. Kaul  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. It is 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. Subject 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. To  come  up of further frictions in February, 1999. Spare 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.