- (1.) It has been brought to the notice of this Court that despite heavy expenditure, in thousands of crores, having been incurred by the Central Government, Government of the States of Haryana and Uttar Pradesh and the local authorities in the National Capital Territory of Delhi, the pollution of river Yamuna has increased by the day. A report has been filed on behalf of the Central Pollution Control Board wherein it has been reflected in paragraph (2) that the samples collected from river Yamuna show flagrant violation of the prescribed standards. For example, where the maximum permissible limit of BOD is 3 mg/1, there at the Nizammudin Bridge, it is 37 mg/1. Similarly, the total coliform permissible is 5000 MPN/100 ml, there it is 17000000000. The situation at some of the other points, including Kalindi Kunj, Okhla and even Palwal is no different. It is unfortunate that huge public funds have been spent without showing any results in the improvement of water quality of river Yamuna. Learned Counsel appearing for Delhi Jal Board has not been able to inform the Court as to how many CETP and/or STP have been established by the Board and whether they are functional or not as per the requirements.
(2.) This petition has been pending before this Court since 1994 primarily with one object in mind that the maili Yamuna should be converted into wholesome and clean Yamuna and its water in the entire region, i.e. from Hathini Kund in Haryana to Monitoring Station at Taj Mahal, Agra, has to be pollution free. The statistics on record show that this object is much far form being achieved. For this reason and keeping the above object in mind, we are compelled to pass the following directions: 1. The Secretaries, Ministry of Urban Development in consultation with the Ministry of Environment and Forests, Ministry of Irrigation and Power, Chief Secretaries of the State of Haryana and Uttar Pradesh, Vice Chairman of DDA, Commissioners of the respective Corporations and the CEO of the Delhi Jal Board, shall file their personal affidavits after due verification of the required information and inter alia on the following issues: (a) It shall be stated as to what amount and under what head the expenditure has been incurred by the Government of India, the Stale Governments and the local authorities for controlling and preventing the pollution of river Yamuna. The details should clearly stale the project and its stage. (b) How many drains carrying domestic or industrial waste or any other waste in the entire territory [from Hathini Kund (Haryana) to the monitoring station Taj Mahal (Agra)] join river Yamuna; (c) How many out of these drains have CEPT or SPT. If such treatment plants have been installed, what is the intake capacity and whether such plants, as of today, are functional and what is their level of efficiency; (d) We also direct the counsel appearing for Union of India, State Government and local Authorities to suggest the names of the persons who should be included in the Expert Committee to be constituted by this Court to suggest a comprehensive plant for prevention and control of pollution of river Yamuna with greater emphasis upon improving its existing water quality. (e) Vide its various orders this Court had directed certain projects to be completed within the specified time in relation to Yamuna Project as well as Sector 14, Noida. It has been contended that the orders of the Court have been violated. Thus, we direct the concerned authorities to state reasons for non-compliance of the orders of the Court with reference to the stage of the project directed to be completed. The affidavit should clearly state the person or authority responsible for such delays. 2. Let these affidavits be filed within two weeks from today. We make it clear that we shall not grant any further time. In the event the affidavits are not filed within the stipulated time, the Chief Secretaries/Commissioner/Vice Chairman/C.E.O. shall be present in court on 30th October, 2012. If such affidavits are filed, they need not be present but the records of the case would be made available to the Court. 3. We request Amicus Curiae in both the matters to file a short summary of the proceedings that have taken place and if not already filed, the Registry to ensure that they are tagged to the file. Stand over to 30th October, 2012.;