KULDIP SINGH - (1.) HISTORIC city of Delhi - the Capital of India - is one of the most polluted cities in the world. The authorities, responsible for pollution control and environment protection, have not been able to provide clean and healthy environment to the residents of Delhi. The ambient air is so much polluted that it is difficult to breathe. More and more Delhi-ites are suffering from respiratory-diseases and throat-infections. River Yamuna - the main source of drinking-water supply - is the free dumping-place for untreated sewage and industrial waste. Apart from Air and Water pollution, the city is virtually an open dust-bin. Garbage strewn all over Delhi is a common sight. The Municipal Corporation of Delhi (the MCD) constituted under the Delhi Municipal Corporation Act, 1957 (Delhi Act) and the New Delhi Municipal Council Act, 1994 (New Delhi Act) are wholly remiss in the discharge of their duties under law. It is no doubt correct that rapid industrial development, urbanisation and regular flow of persons from rural to urban areas have made major contribution towards environmental degradation but at the same time the Authorities - entrusted with the work of pollution control - cannot be permitted to sit back with folded hands on the pretext that they have no financial or other means to control pollution and protect the environment. Apart from Article 21 of the Constitution of India, which guarantees right to life. Articles 48A and 51A (g) of the Constitution are as under :- "48A. Protection and improvement of environment and safeguarding of forests and wild life. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 51 A(g) - To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures".
(2.) IN this petition under Article 32 of the Constitution of INdia, the petitioner - an advocate of this Court - has sought directions to the MCD and the NDMC to perform their statutory duties in particular the collection, removal and disposal of garbage and other waste. This Court on 16/12/1994 passed the following order in the writ petition :- "We direct the Municipal Corporation of Delhi, Delhi Administration and Delhi Development Authority to place on record the list of all garbage dumping places and city garbage collection centres within six weeks from today. It shall also be stated as to what steps are being taken by these Authorities to keep these places clean and tidy. These Authorities shall also consider the possibility of making it mandatory that the garbage etc. should be dumped at these places in plastic/jute bags to be supplied by the Corporation as subsidised rates". Mr. H. K. Handa, Executive Engineer MCD filed a short affidavit dated 30/01/1995 indicating that three statutory bodies functioning within their respective territories in the Union Territory of Delhi, covering following areas JUDGEMENT_594_2_1996Html1.htm
(3.) AT present about 4000 metric tons (MT) of garbage is collected daily by the MCD. The disposal of the garbage is done mainly by 'Land Fill Method'. It is stated in the affidavit that at present the total number of garbage collection centres are 1804 (337 dhalaos, 1284 dustbins, 176 open sites and 7 steel bins). The garbage collection trucks collect the garbage from the collection centres and take it to the nearest Sanitary Land Fill (SLF) 19 Hospitals, 156 Dispensaries, 160 Maternity and Child Welfare Centres, 5 Primary Health Centres, and 14 clinics are functioning under the control of MCD. Except RBTB hospital, no other hospital etc. has installed incinerator to burn the hospital waste. It is highlighted in the affidavit that about 45 Per Cent of the total population of Delhi is living in slums, unauthorised colonies and clusters. There are about 4,80,000 Jhuggies in Delhi. According to a rough estimate about 6 persons stay in each Jhuggi. They throw their garbage on the road on nearby dustbins. Mr. S.C. Kumar, Executive Engineer has filed further affidavit dated 13/07/1995 on behalf of the MCD. The collection and disposal of the garbage is done by the 'Solid Waste Department' of the MCD. The situation staff employed for this purpose has been indicated in the affidavit as under :- "Municipal Corporation of Delhi has divided the entire area under its jurisdiction into 12 zones. The Solid Waste Department is headed by Sanitary Suptd. (SS) in every zone, who inter alia, is responsible for overall sanitation within his zone. On the supervisory level the SS is assisted by Chief Secretary Inspector (CSI), Sanitary Inspector (SI), Asstt. Sanitary Inspector (ASI) and Sanitary Guide (SG). For containing the solid waste in Dhalaos and cleanliness safai karamcharis (SK) are deployed on each dhalao and dustbin. The list of existing dustbins and dhalaos is already on the records of this Hon'ble Court filed with additional affidavit. The total number of sanitation staff of solid waste management is as follows :- JUDGEMENT_594_2_1996Html2.htm ;