High CourtsDivision Bench(2024) 05 DEL CK 4193

Court On Its Own Motion vs Union Of India & Ors.

Delhi High Court · Decided on 29 May 2024

HON’BLE JUDGES
Manmohan, C.J · Manmeet Pritam Singh Arora, J
CASE NUMBER
W.P.(C) 7594/2018 & CM APPL. 30022/2018

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

29 paragraphs · 870 words

MANMOHAN, ACJ: (ORAL)

1.

The Chief Secretary and other high-ranking officials of GNCTD have joined the proceedings through audio video link. The first compliance report dated 23rd May, 2024 in terms of this Court’s order dated 8th April, 2024 has been filed on record.

2.

The Chief Secretary has taken us through the Action Taken Report (‘ATR’) for the month of April, 2024 filed with the status report dated 23rd W.P.(C) 7594/2018 and Anr. Page 2 of 6 May, 2024. He states that the I&FC1 Department has been identified as the ‘one single department’ entrusted with the responsibility, management and operations of the 22 open drains, which are out-falling in river Yamuna vide office order dated 29th April, 2024. He states that with respect to seven action points set out by the Court in its order dated 8th April, 2024, GNCTD has been able to achieve satisfactory progress and these points find mention in the ATR filed as Annexure-R-2. He states that, however, for five other action points directed by this Court, the progress has been slow. He, however, assures that steps will be taken to achieve timely progress in these areas as well before the next date of hearing.

3.

The summary of the satisfactory progress for seven action points and dissatisfactory progress for five action points has been summarized by learned Standing counsel for GNCTD, which reads as under:-

“I. Action points with timeline of April, 2024: 1 action point Completed Identification of one single department/agency - I&FC Department as one single department/agency vide order dated 29.04.2024

I. Action points with timeline of May, 2024: 12 Action points

1. Satisfactory progress – 7 Action points

Sl NoAction PointProgressPara No. of Hon’ble H.C orderS.No. of Monthly ATR submitted as Annexure-R -2
1.Submission of report for the creation of RWH systems / pits in low lying areas – DJB1646 recharge pits constructed, further low lying areas been assessed19(3)17(a)
2.Installation of biogas plant near all the nine authorised dairies-MCDAction Completed. Timelines submitted. 4 Plants2926
catering to 7 diaries will be installed by March 2025 (including one by July 2024). No cattle in Gharoli diary.
3.Mechanism for seamless coordination in place for dredging-DDACompleted. DDA , NMCG and I&FC met for coordination purposes and Action Plan being prepared for dredging of the river.3127(a)
4.Submission of Action Taken Report on increasing existing capacity of STPs from 667 MGD to 964.5 MGD-DJBCompleted. Capacity 667 MGD – 712 MGD Now (Treatment 565 MGD – 610 MGD Now). Timeline for 964.5 MGD : Dec, 20263228(a)
5.Submission of Action Taken Report and an Action Plan on unauthorized polluting industries-MCD12 Joint teams from DPCC, BSES, DJB, etc constituted to carry out survey of illegal industrial units and all such units are sealed as well as electricity and water connections are disconnected on the spot. (140 dyeing units sealed)35(1)31
6.Submission of action taken report for the remaining three major water-logging points-PWDSubmitted. One completed. (Karala Kanjhawala ) One 98% completed/ Timeline 31 May. (Loni Road Golchakkar) One desilting started – cooperation requested from railways (Zakhira Flyover)43(2)34
7.Submission of Action Taken Report for setting up of a robust parameters monitoring system for monitoring of above mentioned data on real-time basis-DPCCSubmitted. Under process of procurement of on-line monitoring systems (OLMS). Public dashboard in process45(3)35(d)

2. Dissatisfactory progress – 5 Action Points

Sl NoAction PointProgressPara No. of Hon’ble H.C orderS.No. of Monthly ATR submitted as Annexure-R-2
1.Submission of report including assessment of quantity of silt in twenty-two (22) drains – IFCD3 drains being assessed by IFCD. 19 drains being handed over to single agency i.e. IFCD by 31st May. Followed by Assessment.14(3)5(a)
2.Geo-tagging and geo-referencing for ground truthing of remaining 1023 water bodies – REV236 completed Fresh deadlines prayed for: 30 June16(1)8
3.Preparation of estimates for rejuvenation of water bodies, after ground truthing – PWD + REV16(2)9
4.Submission of action taken report and action plan on 105 remaining water logging locations reported by Traffic Police in 2022 – PWDShort Term measures at 47 locations, and Long Term Measures at 55 locations completed. Long Term measures are in progress at 49 more locations.43(1)33(a)
5.Submission of action taken report129 locations -short term43(1)33(b)
and an action plan on 200 water logging locations reported by the Delhi Traffic Police in 2023.-PWDmeasures completed. 16 locations - long term measures completed 21 remaining locations – in progress
4.

The Chief Secretary states that an updated status report shall be filed before the next date of hearing and assures this Court that the IDMC2 is consciously taking steps to implement the directions passed by this Court.

5.

During the hearing, the Chief Secretary has been asked to take note of the newspaper reports pertaining to drying up of Lake Bhalaswa and threat of encroachment in the said area. The said issue would stand covered by paragraph 16.1 of this Court’s order dated 8th April, 2024 and IDMC is directed to take appropriate steps to protect and rejuvenate the said water body.

6.

The learned Standing Counsel for GNCTD is directed to ensure that the Action Taken Report for the months of May as well as June, 2024 is filed three days prior to the next date of hearing.

7.

List on 22nd July, 2024.

Footnotes

  1. 1.Irrigation and Flood Control
  2. 2.Integrated Drain Management Cell