Holding

The Court accepted the committee’s report, extended the initial time‑frame, and vested the Environment Pollution (Prevention and Control) Authority with monitoring and directive powers, making the identified officials accountable for implementation.

Summary

The petitioners sought judicial intervention under Article 32 for the upgradation of sewerage management systems in the trans‑Yamuna area of Delhi and several sectors of NOIDA. The Supreme Court constituted a five‑member committee chaired by former Cabinet Secretary P.K. Kaul to examine the issues and submit a report. After accepting the committee’s final report, the Court extended the time‑frame for the first nine activities to 31 January 1999 and directed the Environment Pollution (Prevention and Control) Authority, created under Section 3 of the Environment (Protection) Act, to monitor implementation and issue binding directions to the responsible authorities. The Court identified specific officials accountable for each implementing agency and warned that failure to comply would require them to justify non‑implementation before the Court. The order also mandated that copies of the report and the Court’s directions be circulated to all concerned bodies and that further directions may be sought in February 1999.

Issues considered

Whether the Supreme Court can direct the formation of a committee and prescribe its monitoring role for sewerage upgradation under Article 32.
Whether the time‑frames set by the committee for implementation are appropriate and may be modified by the Court.
Whether the Environment Pollution (Prevention and Control) Authority can be vested with powers to issue directions and enforce compliance.
What accountability mechanisms are applicable to the identified authorities for non‑implementation of the action plan.

Legislation cited

Environment (Protection) Act, 1986s. 3

Subjects

sewerage upgradationenvironmental lawArticle 32Environment Pollution (Prevention and Control) Authoritycommittee monitoringimplementation directivespublic healthaccountability

Judgment

SECTOR 14 RESIDENTS WELFARE ASSOCIATION AND ORS. A
11.
STATE OF DELHI AND ORS.

NOVEMBER 16, 1998

[B.N. KIRPAL, S.P. KURDUKAR AND V.N. KHARE, JJ.] B

Environmental Law----Sewerage system-Upgradation of-Constitution
of Committee by Supreme Court-Report submitted by Committee-Action
Plan for the works required to be undertaken suggested by Committee-Time
frame for implementation of Report-Directions by Supreme Court- C
Environment Pollution (Prevention and Control) Authority shall monitor the
implementation of the Committee's Report-Said Authority shall ensure that
works mentioned in the Action Plan are undertaken as per Schedule-
Authority can issue appropriate directions to persons responsible for
implementing different items of work. D
CIVIL ORIGINAL JURISDICTION : Writ Petition (C)·No. ?14 of
1996.

Under Article 32 of the Constitution of India.

A.K. Goyal, Additional Advocate General, A.K. Ganguli (A.C.) and P.P. E
Malhotra, Shiv Sagar Tiwari, Ashok Srivastava, Ms. Sushma Suri, D.S. Mehra,
G.B. Sathe, Ms. Niti Dikshit, Pradeep Misra, Ms. Binu Tamta, Vijay Panjwani,
V.B. Saharya and A.D.N. Rao for the appearing parties.

The following Order of the Court was delivered :
F
In respect of the upgradation of sewerage management systems in the
trans-Yamuna area of Delhi and Sectors 14, 14-A, 15, ISA, 16, 16-A and 17
ofNOIDA 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 G
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. H
695
696 SUPREME COURT REPORTS [1998] SUPP. 2 S.C.R.

A 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
B 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
C 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 Authority Person Accountable

I. Delhi Jal Board (i) Chairman; and
D
(ii) Member Secretary

2 Delhi Flood Control & Chief Secretary,
Irrigation Department Delhi

3. Municipal Corporation Chairman
E
of Delhi

4. Delhi Development Authority Vice-Chairman

5. U.P. Pollution Control Board Chairman

F 6. G.D.A. Vice-Chairman

7. Delhi Pollution Control Board Chairman

8. NOIDA Administration Chairman

G 9. U.P. Jal Nigam Chairman

10. U.P. Industrial Development Chairman
Corporation

11. Min. of Urban Development Chief Secretary,
H Govt.ofNCT of Delhi Delhi.
SECTOR 14RESIDENTSWELFAREASSOCIATIONv. STATE 697

As already noticed, the time frame which has been suggested mentions A
that activities at Sr. Nos. 1-9 of the action plan should be completed before
31st December 1998, the activities at Sr. Nos.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. B

We see no reason to change the time frame except that as far as
activities Nos. I 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 C
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
s~id Bhure Lal Committee which is a statutory committee having powers to
issue directions. We, therefore, direct that copies of this Order as well as of D
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 E
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 ordets or directions as it may deem fit and proper.

It is made clear that if any organisation fails in carrying out the directions F
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 G
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 for further directi.:ms in February, 1999. Spare copies of the
report of the P.K. Kaul Committee shall be filed in the Registry by the Delhi H
698 SUPREME COURT REPORTS [1998] SUPP. 2 S.C.R.

A 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.

T.NA. Petition still pending.

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