B.L. Wadehra v. Union of India (1996): Supreme Court Judgment, Full Text

PETITIONER:
DR.B.L.WADEHRA
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 01/03/1996
BENCH:
KULDIP SINGH (J)
AHMAD SAGHIR S. (J)
CITATION:
1996 SCC (2) 594 JT 1996 (3) 38
1996 SCALE (2)514

ACT

HEADNOTE

JUDGMENT

JUDGMENT Kuldip Singh

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 strewnall 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 (the NDMC) constituted under the New Delhi Municipal Council Act, 1994 (New Delhi Act) are wholly re-miss in the discharge of their duties under law. It is no doubt correct that rapid industrial development, urbanization 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:-.lsl

"48A. Protection and improvement of

environment and safeguarding of

forests and wild life.-The State

shall endeavor to protect and

improve the environment and to

safeguard the forests and wild life

of the country.

51(g)-to protect and improve the

natural environment including

forests, lakes, rivers and wild

life, and to have compassion for

living creatures."

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 December 16, 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 centers 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 at subsidized

rates."

Mr. H.K. Handa, Executive Engineer MCD filed a short affidavit dated January 30, 1995 indicating that three statutory bodies function within their respective territories in the Union Territory of Delhi, covering following areas :-

"(1) Municipal Corporation of Delhi

- 1399.26 Sq.Km.

(2) New Delhi Municipal Committee

- 42.40 Sq.Km.

(3) Delhi Cantonment Board

- 42.80 Sq.Km.

----------------

1484.46 Sq.Km."

----------------

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 centers are 1804 (337 dhalaos, 1284 dustbins, 176 open sites and 7 steel bins). The garbage collection trucks collect the garbage from the collection centers and take it to the nearest Sanitary Land Fill (SLF) 19 Hospitals, 156 Dispensaries, 160 Maternity and Child Welfare Centers, 5 Primary Health Centers, 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% 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 or nearby dustbins.

Mr. S.C. Kumar, Executive Engineer has filed further affidavit dated July 13, 1995 on behalf of the MCD. The collection and disposal of the garbage is done by the ’Solid Waste Department’ of the MCD. The sanitation 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

over all sanitation within his

zone. On the supervisory level the

SS is assisted by Chief Sanitary

Inspector (CSI), Sanitary

Inspector(SI), Asstt. Sanitary

Inspector (ASI) and Sanitary Guide

(SG).

For containing the solid waste

in Dhalaos and cleanliness safai

karamchari s (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 :

1. Sanitary Superintendent : 21 Nos

2. Chief Sanitary Inspector: 30 Nos

3. Sanitary Inspector :212 Nos

4. Asstt.Sanitary Inspector:556 Nos

5. Sanitary Guide :603 Nos

6. Safai Karamchari s :38311 Nos" Regarding construction of additional dhalaos it is stated as under :-

"The zonewise list of 1252 Nos.

(approx) new dhalaos to be

constructed and 708 nos. existing

dustbins/dhalaos to be

repaired/renovated is attached at

Annexure ’A’

The completion of work will,

however, depend upon the

availability of funds by Central

Govt. & Delhi Govt. in anticipation

of receipt of additional funds

short notice tenders in most of the

zones have been floated. A request

for releasing funds to the tune of

Rs.75.76 crores has already been

sent to Principal Secy. (UD) by

Commissioner, MCD vide letter no.

486 dt. 5.6.95. This estimate will

also require revision in view of

the drawing prepared by the Chief

Architect, MCD for proposed

construction of dhalaos."

Mr. Kumar has further stated in his affidavit that composting is one of the solution for disposal of garbage and getting soil conditioner through the process. According to him the MCD compost plant at okhla had to be closed few years back since its running was not financially viable. There is a proposal to revive the same. The Jagmohan Committee has recommended for installation of 4 additional compost plants in Delhi. Regarding privatization, it is stated as under:-

"As an effort to explore the

alternative method, privatization

of sanitation work is also being

considered to be adopted on trial

basis. However final decision in

this regard is yet to be taken."

It is stated in the affidavit that orders for purchase of 200 trucks have been placed with M/s. Ordnance Factory Jabalpur. Tenders for purchase of 35 suction machines, 50 front-end-loaders have been received and are under process. It is stated that 11 more bulldozers are required. It is further stated that 4 compactors of different capacities, 4 Nos. of poclain on chain/tyre and some more tipper trucks are required.

Medical Officer of Health has filed affidavit dated May 12, 1995 on behalf of NDMC. Regarding "door to door garbage collection" the affidavit indicates as under :-

"NDMC has introduced a scheme of

door to door collection of garbage

on experimental basis in few

colonies. Under this scheme,

introduced on Ist may, 1994, NDMC

is supplying 25 polythene garbage

bags of 19" X 25" capable of

holding about 10-12 kg. per month

at the subsidized price of Rs.15/-

per house per month in the

following areas.

1. North Avenue

2. South Avenue

3. D-I and D-II flats, Vinay Marg

4. C-I and C-II flats, Tilak Marg

5. Delhi Administration flats.

Bhagwan Das Road

6. Pandara Road and Pandara Park

7. Ravinder Nagar and Bharti Nagar

The said garbage bags are

connected on daily basis by our

staff deployed and then deposited

in the nearby dust-bins for the

purpose for further transporting

them by our staff to the dumping

ground maintained by Municipal

Corporation of Delhi. It is stated

that not more than 40% of the

residents under the scheme avails

the benefit of the scheme It is

specifically stated that NDMC does

not have any dumping ground within

its jurisdiction."

It is stated in the affidavit that average of 300-350 tons of garbage is generated everyday in the NDMC area. For the purpose of collection and disposal of garbage the area is divided into 13 parts (circles). There are 49 Jhuggi - Jhompri clusters having 12500 jhuggies in the NDMC area. There are 944 garbage collecting places (550 Trollies and 394 dustbins). The task is undertaken by a fleet of 1423 permanent Safai Karamcharies, 600 Muster roll workers and 149 part time Safai Karamcharies.

This Court on September 15, 1995 passed the following order :-

"We have heard the petitioner and

the learned counsel assisting us.

Mr. Tusharia, Deputy Director,

Municipal Corporation of Delhi is

personally present in Court. He has

also assisted us. Mr.H.K.Handa and

Mr.S.C.Kumar, Executive Engineers,

Municipal Corporation of Delhi have

filed an affidavit in these

proceedings. According to the

affidavit, Municipal Corporation of

Delhi has divided the area under

its charge into 12 zones for the

purposes of collection of garbage.

It is further stated that there are

1804 garbage collection points in

the said area. The garbage

collection points consist of

dhalaos, open sights and steelbins.

Similarly, the area under the

control of NDMC has been divided

into 13 zones where there are 944

collection Points 394 arr masonry

dustbins and 500 are trolies. It

cannot be disputed that the

collection and disposal of garbage

in the city of Delhi is causing

serious problem. Statutory

authorities like MCD and NDMC have

been created to control this

problem. It is not for this Court

to keep on monitoring these

problems. The officers who arc

manning these institutions must

realize their responsibilities and

show the end result. Keeping that

in view, we issue the following

directions :

(1) We adjourn the hearing of this

petition to October 12, 1995. On

that day, the petitioner and other

learned counsel shall assist this

Court regarding the statutory

duties and functions of various

authorities in regard to the

sanitation in the city of Delhi.

(2) During this period, the

officers who are concerned with

this problem shall consider the

various issues arising in this

petition, at their own level and

shall give the following

information to this Court on the

next date of hearing :

(a) final date by which there

officers/authorities shall sort out

the problem of collection and

disposal of the garbage in the city

of Delhi. In that respect, we make

it clear that from the date which

may be given by these authorities.

not a drop of garbage is to be seen

anywhere in the city of Delhi on

early morning each day. The whole

of the work of garbage collection

must be completed over-night and

the city is to be left absolutely

clean for the residents for their

use;

(b) the authorities may, if

they so wish, place before this

Court the difficulties which are

likely to come up in their way.

This Court with the assistance of

authorities concernedshall try to

solve the same.

We make it clear that any

direction finally given by this

Court after hearing the parties

shall be binding and violation of

any part of it shall attract the

provisions of the Contempt of

Courts Act.

Issues notice to the Secretary

(Health), Delhi Administration,

specially for the purposes of

seeking assistance regarding

nursing homes and hospitals under

the control of Delhi

Administration. To be listed on

October 12, 1995."

Pursuant to the above quoted order Commander Mukesh Paul, Medical Officer of Health, NDMC has filed affidavit dated October 10, 1995. It is stated in the affidavit that lack of civic sense, lack of dustbins, absenteeism among the staff, logistic problems, multiplicity of authorities, disposal of house hold garbage by the servants, problems of Jhuggi Jhompri Clusters, floating population and for various other reasons, it is not possible to give the time schedule regarding the cleaning of Delhi as directed by this Court. Various steps taken by the NDMC to improve sanitation/garbage disposal have also been indicated. An additional affidavit filed by Shri Anshu Prakash on behalf of NDNC indicates that the following measures for speedy removal of garbage and for maintenance of effective sanitation have been undertaken:- .1s1

a. Strengthening of Safaikaramchari

workforce.

b Lifting and removal of garbage.

c. Regular inspection by Nodal

Officers.

d. Manning of Dhalaos.

e. Door to door collection and NGO

participation.

Mr. C.P. Gupta filed affidavit dated October 17,1995 on behalf of MCD wherein he stated as under :-

"It is, therefore, submitted that

no specific date for making Delhi

’absolutely garbage free’ every

morning can be given at this stage.

Nevertheless, the endeavors of

M.C.D. would be to achieve the

spirit of the orders passed by this

Hon’ble Court."

Under Secretary, Ministry of Health, Government of India in his affidavit has stated that Safdarjung hospital, Ram Manohar Lohia hospital and Lady Harding Medical college comprising Kalavati hospital and Sucheta Kriplani Hospital are under the control and supervision of the Ministry of Health, Government of India. Safdarjung hospital has installed incinerator with waste disposal capacity of 230 kgs per hour. The said hospital generates about 2000-2500 kgs of waste everyday. It is stated that the incinerator functions in two shifts for 10 hours for 7 days a week. It is not clear from the affidavit whether the incinerator is in working condition or out of order. The affidavit states that three vertical type incinerators have also been installed by the Safdarjung hospital. Incinerators have not been installed in the other hospitals. It is stated that proposal to install incinerators in RML hospital and Lady Harding Medical College is under consideration.

According to the affidavit filed by Mrs. Satbir Silas, Joint Secretary (Medical and Public Health) Government to National Capital Territory of Delhi, there are 13 hospitals which are functioning under the control of the said Government. Lok Nayak Jai Parkash Narain Hospital has no incinerator of its own. It is using the incinerator located in G.B. Pant hospital. There is an incinerator in Guru Teg Bahadur Hospital with capacity of 125 kg per hour. The incinerator is not enough to burn the entire hospital waste. It is stated that second incinerator at the cost of Rs.44 lakhs is likely to be installed. Deen Dayal Upadhyay Hospital has installed an incinerator with capacity of burning 85 kg of waste per hour. It is stated that the incinerator is meeting the need of the hospital. G.B. Pant Hospital has two incinerators with capacity of 60 kg each. There are no incinerators in Civil Hospital, Nehru Memorial Medical College, Guru Nanak Eye Centre, Lal Bahadur Shastri Hospital Rao Tulla Ram Memorial Hospital and Dr. N.C. Joshi Memorial Hospital. The three remaining hospitals, namely, Babu Jagjivan Ram Memorial Hospital, Sanjay Gandhi Memorial hospital and Maulana Azad Medical College have installed incinerators.

Mr. C.B. Gupta has filed further affidavit (second) dated November 6, 1995 on behalf of MCD wherein it is stated that on experimental basis, initially MCD proposes to introduce the scheme of supplying plastic bags to the residents of Janakpuri, Shalimar Bagh, Jangpura Extension, Preet Vihar, Sarita Vihar, Derawal Nagar and Jain Colony. It is stated by the learned counsel appearing for the MCD that the administration is more than willing to take up the challenge of cleaning the city in the right earnest.

The NDMC has also filed a proposed scheme which is in the following terms:

"That the NDMC as per the

directions of this Hon’ble Court

intends to improve sanitation in a

step-wise manner. Step I shall

comprise of sweeping the

roads/streets, collection of

garbage and its storage at

designated and identified places.

Step II shall comprise of lifting

of the garbage and its

transportation to the M.C.D.

dumping site at Gazipur. NDMC is

also utilising part of its garbage

and horticulture waste for

conversion into manure at Compost

at Okhla.

Regarding Step I, as directed

by the Hon’ble Court, the NDMC has

selected for intensive sanitation

the following compact area

consisting of the area around

Parliament/Supreme Court, Central

Vista lawns and Circle No.6

starting from the entire Rajpath

upto National Stadium, C-Hexagan

Road, Sher Shah Road cutting the

mathura Road upto Subramaniam

Bharati Marg upto Southend Road,

Aurangzeb Road, Moti Lal Nehru Marg

including Maulana Azad Road,

Sunehri Masjid. On the other hand,

site from National Stadium to part

of C-Hexagan, Central Vista Lawn

and also two important markets

i.e., Connaught Place and Sarojini

Nagar Located in NDMC area. Besides

the important buildings as

mentioned above, there are 1076

houses in Pandara Road and Pandara

Park including M.S. flats. Ravinder

Nagar has got 124 flats. Bapa Nagar

has got 102 flats. Rest big

bungalows are there. The Circle

No.6 also includes the JJ clusters

at Humayun Road and Darbanga House

and also the Khan Market, Lok Nayak

Bhawan, Pandara Road Market,

Prithvi Raj Market. The following

number of major restaurants/hotels

are existing in this circle:

(i) Five Star Hotel 1

(ii) Three Star Hotel 1

(iii) Restaurants 20

It is proposed to deploy the work

force in night shift also for

effective garbage removal in the

area. Each and every household will

be given polythene bag for garbage

collection and each household will

be expected to place the bags

filled with garbage at designated

collection points. In J.J.

Clusters, the garbage will be

collected at collection points

designated for this purpose, it may

not be feasible give polythene bags

for each jhuggi. Additional

collection points will be made

wherever necessary to suit the

convenience of the public. All the

collection points in the aforesaid

areas will be effectively

supervised by NDMC staff to ensure

that garbage is not littered around

the collection points.

Initially the polythene bags

will be given free of cost to the

residents of aforesaid areas for

one month by NDMC on experimental

basis. Thereafter the supply of

bags at subsidised cost may also be

considered by the NDMC. NDMC has

started door to door collection of

garbage in polythene bags supplied

by NDMC in certain colonies in the

aforesaid areas. It will be

gradually extended to other

colonies also in consultation with

the resident associations. The NDMC

will also make efforts to find out

if any better alternative to the

polythene bags could be provided

for this purpose. Other State

Governments, Ministry of

Environment, etc. will be contacted

in this regard."

It would be useful to mention that the MCD has a very large force of Karamcharies working for it. There are 38311 Safai Karamcharis. The MCD has more than 1400 Sanitary Inspectors and other officials in that category. The total area which the MCD is supposed to keep clean and tidy is 1399.26 Sq.Km. The simple arithmetic shows that there are 27 Safai Karamcharis and one Sanitary Inspector for one Sq.Km. of area. We are of the view that with such a large manpower at its disposal there can be no excuse with the MCD for not controlling the disposal of garbage and keeping the city clean. The NDMC is still in a better position. It has 2172 Safai Karamcharis and the area under its control is 42.40 Sq.Km. which means that it has 50 Karamcharis to wan one Sq.Km. There is no reason whatsoever why with such a huge manpower at their command the MCD and NDMC cannot present a neat and clean Delhi to its residents.

The MCD and NDMC have already started door to door collection of garbage on experimental basis. It is stated that polythene bags are also being distributed in the selected areas. We make it clear that the modalities in our interim orders from time to time have been in the nature of suggestions. We, however, reiterate that the MCD and the NDMC must keep the city clean by deploying all the means at their disposal. We are issuing binding directions in this respect in the operative part of the judgment.

It would be useful at this stage to examine the relevant provisions of the Delhi Act.

"42, Obligatory functions of the

Corporation- [Subject to the

provisions of this Act and any

other law for the time being it

shall be incumbent] on the

Corporation to make adequate

provision by any means or measures

which it may lawfully use or take,

for each of the following matters,

namely:

(a) the construction, maintenance

and cleaning of drains and drainage

works and of public latrines,

urinals and similar conveniences;

disposal of filth, rubbish and

other obnoxious or polluted

matters;

(e) the reclamation of unhealthy

localities, the removal of noxious

vegetation and generally the

abatement of all nuisances;

(o) the lighting, watering and

cleaning of public streets and

other public places;

(t) the laying out or the

maintenance of public parks,

gardens or recreation grounds,

(wa) the preparation of plans for

economic development and social

justice.

43. Discretionary functions of the

Corporation -

(b) the establishment and

maintenance of, and aid, to

libraries, museums, art galleries,

botanical or zoological

collections;

maintenance of, and aid, to stadia,

gymnasia, akharas and places for

sports and games;

(d) the planting and care of trees

on roadsides and elsewhere;

(i) the providing of music or other

entertainments in public places or

places of public resort and the

establishment of theaters and

cinemas;

(1) the construction and

maintenance of

i) rest - houses,

ii) poor-houses,

iii) infirmaries,

iv) children’s homes,

v) houses for the deaf and dumb and

for disabled and handicapped

children,

vi) shelters for destitute and

disabled persons,

vii) asylums for persons of unsound

mind;

(q) the provision for relief to

destitute and disabled persons;

(s) the organization, construction,

maintenance and management of

swimming pools, public wash houses,

bathing places and other

institutions designed for the

improvement of public health;

(z) the provisions of housing

accommodation for the inhabitants

of any area or for any class of

inhabitants; and

(za) any measure not hereinbefore

specifically mentioned, likely to

promote public safety, health,

convenience or general welfare.

59 Functions of the Commissioner-

Save as otherwise provided in this

Act, the entire executive power for

the purpose of carrying out the

provisions of this Act and of any

other Act for the time being in

force which confers, any power or

imposes any duty on the

Corporation, shall vest in the

Commissioner who shall also-

107A. Constitution of Finance

Commission- (1) The Administrator

shall, as soon as may be, within

one year from the commencement of

the Constitution (Seventy-third

Amendment) Act, 1992 and thereafter

at the expiration of every fifth

year constitute a Finance

Commission to review the financial

position of the Corporation and to

make recommendations to the

Administrator as to, -

(a) The principle which should

govern,-

(i) the distribution between

the National Capital Territory of

Delhi and the Corporation of the

net proceeds of the taxes, duties,

tolls and fees leviable by the

National Capital Territory of Delhi

which may be divided between them;

(ii) the determination of the

taxes, duties tolls and fees which

may be assigned to or appropriated

by the Corporation;

(iii) the grants-in-aid to the

Corporation from the consolidated

fund of the National Capital

Territory of Delhi.

108. Constitution of special funds-

(1) The Corporation shall,

constitute such special fund or

funds as may be prescribed by

regulations and such other funds

necessary for the purposes of this

Act as may be so prescribed.

(2) The constitution and disposal

of such funds shall be effected in

the manner laid down by

regulations.

353.Duty of owners and occupiers to

collect and deposit rubbish, etc.

It shall be the duty of the owners

and occupiers of all premises -

(a) to have the premises swept

and cleaned;

(b) to cause all filth,

rubbish and other polluted and

obnoxious matter to be collected

from their respective premises and

to be deposited at such times as

the Commissioner, by public notice

prescribes, in public receptacles,

depots or places provided or

appointed under section 352 for the

temporary deposit or final disposal

thereof;

the type and in the manner

prescribed by the Commissioner for

the collection therein of all

filth, rubbish and other polluted

and obnoxious matter from such

premises and to keep such

receptacles in good condition and

repair.

354. Collection and removal of

filth and polluted matter-It shall

be the duty of the owner and

occupier of every premises situate

in any portion of Delhi in which

there is not a latrine, or urinal

connected by a drain with a

municipal drain, to cause all filth

and polluted and obnoxious matter

accumulation upon such premises to

be collected and removed to the

nearest receptacle or depot

provided for this purpose under

section 352 at such times, in such

vehicle or vessel by such route and

with such precautions as the

Commissioner may by public notice

prescribe.

356.Removal of rubbish, etc.,

accumulated on premises used as

factories, workshops etc. -The

Commissioner may, if he thinks fit,

(a) by written notice require the

owner or occupier of any premises

used for carrying on any

manufacture, trade or business or

used as factory, workshop, trade

premises or market or in any way so

that rubbish, filth and other

polluted and obnoxious matter are

accumulated in large quantities, to

collect all such rubbish, filth and

other polluted and obnoxious matter

accumulating thereon and to remove

the same at such times and in such

carts or receptacles and by such

routes as may be specified in the

notice to a depot or place provided

or appointed under section 352, or

(b) after giving such owner or

occupier notice of his intention,

cause all rubbish, filth and other

polluted and obnoxious matter

accumulated in such premises to be

removed, and charge the said owner

or occupier for such removal such

fee as may, with the sanction of

the Standing Committee, be

specified in the notice issued

under clause (a)

357. Prohibition against

accumulation of rubbish, etc.- No

owner or occupier of any premises

shall keep or allow to be kept for

more than twenty four hours or

otherwise than in receptacle

approved by the Commissioner, any

rubbish, filth and other polluted

and obnoxious matter on such

premises or any place belonging

thereto or neglect to employ proper

means to remove such rubbish, filth

and other polluted and obnoxious

matter from, or to clean, such

receptacle and to dispose of such

rubbish, filth and other polluted

and obnoxious matter in the manner

directed by the Commissioner, or

fail to comply with any requisition

of the Commissioner as to the

construction, repair, payment or

cleaning of any latrine, or urinal

on or belonging to the premises.

465. General penalty- Whoever in

any case in which a penalty is not

expressly provided by this act,

fails to comply with any notice,

order or requisition issued under

any provision thereof, or otherwise

contravenes any of the provision of

this Act shall be punishable with

fine which may extend to one

hundred rupees and in the case of

continuing failure or contravention

with an additional fine which may

extend to twenty rupees for every

day after the first during which he

has persisted in the failure or

contravention.

469. Municipal magistrates- (1) The

Government may appoint one or more

[Metropolitan Magistrates] for the

trial of offences against this act

and against any rule, regulation or

bye-law made thereunder and may

prescribe the time and place at

which such magistrate or

magistrates shall sit for the

despatch of business.

486. Inspection - The Central

Government [or the Government] may

depute any person in the service of

government to inspect or examine

any municipal department or office

or any service or work undertaken

by the Corporation or any of the

Municipal authorities or any

property belong in got the

Corporation and to report thereon

and the Corporation and every

municipal authority and all

municipal officers and other

municipal employees shall be bound

to afford the person so deputed

access at all reasonable times to

the premises and properties of the

Corporation and to all records,

accounts and other documents the

inspection of which he may consider

necessary to enable him to

discharge his duties.

487. Directions by Central

Government - (1) If [whether or

receipt of a report or on receipt

of] any information or report

obtained under section 485 of

section 486 or otherwise, the

Central Government is of opinion -

(a) that any duty imposed on the

Corporation or any municipal

authority by or under this Act has

not been performed or has been

performed in an imperfect,

insufficient or unsuitable manner,

(b) that adequate financial

provision has not been made for the

performance of any such duty, it

may direct the Corporation or the

municipal authority concerned,

within such period as it thinks

fit, to make arrangements to it

satisfaction for the proper

performance of the duty, or as the

case may be, to make financial

provision to its satisfaction for

the performance of the duty and the

Corporation or the municipal

authority concerned shall comply

with such direction.

Provided that, unless in the

opinion of the Central Government

the immediate execution of such

order is necessary, it shall before

making any direction under this

section give the Corporation or the

municipal authority concerned an

opportunity of showing cause why

such direction should not be made

488.Power to provide for

enforcement of direction under

section 487- If, within the period

fixed by a direction made under

sub-section (1) of section 487, any

action the taking of which has been

directed under that sub section has

not been duly taken, the Central

Government may make arrangements

for the taking of such action and

may direct that all expenses

connected therewith shall be

defrayed out of the Municipal

Fund."

Similarly, NDMC is governed by the New Delhi Act. Sections 11, 12, 53, 261, 263, 264, 265, 266, 267 & 375 are some of the provisions of the New Delhi Act which are pari materia to the relevant provisions of the Delhi Act. It is clear from various provisions of the Delhi Act and the New Delhi Act that the MCD and the NDMC are under a statutory obligation to scavenge and clean the city of Delhi. It is mandatory for these authorities to collect and dispose of the garbage/waste generated from various sources in the city. We have no hesitation in observing that the MCD and the NDMC have been wholly remiss in the performance of their statutory duties. Apart from the rights guaranteed under the Constitution the residents of Delhi have a statutory right to live in a clean city. The courts are justified in directing the MCD and NDMC to perform their duties under the law. Non availability of funds, inadequacy or inefficiency of the staff, insufficiency of machinery etc. cannot be pleaded as grounds for non-performance of their statutory obligations .

In Ratlam Municipality vs. Vardhichand AIR 1980 SC 1622, the question before this Court was whether the order of the trial court as upheld by the High Court directing the Ratlam Municipality to draft a plan within six months for the removal of nuisance caused by the open drains and public excretion by the nearby slum dwellers could be sustained. This Court speaking through Krishna Iyer,J. dismissed the appeal of the municipality and held as under:

"Why drive common people to

public interest action? Where

Directive Principles have found

statutory expression in Do’s and

Dont’s the court will not sit idly

by and allow municipal government

to become a statutory mockery. The

law will relentlessly be enforced

and the plea of poor finance will

be poor alibi when people in misery

cry for justice. The dynamics of

the judicial process has a new

’enforcement’ dimension not merely

through some of the provisions of

the Criminal Procedure Code (as

here), but also through activated

tort consciousness. The officers in

charge and even the elected

representatives will have to face

the penalty of the law if what the

Constitution and follow-up

legislation direct them to do are

defied or defied wrongfully. The

wages of violation is punishment,

corporate and personal." Reminding the State Government of its duties under the Constitution of India, Krishna Iyer, J. observed as under:-

"We are sure that the State

Government will make available by

way of loans or grants sufficient

financial aid to the Ratlam

Municipality to enable it to fulfil

its obligations under this order.

The State will realise that Art. 47

makes it a paramount principle of

governance that steps are taken

’for the improvement of public

health as amongst its primary

duties’. The municipality also will

slim its budget on low priority

items and elitist projects to use

the savings on sanitation and

public health. It is not our

intention that the ward which has

woken up to its rights alone need

be afforded these elementary

facilities. We expect all the wards

to be benefited without

litigation."

In the light of the facts and circumstances noticed above and also keeping in view the suggestions made by the learned counsel assisting us in this petition, we issue the following directions:- 1. We approve the experimental schemes placed before this Court by MCD and NDMC whereunder certain localities have been selected for distribution of polythene bags, door to door collection of garbage and its disposal.

We direct the MCD through Commissioner appointed under Section 54 of the Delhi Act and all other officers of the MCD (particularly Mr. Narang and Mr. Tirath Raj. Joint Directors) to have the city of Delhi scavenged and cleaned everyday. The garbage/waste shall be lifted from collection centers every day and transported to the designated place for disposal.

All recepticals/collection centers shall be kept clean and tidy everyday. The garbage/rubbish shall not be found spread around the collection centers and on the roads.

We issue similar directions to the NDMC through S/Shri Baleshwar Rai, Administrator, Lal Chand, Chief Sanitary Inspector, Dr.G.S. Thind, Deputy Medical Officer of Health and Dr. V.N. Reu, Chief Medical Officer. 2. We direct Government of India, through Secretary, Ministry of Health, Government of National Capital Territory of Delhi through Secretary, medical and Public Health, MCD through its Commissioner and NDMC through its Administrator to construct and install incinerators in all the hospitals/nursing homes, with 50 beds and above, under their administrative control. This may be done preferably within nine months. A responsible officer of each of these authorities shall file an affidavit in this Court within two months indicating the progress made in this respect. 3. We direct the All India Institute of Medical Sciences, New Delhi through its Director to install sufficient number of incinerators, or an equally effective alternate, to dispose of the hospital waste. to indicate the progress made in this respect. 4. We direct the MCD and NDMC to issue notices to all the private hospitals/nursing homes in Delhi to make their own arrangements for the disposal of their garbage and hospital waste. They be asked to construct their own incinerators. In case these hospitals are permitted to use facilities (for collection, transportation and disposal of garbage) provided by the MCD and NDMC then they may be asked to pay suitable charges for the service rendered in accordance with law. 5. We direct the Central Pollution Control Board and the Delhi Pollution Committee to regularly send its inspection teams in different areas of Delhi/New Delhi to ascertain that the collection, transportation and disposal of garbage/waste is carried out satisfactorily. The Board and the Committee shall file the reports in this Court by way of an affidavit after every two months for a period of two years. 6. We direct the Government of the National Capital Territory of Delhi to appoint Municipal Magistrates (Metropolitan Magistrates) under Section 469 of the Delhi Act and Section 375 of the New Delhi Act for the trial of offence under these Acts. Residents of Delhi be educated through Doordarshan and by way of announcements in the localities that they shall be liable for penalty in case they violate any provisions of the Act in the matter of collecting and disposal of garbage and other wastes. 7. We direct the Doordarshan through its Director General to undertake a programme of educating the residents of Delhi regarding their civic duties under the Delhi Act and the New Delhi Act. This shall be done by making appropriate announcements, displays on the television. The residents of Delhi shall be educated regarding their duties under Sections 354, 356 and 357 of the Delhi Act and similar duties under the New Delhi Act. They shall also be informed about the penalties which can be imposed under Section 465 of Delhi Act and similar provisions under the New Delhi Act. The MCD and the NDMC shall also have announcements made by way of public address system in various areas in Delhi informing the residents of their duties and obligations under the Delhi Act and the New Delhi Act. 8. The MCD has placed order for the supply of about 200 Tippers with the Ordinance Vehicle Factory, Jabalpur (Government of India) in May, 1995. The Tippers have not as yet been supplied. We direct Secretary, Ministry of Defence Production, Government of India to have the Tippers supplied to the MCD as expeditiously as possible and preferably within three months. The Secretary shall file an affidavit in this Court within six weeks indicating the progress made in this respect. 9. The MCD has indicated that three SLF sites have already been approved by the Technical Committee of the DDA but the same have not been handed over to the MCD by the Development Commissioner, Government of NCT of Delhi. Since Bhatti mines are situated within the ridge area, we do not permit the same to be utilised for the disposal of the solid waste as at present. We, however, direct the Development Commissioner, Government of NCT Delhi to hand over the two sites, near Badarpur on Jaitpur/Tejpur Quiry Pits and Mandi village near Jaunpur Quiry Pits. The sites shall be handed over to the MCD within three months. The Development Commissioner shall file an affidavit in this Court before March 31, 1996 indicating the progress made in this respect. 10. The compost plant at Okhla be revived and put into operation. The MCD shall start operating the plant, if not already operating, with effect from June 1, 1996. The MCD shall also examine the construction of four additional compost plants as recommended by Jag Mohan Committee. The MCD shall file an affidavit in this Court within six weeks indicating the progress made in re-starting the Okhla compost plant and in the construction of four new plants. 11. The MCD shall not use the filled-up SLFs for any other purpose except forestry. There are twelve such sites including Rajiv Gandhi Smriti Van. We direct the MCD to develop forests and gardens on these 12 sites. The work of afforestation shall be undertaken by the MCD with effect from April 1, 1996. An affidavit shall be filed by the end of April indicating the progress made in this respect. 12. The MCD and NDMC shall construct/install additional garbage collection centers in the form of dhalaos/trolley/steelbins within four months. An affidavit in this respect shall be filed by a responsible officer of each of these authorities within two months indicating the progress. 13. We direct the Union of India and NCT Delhi Administration through their respective appropriate Secretaries to consider, the requests from MCD and NDMC for financial assistance, in a just and fair manner. These Governments shall consider the grant of financial assistance to the MCD and NDMC by way of subvention or any other manner to enable these authorities to fulfil their obligations under law as directed by us. 14. After some time it may not be possible to dispose of garbage and solid-waste by ’SLF’ method due to nonavailability of sites. We direct the NCT Delhi Administration through its Chief Secretary and also the MCD and NDMC to join hands and engage an expert body like NEERI to find out alternate method/methods of garbage and solid waste disposal. The NCT Delhi Administration shall file affidavit in this Court within two months indicating progress made in this respect modalities in our interim orders from time to time have been in the nature of suggestions. We, however, reiterate that the MCD and the NDMC must keep the city clean by deploying all the means at their disposal. We are issuing binding directions in this respect in the operative part of the judgment.

It would be useful at this stage to examine the relevant provisions of the Delhi Act.

"42, Obligatory functions of the

Corporation- [Subject to the

provisions of this Act and any

other law for the time being it

shall be incumbent] on the

Corporation to make adequate

provision by any means or measures

which it may lawfully use or take,

for each of the following matters,

namely:

(a) the construction,

maintenance and cleaning of drains

and drainage works and of public

latrines, urinals and similar

conveniences;

and disposal of filth, rubbish and

other obnoxious or polluted

matters;

(e) the reclamation of

unhealthy localities, the removal

of noxious vegetation and generally

the abatement of all nuisances;

(o) the lighting, watering and

cleaning of public streets and

other public places;

(t) the laying out or the

maintenance of public parks,

gardens or recreation grounds,

(wa) the preparation of plans

for economic development and social

justice.

43. Discretionary functions of the

Corporation -

(b) the establishment and

maintenance of, and aid, to

libraries, museums, art galleries,

botanical or zoological

collections;

maintenance of, and aid, to stadia,

gymnasia, akharas and places for

sports and games;

(d) the planting and care of

trees on roadsides and elsewhere;

(i) the providing of music or

other entertainments in public

places or places of public resort

and the establishment of theaters

and cinemas;

(1) the construction and

maintenance of

i) rest - houses,

ii) poor-houses,

iii) infirmaries,

iv) children’s homes,

v) houses for the deaf and dumb and

for disabled and handicapped

children,

vi) shelters for destitute and

disabled persons,

vii) asylums for persons of unsound

mind;

(q) the provision for relief to

destitute and disabled persons;

(s) the organization, construction,

maintenance and management of

swimming pools, public wash houses,

bathing places and other

institutions designed for the

improvement of public health;

(z) the provisions of housing

accommodation for the inhabitants

of any area or for any class of

inhabitants; and

(za) any measure not hereinbefore

specifically mentioned, likely to

promote public safety, health,

convenience or general welfare.

59. Functions of the Commissioner-

Save as otherwise provided in this

Act, the entire executive power for

the purpose of carrying out the

provisions of this Act and of any

other Act for the time being in

force which confers, any power or

imposes any duty on the

Corporation, shall vest in the

Commissioner who shall also-

107A. Constitution of Finance

Commission- (1) The Administrator

shall, as soon as may be, within

one year from the commencement of

the Constitution (Seventy-third

Amendment) Act, 1992 and thereafter

at the expiration of every fifth

year constitute a Finance

Commission to review the financial

position of the Corporation and to

make recommendations to the

Administrator as to, -

(a) The principle which should

govern,-

(i) the distribution between

the National Capital Territory of

Delhi and the Corporation of the

net proceeds of the taxes, duties,

tolls and fees leviable by the

National Capital Territory of Delhi

which may be divided between them;

(ii) the determination of the

taxes, duties tolls and fees which

may be assigned to or appropriated

by the Corporation;

(iii) the grants-in-aid to the

Corporation from the consolidated

fund of the National Capital

Territory of Delhi.

108. Constitution of special funds-

(1) The Corporation shall,

constitute such special fund or

funds as may be prescribed by

regulations and such other funds

necessary for the purposes of this

Act as may be so prescribed.

(2) The constitution and disposal

of such funds shall be effected in

the manner laid down by

regulations.

353.Duty of owners and occupiers to

collect and deposit rubbish, etc.

It shall be the duty of the owners

and occupiers of all premises -

(a) to have the premises swept and

cleaned;

(b) to cause all filth, rubbish and

other polluted and obnoxious matter

to be collected from their

respective premises and to be

deposited at such times as the

Commissioner, by public notice

prescribes, in public receptacles,

depots or places provided or

appointed under section 352 for the

temporary deposit or final disposal

thereof;

type and in the manner prescribed

by the Commissioner for the

collection therein of all filth,

rubbish and other polluted and

obnoxious matter from such premises

and to keep such receptacles in

good condition and repair.

354. Collection and removal of

filth and polluted matter-It shall

be the duty of the owner and

occupier of every premises situate

in any portion of Delhi in which

there is not a latrine, or urinal

connected by a drain with a

municipal drain, to cause all filth

and polluted and obnoxious matter

accumulation upon such premises to

be collected and removed to the

nearest receptacle or depot

provided for this purpose under

section 352 at such times, in such

vehicle or vessel by such route and

with such precautions as the

Commissioner may by public notice

prescribe.

356.Removal of rubbish, etc.,

accumulated on premises used as

factories, workshops etc. -The

Commissioner may, if he thinks fit,

(a) by written notice require the

owner or occupier of any premises

used for carrying on any

manufacture, trade or business or

used as factory, workshop, trade

premises or market or in any way so

that rubbish, filth and other

polluted and obnoxious matter are

accumulated in large quantities, to

collect all such rubbish, filth and

other polluted and obnoxious matter

accumulating thereon and to remove

the same at such times and in such

carts or receptacles and by such

routes as may be specified in the

notice to a depot or place provided

or appointed under section 352, or

(b) after giving such owner or

occupier notice of his intention,

cause all rubbish, filth and other

polluted and obnoxious matter

accumulated in such premises to be

removed, and charge the said owner

or occupier for such removal such

fee as may, with the sanction of

the Standing Committee, be

specified in the notice issued

under clause (a)

357. Prohibition against

accumulation of rubbish, etc.- No

owner or occupier of any premises

shall keep or allow to be kept for

more than twenty four hours or

otherwise than in receptacle

approved by the Commissioner, any

rubbish, filth and other polluted

and obnoxious matter on such

premises or any place belonging

thereto or neglect to employ proper

means to remove such rubbish, filth

and other polluted and obnoxious

matter from, or to clean, such

receptacle and to dispose of such

rubbish, filth and other polluted

and obnoxious matter in the manner

directed by the Commissioner, or

fail to comply with any requisition

of the Commissioner as to the

construction, repair, payment or

cleaning of any latrine, or urinal

on or belonging to the premises.

465. General penalty- Whoever in

any case in which a penalty is not

expressly provided by this act,

fails to comply with any notice,

order or requisition issued under

any provision thereof, or otherwise

contravenes any of the provision of

this Act shall be punishable with

fine which may extend to one

hundred rupees and in the case of

continuing failure or contravention

with an additional fine which may

extend to twenty rupees for every

day after the first during which he

has persisted in the failure or

contravention.

469. Municipal magistrates- (1) The

Government may appoint one or more

[Metropolitan Magistrates] for the

trial of offences against this act

and against any rule, regulation or

bye-law made thereunder and may

prescribe the time and place at

which such magistrate or

magistrates shall sit for the

despatch of business.

486. Inspection - The Central

Government [or the Government] may

depute any person in the service of

government to inspect or examine

any municipal department or office

or any service or work undertaken

by the Corporation or any of the

Municipal authorities or any

property belong in got the

Corporation and to report thereon

and the Corporation and every

municipal authority and all

municipal officers and other

municipal employees shall be bound

to afford the person so deputed

access at all reasonable times to

the premises and properties of the

Corporation and to all records,

accounts and other documents the

inspection of which he may consider

necessary to enable him to

discharge his duties.

487. Directions by Central

Government - (1) If [whether or

receipt of a report or on receipt

of] any information or report

obtained under section 485 of

section 486 or otherwise, the

Central Government is of opinion -

(a) that any duty imposed on the

Corporation or any municipal

authority by or under this Act has

not been performed or has been

performed in an imperfect,

insufficient or unsuitable manner,

(b) that adequate financial

provision has not been made for the

performance of any such duty, it

may direct the Corporation or the

municipal authority concerned,

within such period as it thinks

fit, to make arrangements to it

satisfaction for the proper

performance of the duty, or as the

case may be, to make financial

provision to its satisfaction for

the performance of the duty and the

Corporation or the municipal

authority concerned shall comply

with such direction.

Provided that, unless in the

opinion of the Central Government

the immediate execution of such

order is necessary, it shall before

making any direction under this

section give the Corporation or the

municipal authority concerned an

opportunity of showing cause why

such direction should not be made

488.Power to provide for

enforcement of direction under

section 487- If, within the period

fixed by a direction made under

sub-section (1) of section 487, any

action the taking of which has been

directed under that sub section has

not been duly taken, the Central

Government may make arrangements

for the taking of such action and

may direct that all expenses

connected therewith shall be

defrayed out of the Municipal

Fund."

"Why drive common people to public

interest action? Where Directive

Principles have found statutory

expression in Do’s and Dont’s the

court will not sit idly by and

allow municipal government to

become a statutory mockery. The law

will relentlessly be enforced and

the plea of poor finance will be

poor alibi when people in misery

cry for justice. The dynamics of

the judicial process has a new

’enforcement’ dimension not merely

through some of the provisions of

the Criminal Procedure Code (as

here), but also through activated

tort consciousness. The officers in

charge and even the elected

representatives will have to face

the penalty of the law if what the

Constitution and follow-up

legislation direct them to do are

defied or defied wrongfully. The

wages of violation is punishment,

corporate and personal." Reminding the State Government of its duties under the Constitution of India, Krishna Iyer, J. observed as under:-

"We are sure that the State

Government will make available by

way of loans or grants sufficient

financial aid to the Ratlam

Municipality to enable it to fulfil

its obligations under this order.

The State will realise that Art. 47

makes it a paramount principle of

governance that steps are taken

’for the improvement of public

health as amongst its primary

duties’. The municipality also will

slim its budget on low priority

items and elitist projects to use

the savings on sanitation and

public health. It is not our

intention that the ward which has

woken up to its rights alone need

be afforded these elementary

facilities. We expect all the wards

to be benefited without

litigation."

All recepticals/collection centers shall be kept clean and tidy everyday. The garbage/rubbish shall not be found spread around the collection centers and on the roads.