(Madan B. Lokur and Deepak Gupta, JJ.)
M.C. Mehta _______________________________________ Petitioner
v.
Union of India & Ors. _____________________________ Respondent(s)
Writ Petition(s) (Civil) No(s). 4677/1985, decided on July 11, 2018
(In Re.: Sealing Issue)
(1) IA Nos. 2069-2069A (Applns. For Directions) (2) IA No. 2180 (Appln. For Directions) (3) IA Nos. 2181-2182 (Applns. For Quashment of Ordinance Dt. 15.9.2007 and Impleadment) (4) IA No. 2256 (Appln. For Directions) (5) IA No. 2331 (Appln. For Challenging the Notifications Dt. 16.6.2008 and 12.8.2008) (6) IA No. 2441 (Appln. For Directions) (9) Report of Status of Ground Water With W.P.(C) No. 144/2009 (PIL-W) W.P.(C) No. 212/2008 (PIL-W) W.P.(C) No. 266/2006 (PIL-W) W.P.(C) No. 263/2006 (PIL-W) W.P.(C) No. 229/2008 (PIL-W) W.P.(C) No. 264/2006 (PIL-W) SLP(C) No. 10599/2007 (XIV) W.P.(C) No. 450/2006 (PIL-W) W.P.(C) No. 464/2006 (PIL-W) W.P.(C) No. 470/2006 (PIL-W) S.L.P.(C)…CC No. 14752-14753/2012 (XIV) W.P.(C) No. 569/2006 (PIL-W) W.P.(C) No. 563/2006 (PIL-W) W.P.(C) No. 610/2006 (PIL-W)
The Order of the court was delivered by
Order
Status of Ground Water
1. On 8th of May, 2018, we had noted the conclusion of the report prepared by the Central Ground Water Board in May, 2018. Among other things, the Report indicates that there is over-exploitation of ground water in large parts of Delhi and a major part of Delhi is over-exploited and falling in semi-critical category. In such areas, the water levels are showing persistent declining trend during the last two decades.
2. We had required the Secretary in the Ministry of Water Resources, Government of Delhi and the Delhi Government as well as the Delhi Pollution Control Committee to inform us about the possible solutions.
3. The Ministry of Water Resources has filed an affidavit which reads more like an essay containing nothing but platitudes. There are hardly any concrete and possible suggestions mentioned in the affidavit.
4. The Delhi Government, not surprisingly, does not appear to be bothered about the problems of Delhi and, therefore, has not filed any affidavit.
5. Similarly, the Delhi Pollution Control Committee also seems to have no concern about the problems of Delhi and, therefore, has filed no affidavit.
6. Our attention has also been drawn to a recent Report of the Niti Aayog on “Composite Water Management Index”, June 2018, in which it is stated, inter alia:
“In fact, by 2020, 21 major cities, including Delhi, Bangalore, and Hyderabad, are expected to reach zero groundwater levels, affecting access for 100 million people”.
7. Obviously, the situation is critical and not merely semi-critical.
8. The concerned Ministry should file an affidavit indicating what it proposes to do, if anything at all. The affidavit be filed within four weeks.
9. List the matters on 14th August, 2018.
Writ Petition(s)(Civil) No(s).4677/1985
M.C. Mehta _______________________________________ Petitioner
v.
Union of India & Ors ____________________________ Respondent(s)
(In RE.: SEALING ISSUE)
(7) IA NO. 43487/2018 (APPLN. FOR DIRECTIONS ON B/O GOVT. OF NCT OF DELHI)
(10) REPORT NO. 119 SUBMITTED BY MONITORING COMMITTEE
(11) REPORT NOS. 120 AND 121 SUBMITTED BY MONITORING COMMITTEE
(12) REPORT NOS. 122, 123 AND 124 SUBMITTED BY MONITORING COMMITTEE
Date: 11-07-2018 These matters were called on for hearing today.
(Before Madan B. Lokur and Deepak Gupta, JJ.)
Mr. Ranjit Kumar, Sr. Advocate (A.C.)(NP)
Mr. A.D.N. Rao, Advocate (A.C.)
Ms. Anitha Shenoy, Advocate (A.C.)
Mr. Rishi Raj Sharma, Adv.
Ms. Srishti Agnihotri, Adv.
Mr. Sudipto Sircar, Adv.
Ms. Remya Raj, Adv.
Ms. Rashmi Nandakumar, Adv.
For Petitioner(s) Petitioner-In-Person
For Respondent(S) Mr. A.N.S. Nadkarni, ASG
Mr. S. Wasim A. Qadri, Adv.
Mr. R. Balasubramanian, Adv.
Mr. Sachin Sharma, Adv.
Mr. Pranay Ranjan, Adv.
Mr. D.L. Chidanand, Adv.
Mr. Ritesh Kumar, Adv.
Mr. Amit Sharma, Adv.
Mr. Raj Bahadur, Adv.
Mr. B.V. Balram Das, Advocate
Mr. G.S. Makker, Adv.
Mr. Shailender Saini, Adv.
DDA Mr. Maninder Singh, ASG
Ms. Garima Prashad, Adv.
Mr. G.S. Oberoi, Adv.
Mr. Prabhas Bajaj, Adv.
CPCB Mr. Vijay Panjwani, Adv.
SDMC Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Advocate
Mr. Ameet Singh, Adv.
Mr. Sayan Ray, Adv.
NDMC Mr. Anil Grover, AAG
Mr. Shivam Kumar, Adv.
Mr. Satish Kumar, Adv.
Mr. D.N. Goburdhun, Adv.
Ms. Pallavi Chopra, Adv.
UPON hearing the counsel the Court made the following
ORDER
Report Nos. 119-124
10. We have gone through the Report Nos. 119-124 of the Monitoring Committee appointed by this Court.
11. The contents of the Reports make for some very sad reading.
12. In report after report, it is mentioned that the authorities are refusing to act and implement the orders of this Court with regard to removal of encroachments and unauthorised constructions.
13. We would like the Deputy Commissioner of South Delhi Municipal Corporation, West Zone and Central Zone to remain present in Court on the next date of hearing. The Chairman of the Special Task Force, i.e., the Vice-Chairman of the DDA should also be present on the next date of hearing.
14. Learned senior counsel appearing on behalf of the South Delhi Municipal Corporation stated in Court that a communication has been received from the Land and Development Officer for not carrying out sealing in respect of Amar Colony. We have taken his statement on record.
15. Response to the Reports may be filed well before the next date of hearing.
16. List Report Nos. 119-124 along with I.A. filed by NCT of Delhi on 18th July, 2018.
Writ Petition(s)(Civil) No(s).4677/1985
M.C. Mehta _______________________________________ Petitioner
v.
Union of India & Ors ____________________________ Respondent(s)
(In RE.: SEALING ISSUE)
(8) IA NO. 45330/2018 (APPLN. FOR STAY ON B/O DELHI DEVELOPMENT AUTHORITY)
Date: 11-07-2018 These matters were called on for hearing today.
(Before Madan B. Lokur and Deepak Gupta, JJ.)
(Before Madan B. Lokur and Deepak Gupta, JJ.)
Mr. Ranjit Kumar, Sr. Advocate (A.C.)(NP)
Mr. A.D.N. Rao, Advocate (A.C.)
Ms. Anitha Shenoy, Advocate (A.C.)
Mr. Rishi Raj Sharma, Adv.
Ms. Srishti Agnihotri, Adv.
Mr. Sudipto Sircar, Adv.
Ms. Remya Raj, Adv.
Ms. Rashmi Nandakumar, Adv.
For Petitioner(s) Petitioner-In-Person
For Respondent(S) Mr. A.N.S. Nadkarni, ASG
Mr. S. Wasim A. Qadri, Adv.
Mr. R. Balasubramanian, Adv.
Mr. Sachin Sharma, Adv.
Mr. Pranay Ranjan, Adv.
Mr. D.L. Chidanand, Adv.
Mr. Ritesh Kumar, Adv.
Mr. Amit Sharma, Adv.
Mr. Raj Bahadur, Adv.
Mr. B.V. Balram Das, Advocate
Mr. G.S. Makker, Adv.
Mr. Shailender Saini, Adv.
DDA Mr. Maninder Singh, ASG
Ms. Garima Prashad, Adv.
Mr. G.S. Oberoi, Adv.
Mr. Prabhas Bajaj, Adv.
CPCB Mr. Vijay Panjwani, Adv.
SDMC Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Advocate
Mr. Ameet Singh, Adv.
Mr. Sayan Ray, Adv.
NDMC Mr. Anil Grover, AAG
Mr. Shivam Kumar, Adv.
Mr. Satish Kumar, Adv.
UPON hearing the counsel the Court made the following
ORDER
17. No orders are required to be passed in this application, which is accordingly disposed of.
Writ Petition(s)(Civil) No(s).4677/1985
M.C. Mehta ______________________________________ Petitioner(s)
v.
Union of India & Ors. _____________________________ Respondent(s)
(In RE.: SEALING ISSUE)
(13) I.A. NOS. 80793 AND 80794 (APPLNS. FOR PERMISSION AND IMPLEADMENT ON B/O MISBA FOODS PVT. LTD.)
Date: 11-07-2018 These matters were called on for hearing today.
(Before Madan B. Lokur and Deepak Gupta, JJ.)
Mr. Ranjit Kumar, Sr. Advocate (A.C.)(NP)
Mr. A.D.N. Rao, Advocate (A.C.)
Ms. Anitha Shenoy, Advocate (A.C.)
Mr. Rishi Raj Sharma, Adv.
Ms. Srishti Agnihotri, Adv.
Mr. Sudipto Sircar, Adv.
Ms. Remya Raj, Adv.
Ms. Rashmi Nandakumar, Adv.
For Petitioner(s) Petitioner-In-Person
For Respondent(S) Mr. A.N.S. Nadkarni, ASG
Mr. S. Wasim A. Qadri, Adv.
Mr. R. Balasubramanian, Adv.
Mr. Sachin Sharma, Adv.
Mr. Pranay Ranjan, Adv.
Mr. D.L. Chidanand, Adv.
Mr. Ritesh Kumar, Adv.
Mr. Amit Sharma, Adv.
Mr. Raj Bahadur, Adv.
Mr. B.V. Balram Das, Advocate
Mr. G.S. Makker, Adv.
Mr. Shailender Saini, Adv.
DDA Mr. Maninder Singh, ASG
Ms. Garima Prashad, Adv.
Mr. G.S. Oberoi, Adv.
Mr. Prabhas Bajaj, Adv.
CPCB Mr. Vijay Panjwani, Adv.
SDMC Mr. Sanjiv Sen, Sr. Adv.
Mr. Praveen Swarup, Advocate
Mr. Ameet Singh, Adv.
Mr. Sayan Ray, Adv.
NDMC Mr. Anil Grover, AAG
Mr. Shivam Kumar, Adv.
Mr. Satish Kumar, Adv.
80793 & 94 Mr. Shekhar Prit Jha, AOR
UPON hearing the counsel the Court made the following
ORDER
18. The applications are dismissed.
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