ALMITRA H. PATEL AND ANR. v. UNION OF INDIA

Citation: [2000] 1 S.C.R. 841

Court: Supreme Court of India

Bench: B.N. KIRPAL, M.B. SHAH, D.P. MOHAPATRA

Judgment text

ALMITRA H. PATEL AND ANR. v. UNION OF INDIA FEBRUARY 15, 2000 [RN. KIRPAL, M. B. SHAH AND D. P. MOHAPATRA, JJ. ] Constitution of India-Article 32-Writ Petition-Management and handling of solid waste disposal in Delhi-Non compliance of directions issued by the Supreme Court in Dr. B. L. Wadhera's case-Other appropriate directions issued which are in addition to those issued earlier-Environmental pollution. This writ petition was filed to consider the question of solid waste disposal for a cleaner Delhi. Despite orders having been passed in Dr. B. L. Wadltera v. Union of India, [1996) 2 SCC 594, sufficient number of sites for landfills have neither been identified nor handed over to MCD nor have four additional compost plant been constructed. Disposing of the matter by issuing directions, this Court HELD : The following directions are issued in addition and not in derogation of the orders passed by this Court in Dr. B. L. Wadhera's case : [851-D) 1.

The Municipal Corporation of Delhi through the Commissioner, NDMC, through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation Superintendents/Chief Sanitary Inspectors/Sanitary Inspectors/Assistant Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the Delhi Municipal Corporation Act, 1957, New Delhi Municipal Council Act, 1994 and the Cantonments Act, 1924 relating to sanitation and public health prohibiting accumulation of any rubbish, filth, garbage or other polluted obnoxious matters in any premises and/or prohibiting any person from deposition the same in any street or public place shall be scrupulously complied. [851-E-F] 2. The streets, public premises such as parks etc. shall be surface cleaned on daily basis, including on Sundays and public holidays. [851-G] 3.

The MCD, NDMC and other statutory authorities through competent officers, as maybe designated by them, (but not lower than in the rank of Sanitary Superintendent or equivalent post) to levy and recover charges and costs from any person littering or violating provisions of the diverse Acts, bye-laws and Regulations rdating to sanitation and health for violating the directions being issued herein. For this purpose the Commissioner, MCD, Chairman, NDMC and other concerned heads ofsanitary authorities will prepare and publish for the information of public at large scale of such charges/costs as may be levied and recovered in respect of the diverse acts of commission/omission. The charges/costs will be recovered on the spot by such designated officers from any person found littering or throwing rubbish and causing nuisance so as to affect sanitation and public health.

The Commissioner, MCD and Chairman, NDMC and other authorities may frame and publish such schemes as may be necessary to ensure compliance of these directions forthwith. Tiii the scheme is framed and published, the authorities named above would recover Rs. 50 as charges and costs from any person littering or violating provisions of the Municipal Corporation Act, Bye-laws and Regulations relating to sanitation and health. This part be published and implement at the earlier through concerned Sanitary Inspectors. [851-H; 852-A-E] 4. The MCD through the Commissioner, NDMC through its Chairman and other sanitary authorities through their respective heads to ensure proper and scientific disposal of wastes in a manner so as to , subserve the common good. In this connection they shall comply with the suggestions and directions contained in the report prepared by the Asim Burmon Committee. [852-F] p 5.

Sites for land fills will be identified bearing in mind the requirement of Delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by the t:nion of Indian through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD and Chairman, NDMC and other heads of statutory authorities like the DDA etc. These sites will be identified keeping in mind the environmental considerations and in identifying the same Central Pollution Control Board's advice will be taken into consideration. The sites so identified shall be handed over to the MCD and/or NDMC within two weeks of the identification, free from all encumbrances and without MCD or NDMC having to make any payment in respect thereof. [852-G-H; 853-A] ALMITRAH. PATELv U. O. L 843 6.

Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner of MCD, Chairman NDMC and other statutory authorities like DDA and Railways to take appropriate steps for preventing any fresh encroachment or unauthorised occupation of public land for the purpose of dwelling resulting in creation of a slum. Further appropriate steps be taken to improve the sanitation in the existing slums till they are removed and the land reclaimed. (853-C] 7. Union of India through Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD, Chairman, NDMC and other statutory authorities like DDA etc. to identify and make available from today sites for setting np compost plants. Initially considering the extent of solid waste, which is required ti! be treated by compost plants, the number of sites which should be made available will be eight.

Such sites should be handed over to the MCD/NDMC free of cost and free from all encumbrances within two weeks of identification. MCD and NDMC shall thereupon take appropriate steps to have the compost plants/processing plants established or caused to be established and to be in operation by 30th September, 2000. (853-D-F] 8. The MCD, NDMC and other statutory authorities concerned with sanitation and public health to regularly publish the names of concerned Superintendents of Sanitation and such equivalent officers who are responsible for cleaning Delhi, who can be approached for any complaint/ grievance by the citizens of Delhi together with their latest office and residential telephone numbers and addresses. (853-G-H] 9.

The Government of National Capital Territory of Delhi to appoint Magistrates under Section 20 and/or Magistrates under Section 21 of the Code of Criminal Procedure for each Board/Circle/Ward for ensuring compliance of the provisions of the MCD and NDMC Acts and to try the offences specified therefor in relation to littering and causing nuisance, sanitation and public health. These appointments shall be made within a period of six weeks from today in conformity with this order. (854-A-B] 10. All the concerned authorities will file compliance reports of these directions within eight weeks from today. The Central Pollution Control Board will also file within the same time an allidavit indicating as to what extent the directions issued have been complied with. The violation of the 844 SCPREMF COl:RT REPORTS [2000] l S. C. R. directions issued by this Court shall be viewed seriously. [854-C-D] Dr. B. L. Wadhera v. Union of India, (1996] 2 SCC 594, relied on. CIVIL ORIGI'.

'l"AL Jt:RISDICTIO:>. : Writ Petition (C) No. 888 of 1996. Under Article 32 of the Constitutinn of India. Altaf Ahmed, Dr. AM. Singhvi, M. S. Usgaonkar, Additional Solicitor Generals, Dushyant Dave, R. Mohan, T. C.. Roy, Bhimrao N. Naik, P. N. Misra, Arun Jaitley, A. Raghvir, P. P. :Vtalhotra, Joseph Vellapally, N. N. Goswami, Anil B. Diwan, (M~. Jayshr'-'e Anand, Sushi! Kumar Jain) Additional Advocates Generals, Ms. Ruby S. Ahuja, R. N. Karanjawala, Gourab Banerjt_e, Siddarth D im Burmon to look into all aspects of urban solid waste managemcnt and in particular to the following four areas : "1. Examine the existing practices and to suggest hygienic processing and waste disposal practices and proven technologies on the basis of economic feasibility and safety which the Corporations/Govc:mment may directly or indirectly adopt or sponsor. 2.

Examine and suggest ways to improve condition in the formal and informal sector for promoting eco-friendly sorting, collection, transportation, disposal, n:cycling and reuse. 3. To revit::w Municipal bye-laws and the powers of local bodies and n:gional planning authorities and suggest necessary modifications to ensure effoctivc budgeting, financing, administration, monitoring and compliance. 4. Examine and formulate standards and regulations for management of urban solid waste, and set time frame within which the authorities shall be bound to implement the same. " After a preliminary and then the final report of the said Committee was received, notices were issued to all the States who were required to file their responses to the report of the Committee. None of the States really opposed the recommendations made by the Committee and it is noticed that fine responses of the States were in fact positive.

Keeping the aforesaid report in mind, Managcmc:nt of Municipal Solid Waste (Management and Handling) Rules 1999 were notified by the Central Government which, as the heading itself suggests, deals with the question as to how the solid waste in the cities is to be managed and handled. In this Court's order dated 15th October, 1999 it was indicated that we proposed to take up the question of cleaning of four metropolitan cities, namely, Mumbai, Chennai, Calcutta and Ddhi as also the city of Bangalore. We have first heard counsel appearing on behalf of the National Al MITRA H. PATEL v. U. O. l. [KIRPAL, J. ] 847 Capital Territory of Delhi in connection with the management and handling of the sold waste. It was in this connection that our attention was drawn to the 14 directions issued by this Court in Dr. B. L. Wadhera's case (supra). It . is indeed unfortunate that till today the said directions have not been complied with.

When this was put to the learned counsel appearing for Ddhi as to why the said directions were not complied with, there was, in effect, no satisfactory answer. For example, sites for landfill have not been idmtified and handed over to the MCD nor have four additional compost plants been constructed though specific direction in this regard was issued in Dr. B. L. Wadhera's case. The Court also approved of the experimental scheme placed before it by the MCD where-under certain Localities had been selected for distribution of polythene bags and collcc- > tion of garbage from door to door but no effective progress appears to have been made in this regard. These are but a few examples which show non-compliancc of thc directions issued. We are not oblivious of the fact that in a large city like Delhi where the floating populat10n which comes in every day is not very small, keeping the city clear is indeed a daunting task.

Just because the work involved is difficult cannot be a reason for lack of initiative or inaction on the part of the authorities concerned. We are informed that one of the local authorities, namely, MCD itself employ about forty thousand safai karamcharis. This is in addition to > the staff employed by other local bodies, namely the NDMC and the Cantonment Board. Likt: all government and municipal employees these karamcharis an: expected to work for the stipulated period of time, namdy, eight hours a day. It was submitted by Mr. Dushyant Dave, learnedAmicus Curiae that the insanitary conditions of different areas of Delhi does not in any way show that requisite effort has been put in or the required time spent in the cleaning operations which are supposed to be carried out by this large workforce. These employees are more invisible than visible. ·There appears to be a complete lack of accountability, at all levels of the Corporation, in this behalf.

Kt:eping Delhi clean is not an easy task but then it is not an impossibk one either. What is required is initiative, selfless zeal and dedication and professional pride, dements which are sadly Lacking here. Surat had for time immemorial been known to be one of the dirtiest 848 SVPREMFCOl'. RTREPORTS [2000) 1 S. C. R. cities in the country. Tht: plague there in L995 was the result of the filth which had accumulated therein. Nevuthckss the effort of cme man, namely, the Municipal Commi~sioner, who worked in the fidd and in the office with dedication resulted in not only aadicating the plague and cleaning up Surat but gave the city of Suat the distinction of being the second most clean city in the whole of lnjia. The people of Surat who threw garbage all around wae so affoct~d by the tirekss effort of one person that they themselves have now become zealous guardians of their new found clean city of Surat.

This shows what one man as a head of the organisation, like Municipal Corporation, with selfless zeal, initiative and dedication and without allowing any outside interforence can achieve by motivating his employees to clean up the city while acting fairly, justly and efficiently within the four corners of the law. In Delhi, which is the capital of the country and which should be its show piece, no effecfoe initiative of any kind has been taken by the numerous gowrnmental agencies operating here in clearing up the city. As a result thereof the Court had in D1: 8. L. Wadhera's case, per force, to step in because of the non-performance or non-impkmcntation of the law by the municipal authorities. The law, inter alia, makes it obligatory on them to discharge th.. :ir municipal functions and at least prevent filth and garbage from lying strewn at different public places causing hazard to public health.

The local authorities are constituted for providing servict:s tu the citizens - not merely to proVIde employment to a few of its inhabitants. Tolerating filth, while not taking action against the lethargic and im:fficient workforce for fear of annoying them, is un-understandable and imperrnis~ible. Non-accountability has possibly let to lack to effort on the part of the employees concernt:d. They are perhaps sanguine in their belief that non-performanci. : is not frowned upon by the Government or by the heads of the organisiitions and no harm will befall them. Domestic garbage and sewage is a large contributor of solid waste. The drainage system in a city is intended to cope and deal with household effluent. This is so in a planned city. But when a large number of inhabitants live in unauthorised colonies, with no proper means of dealing with the domestic effluents, or in slums with no care for hygiene the problem hecomes more complex.

Establishment or creating of slums, it seems, appears to be good ALMITRAH. PATELv. l~. u. r. [KIRPAL,J. ] 849 business and is well organist:d. Thi: numbt:r of slums has multiplit:d in the last few yi:ars by geometrical proportrnn. Large areas of public land, in this way, an: usurped for private use fn:e of cost. It is difficult to belii::ve that this can happen in the capital of the country without passive or active connivance of the land owning agencies and/or the municipal authorities. The promise of free land, at the taxpayers' cost, in place of a jhuggi, is proposal which attracts more land grabbers. Rewarding an encroacht:r on public land with fn;e alternate site is like giving a n:ward to a pickpocket. The dt:partment of slum clearance docs not seem to have cleared any slum despite it's being in existence for decad1:s. In fact more and more slums arc coming into existence. Instead of 'Slum Clearance' there is 'Slum Creation' in Ddhi.

This in turn gives rise tu domestic wa~te being strewn on open land in and around the slums. This can best be controlled at kast, in the first instance, by pn:venting the growth of slums. The authorities must realise that there L\ limit to which the population of a city c uhc l.! ifficulties in rtgard to the management of solid waste. The Court, in fact, is 111 equipped to do >O. Without doubt the Government agencies including the local authorities have all the powers of the State to take action and ensure that the city remains clean. They have only to wake up and act. The Court should, however, direct that the local authorities, Government and all statutory authorities must discharge their statutory duties and obligations in keeping the city at last reasonably clean. We propose to do so now by issuing appropriate directions. Before we pass the necessary orders some difficulties are stated to have been encountered in imph:menting some of the directions in Dr. B. L.

Wadhera's case (supra) which need to be dealt with. One of the difficulties pointed out before us was that even though the MCD and the ~DMC Acts permit action being taken, inter a/ia, against persons who :itter the city, sufficii;;nt number of judicial magistrates are not available for ensuring proper enforcemrnt of the provisions of the said Acts. But the shortage of judicial magistrates can be easily overcome by the Government appointing suitable persons ilS Executi\'e Magistrates under Section 20 or Sptcial Executive Magistrate under S1:ction 21 of the Code of Criminal Procedure who can b.. : empuwcrtd tu di:al with such minor offences under the provisions uf the MCD and NDMC Act. There are large numbt:r of retired guvt:rnment olfo:ials and i:x-defenct: officers who have hdd responsible posts and art living in Delhi who, we an: sure, will bt: willing to act as such Magistrates.

Ddhi is divided into a number of Municipal wards and for every ward one or more Executive Magistrate or Special Executive Magistrate can easily be appointed. This will also take some burden of the Courts. i The counsel for the MCD has submitted that despite orders having been passed in Dr. B. L. Wadhera's case (supra) sufficient number of sites for landfills have neither been identifitd nor handi;;d mu to it. One of the reasons for the sites not being made available, it was stated, was that land owning agencies like the DDA or the Government of :--lational Capital Territory of Delhi are demanding market value of tht: land of more than rupees forty lacs per acre before the land can be transferred to MCD. Keeping Delhi clean is a governmental function. Then: are more than one agencies that administer Delhi, namdy, LInion of India through Ministry of Urban Developmtnt, (iuvernment of ~atiunal Capital Territory of Delhi, Commissior1. :r of MCD, Chairman. '.

';OMC, Canhmment B0ard and the DOA. It is thi:: duty of all concerned tu ;ee that landfill :. iks are provided in the int.. :rest of public health, Providing of landfill sites i5 not a commercial venture, which 1s being undertaken by the MCD. It is as much the duty of the MCD as that of other authorities enumerat. :d above to see that sufficient sitt:s for landfills to mt:t:l tht: requirnmi;;nt of Ddhi for next twenty years are provided. Not prmiding th. : same bi;;cause the MCD is unable to pay an 1:;xorbitant amount is un.. understandable. Landfill site has to be provided and it is wholly immaterial which Governmt:ntal agency or the local authority has to pay the price for it. As for ni;;arly four years since the direction was issued in Dr. B. L. Wadhera's case (supra) this problem has not been solved. It has now become necessary for this Court to issui;; appropriate directions in this behalf, which we shall presently do. ALMITRAH. PATEL v. U. 0. 1. [KIRPAL,J.

] 851 One of the important directions issued in Dr. B. L. Wadhera's case was regarding the construction of compost plants. In addition to the compost plant at 0 khla, which was expected to be in operation by 1st June, 1996, four additional compost plants were to be constructed, as recommended by Jagmohan Committee. This has not happened and t:Ven land for sufficient number of compost plants has not been identified or handed over. It has, therefore, become necessary to issue time-bound directions in this behalf. Uptill now no action has been taken against people who spread litter. Discipline amongst pc:ople in this behalf has to be inculcated and the guilty punished. Appropriate orders in this behalf are proposed to be issued including the appointment of Magistrates under Section 20 and/or Section 21 of the Code of Criminal Procedure, inter alia, to deal with such cases. CONCLUSIONS : In addition to and not in derogation of the ordtrs passed by this Court in Dr. B. L.

Wadhera's case (supra), we order as follows : 1. We direct the Municipal Corporation of Delhi through the Commissioner, NDMC through its Chairman and the Cantonment Board through its Executive Officer and all other concerned officials including Sanitation Superintendents/Chid Sanitary Inspectors/Sanitary Inspectors/Assistant Sanitary Inspectors/Sanitary Guides/Medical Officers to ensure that the relevant provisions of the MCD Act, 1957, New Ddhi Municipal Council Act. 1'194 and the C'autonmcnto Act, 1924 relating to ~anitation and public health prohibiting accumulation of any rubbish, filth, garbage or other polluted obnoxious matters in any pn:mises and/or prohibiting any person from depositing the same in any street or public place shall be scrupulously complied. ' 2. We direct that the street, public premises such as parks etc. shall be surface cleaned on daily basis, including on Sundays and public holidays. 3.

We direct and authorised the MCD, NDMC and other statutory authorities through competent officers, as may be designated by them, (but not lower than in the rank of 852 Sl'PREME COl'RT REPORTS (2000] 1S. C. R. Sanitary Superintendent or equivalent post) to levy and recover charges and costs from any person littt:ring or violating provisions of the diverse Acts, bye-laws and Rt:gulations relating to sanitation and health for violating the diri:ctions bt:ing issued herein. Fur this purpose the Commissiont:r, MCD, Chairman, NDMC and other concerned heads of >anitary authorities will prepare and publish for the information of public al large t1e scale of rnch d1arges! costs as may be levied and recowrcd in respect of the diver~t: acts of commission/omission. The charges/costs will be recoverable on the spot by such designated officers from any person found littering or throwing rubbish and causing nuisance so as to affect sanitation and public health.

The Commissiont:cr, MCD and Chairman, NDMC and other authorities may frame and publish such schemes as may be ntcessary tu ensure compliance of these directions forthwith. Till the scheme is framed and published, the authorities named above would n:cover Rs. 50 as charges and costs from any person littering or violating provisions of the Murucipal Corporation Act, Bye-laws and Regulations relating to sanitation and health. This part be published and impkmented at the earliest through concerned Sanitary Inspectors. 4. We direct the MCD through the Commissioner, '. 'lDMC through its Chai. rman and other statutory authorities through their respective heads to ensure proper and sch:ntific disposal of wask in a manner so as lo subscrvt: the common good. ln this cofilleci. ion the} shall t:ndcoavuur tu comply with the suggestions and directions contained in the report prepared by the Asirn Burmon Committte. 5. We direct that sites for land tills will bt: identifit.

:d bearing in 4 mind the requirement of Delhi for the next twenty years within a period of four weeks from today by the exercise jointly conducted by Union of India through the Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD and Chairman, NDMC and other heads of statutory authorities like the DOA etc. These sites will be identified keeping in mind the environ- ALMITRAH. PATbLv. U. 0. 1. [KIRPAL,J. J 853 mental considerations and in identifying the same Central Pollution Control Board's advice will be taken into consideration. The sites so identified shall be handed over to the MCD and/or NDMC within two weeks of the identification, free from all encumbrances and without MCD or the NDMC having to make any payment in respect thereof. 6.

We din:ct Union of India through the Ministry of Crban Development, Government of National Capital Territory of Delhi, Commissioner of MCD, Chairman NDMC and other statutory authorities like ODA and Railways to take appropriate steps for pn:venting any fresh encroachment or unauthorised occupation of public land for the purpose of dwelling resulting in creation of a slum. Further appropriate steps be taken to improve the sanitation in the existing slums till they are removed and the land reclaimed. 7. We further direct Union of India through Ministry of Urban Development, Government of National Capital Territory of Delhi, Commissioner, MCD, Chairman, NDMC and other statutory authorities like ODA etc. to identify and make available to the MCD and NDMC within four weeks from today sites for setting up compost plants. initially considering the extent of solid waste, which is required to be treated by compost plants, the number of sites which should be made available will be eight.

Such sites shall be handed over to the MCD/NDMC free of cost and free from all encumbrances within two weeks of id. :ntification. MCD and NDMC shall then:upon takt: appropriate steps to have the compost plants/processing plants established or caused to be established and to be in operation by 30th September, 2000. 8. We direct the MCD, NDMC and other statutory authorities concerned with sanitation and public health to regularly publish the names of concerned Superintendents of Sanitation ~ and such equivalent officers who are responsible for clearing Delhi who can be approached for any complaint/grievance by the citizens of Delhi together with their latest office and residential telephone numbers and addresses. 9.

We direct the Government of National Capital Territory of Delhi to appoint Magistrates under Section 20 and/or Section 21 of the Code of Criminal Procedure for each Board/Circle;Ward for c:nsuring compliance of the provisions of the MCD and NDMC Acts and to try the offences spc:cified thc:refor in relation to littering and causing nuisance, sanitation and public health. Tht:se appointments shall be made within a pc:riod six wct:h from today in conformity with the reasons containt:d in this order. 10. A! l the concerni;d authoritit:s will file complianct: reports of thest: directions within eight weeks from today. Tht: Ct:ntral Pollution Control Board will also file within the same time an affidavit indicating as to what extent the din:ctions issued have been complied with. It is needless to say that the violation of the dirt:ctions issued by this Court shall be viewed seriously. R. A. Petition is still pending