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IN

ITEM NO.11 Court 1 (Video Conferencing) SECTION X

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 8/2021

DELHI JAL BOARD Petitioner(s)

VERSUS

THE STATE OF HARYANA & ORS. Respondent(s)

(FOR ADMISSION and IA No.523/2021-GRANT OF INTERIM RELIEF and IA

No.525/2021-EXEMPTION FROM FILING AFFIDAVIT )

Date : 13-01-2021 This petition was called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.S. BOPANNA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Petitioner(s) Ms. Meenakshi Arora,Sr.Adv.

Mr. Shadan Farasat, AOR
Ms. Aakansha Kaul,Adv.
Mr. Bharat Gupta,Adv.
Mr. Shourya Dasgupta,Adv.
For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

1. The present petition though relates to increased

ammonia levels in Yamuna due to discharge of pollutants, but

it highlights an issue of great significance and consequence

not only for general public but all living beings dependent

upon open surface water.

Signature Not Verified

Digitally signed by
Madhu Bala
Date: 2021.01.13
2. Open surface water resources including rivers are
16:54:10 IST
Reason:

lifeline of human civilization. In olden days, almost all the

human settlements were at the bank of some river as it

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provided for an array of utilities such as potable water,

irrigation, food, livelihood, transportation, etc. Every

civilization including ours, has shown great amount of

gratitude to these life creating resources.

3. Rapid population growth, modern living patterns, wide

spheres of human activities and industrialization have

resulted in greater demand for fresh water. At the same time,

pollution of water resources is increasing steadily.

Deterioration of quality of fresh water has a direct co-

relation with the quality of public health. It is an

acknowledged fact that pollution of water supplies by sewage

effluents has been and still is a major cause of variety of

diseases and discomforts.

4. The effect of water pollution on human health is not

the only adverse factor. Water pollution can seriously harm

the aquatic life in water bodies. It has become necessary, to

compare the costs of prevention and control of water

pollution against its effects on human health including

treatment, indirect economic costs and damage to flora and

fauna.

5. Article 21 of the Constitution of India, provides for

right to life and also right to live with human dignity. The

right to clean environment and further, pollution free water

has been protected under the broad rubric of the right to

life guaranteed under Article 21.

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6. This Court in Narmada Bachao Andolan v. Union of

India, (2000) 10 SCC 664 observed:

“Water is the basic need for the survival

of human beings and is part of the right to
life and human rights as enshrined in
Article 21 of the Constitution of India and
can be served only by providing source of
water where there is none. The resolution
of UNO in 1977 to which India is a
signatory, during the United Nations Water
Conference resolved unanimously inter alia
as under:
‘All people, whatever their stage of
development and their social and economic
conditions, have the right to have access
to drinking water in quantum and of a
quality equal to their basic needs.’”

7. Further, Articles 47 and 48-A of the Constitution

impose upon state a duty to improve the public health of

citizens and protect the environment respectively. The

Constitution under Part IV-A also casts a duty on every

citizen of India to protect and improve the natural

environment including forests, lakes, rivers and wildlife. It

is manifestly clear that pollution free water forms the basic

right under the Constitutional framework and a welfare state

is bound to ensure the same.

8. Over the years, there have been many legislative and

executive actions to ensure this basic right of pollution

free water. Most importantly, the Water (Prevention and

Control of Pollution) Act, 1974 was enacted with an objective

to provide for the prevention and control of water pollution

and maintaining or restoring of wholesomeness of water. The

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Act prohibits use of any stream or well for disposal of

polluted matter.

9. This Court also, in catena of cases, has held that it

is the duty of the State to ensure access to clean drinking

water which is included in right to life. Many directions

have been passed to enforce the law protecting the surface

water and stoppage of discharge of pollutants into water.

10. One of the major causes of water pollution is discharge

of non-treated/partially treated municipal waste including

sewage effluent of cities into rivers. In and around cities,

surface water resources such as rivers, ponds and lakes where

effluents are discharged from local bodies are highly

polluted. Such discharge of human sewage and other pollutants

results into deterioration in chemical, physical and

biological properties of water. All these processes lead to

degradation of natural environment.

11. Article 243W of the Constitution vests Municipalities

and local authorities with the performance of functions and

implementation of schemes as may be entrusted to them

including those in relation to the matters listed in Twelfth

Schedule. Item 6 of the Twelfth Schedule includes the subject

"public health, sanitation conservancy and solid waste

management". This duty has been emphasised in the case of

Paryavaran Suraksha Samiti v. Union of India, (2017) 5 SCC

326 where it was held:

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“Given the responsibility vested in

municipalities under Article 243-W of the
Constitution, as also, in Item 6 of
Schedule XII, wherein the aforesaid
obligation, pointedly extends to “public
health, sanitation conservancy and solid
waste management”, we are of the view that
the onus to operate the existing common
effluent treatment plants, rests on
municipalities (and/or local bodies). Given
the aforesaid responsibility, the
municipalities (and/or local bodies)
concerned, cannot be permitted to shy away
from discharging this onerous duty. In case
there are further financial constraints,
the remedy lies in Articles 243-X and 243-Y
of the Constitution.”

12. In the aforesaid case, it was directed that the

norms for generating funds, for setting up and/or operating

the “Common Effluent Treatment Plant” as well as “Sewage

Treatment Plants” shall be finalised, on or before

31.03.2017, so as to be implemented from the next financial

year of that date. It was directed that for the purpose of

setting up these plants, the state government will prioritize

such cities, towns and villages, which discharge industrial

pollutants and sewer directly in rivers and water bodies.

13. The mandate of law is clear as far as setting up of

Sewage Treatment Plants and stoppage of sewage effluents in

surface water are concerned, but it is often found as

highlighted by this petition that either the sewage is not

treated through a plant before being discharged or the

treatment plants are not functional or incapacitated.

14. We find that in addition to the issue raised by present

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petition, it will be appropriate to take suo moto cognizance

with regard to the issue of contamination of rivers by sewage

effluents and ensure that the mandate is implemented by

municipalities as far as discharge of sewage into rivers is

concerned.

15. We direct registration of suo moto writ petition

(civil) with regard to “Remediation of polluted rivers”.

16. We deem it appropriate at this stage to start with the

issue of contamination of river Yamuna.

17. Let notice be issued to State of Uttarakhand, Himachal

Pradesh, Haryana, Delhi and Uttar Pradesh. Notice shall also

be issued to Secretary, Ministry of Environment, Forest and

Climate Change and Secretary, Ministry of Housing and Urban

Affairs, Government of India and Central Board of Pollution

Control in addition.

18. We direct the CPCB to submit a report identifying

municipalities along the river Yamuna, which have not

installed total treatment plants for sewage as per the

requirement or have gaps in ensuring that the sewage is not

discharged untreated into the river. CPCB may also highlight

any other source of prominent contamination within the limits

of Municipalities. It shall also submit priority-wise list of

Municipalities, river stretches adjacent to which have been

found to be most polluted.

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19. We appoint Ms. Meenakshi Arora, Senior Advocate as

amicus curiae to assist the Court in the Suo Moto petition.

20. Further, it is clarified that the suo moto petition and

directions issued herein, shall not in any way dilute any

other directions issued by other Court or Tribunal.

21. So far as present petition is concerned, notice be

issued to the respondents and be tagged along with suo moto

writ petition.

22. List these matters on Tuesday i.e. 19th January, 2021.

(MADHU BALA) (INDU KUMARI POKHRIYAL)

AR-CUM-PS ASSISTANT REGISTRAR