Hon. Giridhar Malaviya, J.
Hon. K.D. Shahi, J.
When this case was called learned Chief Standing Counsel informed the Court that the posts of the municipal authorities to be filled up by the Govt. shall be filled up by 31.5.1998 i.e. within this month itself. He has also made a statement that four additional police personnels have been deputed to monitor the ghats of river Yamuna at Mathura and Vrindavan as was indicated in the order dated 12.5.1998 passed by this Court. He has also made a statement that an affidavit to the effect mentioned hereinabove shall be filed during the course of the day. In pursuance of the directions contained in our order dated 12.5.1998 learned Senior Standing Counsel for the Union of India has filed an affidavit of Advisor, National River Conservation Directorate Sri K. Mohan who has explained that due to the tour programme of the Director, NRCD already fixed she had to proceed to Japan and the affidavit was being filed with her approval by the Advisor. The affidavit contains the minutes of the Steering Committee of erstwhile Central Ganga Authority now re-constituted as National River Conservation Authority and is Annexure-3 to the said affidavit. The proceedings of nine meetings of the erstwhile Central Ganga Authority now re-constituted as National River Conservation Authority are Annexure-4 to the said affidavit. Copy of this affidavit together with the annexures has been served on Sri A.D. Giri as also on the Chief Standing Counsel. However, copies of this affidavit must be passed on to the Nodal Officer Sri R.D. Paliwal. Accordingly the learned Senior Standing Counsel for the Union of India may hand over one copy more of this affidavit to the learned Chief Standing Counsel so that the learned Chief Standing Counsel gets served one copy each to the Chief Secretary, U.P. Govt. as also to Sri R.D. Paliwal. Sri S.N. Srivastava, learned counsel for the petitioner has made a statement that he would go through this affidavit from the copy which has been furnished to Sri A.D. Giri. This would facilitate the parties to know what are the aspirations and directions of the two committees which are monitoring the plan.
Sri A.D. Giri also informed the Court that he has received a communication from Nodal Officer indicating that the things are proceeding in the proper manner. However he says that unless he is provided with a per(?) chart (schedule of work indicating what are the immediate plans up to Sept. 1998 to be taken by the different authorities relating to Yamuna Action Plan) as also the financial chart to show that the money for this purpose has been released, the Nodal Officer will not be in a position to monitor whether the work is going on as per plans or not. Accordingly Sri U.N. Sharma, Senior Standing Counsel for the Union of India will get both the above mentioned charts made available to Sri R.D. Paliwal, Nodal Officer by registered post within a week from today. It is made clear that since the Nodal Officer has been appointed by the Court to monitor the entire work at Mathura relating to Yamuna Action Plan he has all the powers of the Court not only to inspect but also to issue necessary directions to the authorities concerned indicating that any particular work which was completed, is not being done and should be done as per programme.
The affidavit to indicate that the said charts have been provided should be filed before this Court when this matter is taken up again on 09.07.1998.
Dr. H.N. Tripathi learned counsel for the Pollution Control Board has filed the supplementary affidavit of Sri Ashok Kumar Tewari who has been appointed the Officer Incharge of U.P. Pollution Control Board, Mathura indicating that the office at Mathura has started functioning w.e.f. 15.5.1998. The action taken by the Officer Incharge of Mathura Unit has been specified in the affidavit. However a perusal of the said affidavit also indicates that 10 industries about which the status have already been submitted by the Board in the affidavit dated 6.4.1998 filed by Sri R.C. Chaudhary are not being dealt under the orders of the Court. This Court on the previous date had made it clear that any industry the waste material or effluent of which was polluting the river Yamuna either directly or indirectly must not be permitted to operate till they have made proper arrangements for their effluents to be treated. Accordingly it is made clear that whether there may be 136 industries in respect of which Pollution Control Board has taken action or whether there may be any other industry which may be responsible for polluting the river, shall be stopped by the Pollution Control Board, if they have not set up their affluent treatment plants.
An affidavit has been filed by the petitioner. Paragraph 6 of the affidavit states that there are industrial giants of Mathura district which are polluting river Yamuna. The petitioner may bring to the notice of the Nodal Officer list of any such industry who shall take necessary action in the matter.
Sri Sanjay Singh, Scientific Officer, NRCD has also filed in the Court Progress Monitoring Report for the month of April, 1998 of Yamuna Action Plan and has informed that a sum of Rs. 11.97 lacs has been sanctioned for planting trees along the bank of river Yamuna at Vrindavan. This has been approved by the Cabinet. We are informed that due to some formality still remaining incomplete, the money has not yet been released. The Govt. of U.P. has to complete certain formalities. Accordingly we direct that the money shall be made available forthwith without any undue delay so that this work can also be immediately taken up. The Nodal Officer may also take care of this aspect and report to the Court the progress made in that regard. The Chief Secretary, U.P. who has been made overall incharge by this Court in respect of Ganga Action Plan shall be informed immediately by the Chief Standing Counsel of this order so that any person who is found to be causing delay should be asked to expedite the same. This Court should be informed on the next date that this direction has also been duly complied with.
The Court has also been taken through the status report of Yamuna River Water quality of District-Mathura filed along with the second affidavit of Sri O.P. Singhal. The second paragraph of this report reads as follows:-
"The flow of the river is diverted into Western Yamuna Canal and Eastern Yamuna Canal at the foothill region by having a barrage near Tajewala. The amount of water which is regenerated in the course between Tajewala and Delhi (about 220 Km.) is again utilized for drinking water supply of Delhi, leaving no water flow beyond Wazirabad barrage in Delhi. In Delhi stretch of the Yamuna, whatever water flows is mainly the untreated or partially treated sewage of Delhi. At Okhala again, there is a barrage, and the entire water of the river is diverted into Agra canal. Part of the sewage of Delhi, generated in the East Delhi area is discharged into the river dwonstream of the Okhala Barrage through Shahdara drain. The wastewaters from Ghazinbad, Noida, Faridabad are also joining the river in the downstream. Further downstream, an important tributary i.e. Hindon river, joins at about 30 km. downstream of Okhala barrage. The Hindon river carries the domestic and industrial wastewaters from the important town of U.P. i.e. Ghazinabad, Noida and Saharanpur. The availability of water in the Yamuna river is greatly varied with time and space Precipitation is confined to only 3 months in a year which also varies greatly. Most of the water flows in the river Yamuna (nearly 80%) in monsoon period (July, August, September) only. Whatever water flows in the non-monsoon period (October to June); it is extensively used for irrigation and drinking, leaving very little or no water in the river to flow."
The Chief Secretary, U.P. Govt. shall also have this aspect examined immediately and ensure that enough water is made available to river Yamuna itself and the water diverged to Agra canal is only limited to the quantity which must be diverged to the said canal. He shall also get the other aspects quoted in the above mentioned paragraphs taken care of and let this Court know by the next date what action has been proposed and taken in this regard.
Let this petition be listed again on 09.07.1998. The copy of this order shall be furnished to the learned Chief Standing Counsel as also to such persons who may apply for the copy within 24 hours and one copy shall be given free of cost to Sri A.D. Giri so that he may maintain his records of the orders which we have passed in this case.
List on 09.07.1998
sd/- Giridhar Malaviya
sd/- K.D. Shahi