{"id":262165,"date":"2000-02-15T00:00:00","date_gmt":"2000-02-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000"},"modified":"2018-12-20T09:46:06","modified_gmt":"2018-12-20T04:16:06","slug":"almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000","title":{"rendered":"Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000<\/div>\n
Author: Kirpal<\/div>\n
Bench: M.B.Shah, B.N.Kirpal, D.P.Mohapatro<\/div>\n
           PETITIONER:\nALMITRA H.  PATEL AND ANR.  PETITIONERS\n\n\tVs.\n\nRESPONDENT:\nUNION OF INDIA AND ORS.\t ..  RESPONDENTS\n\nDATE OF JUDGMENT:\t15\/02\/2000\n\nBENCH:\nM.B.Shah, B.N.Kirpal, D.P.Mohapatro\n\n\n\n\nJUDGMENT:\n<\/pre>\n
 D E R
\n      KIRPAL,J.\n<\/p>\n
      More  in anguish, than out of anger, this Court nearly
\nfour years ago in Dr.  B.L.  Wadhera Vs.  Union of India and
\nOrs.  [(1996) 2 SCC 594 at 595] observed:  ?Historic city of
\nDelhi\tthe capital of India  is one of the most  polluted
\ncities\tin  the\t world.\t The  authorities,  responsible\t for
\npollution  control and environment protection, have not been
\nable  to  provide  clean  and  healthy\tenvironment  to\t the
\nresidents  of  Delhi.  The ambient air is so  much  polluted
\nthat  it  is difficult to breathe.  More and more  Delhities
\nare   suffering\t from  respiratory   diseases\tand   throat
\ninfections.   River  Yamuna   the main source  of  drinking
\nwater  supply\t is the free dumping  place  for  untreated
\nsewage\tand  industrial\t waste.\t Apart from  air  and  water
\npollution,  the city is virtually an open dustbin.   Garbage
\nstrewn\tall  over  Delhi is a common sight.   The  Municipal
\nCorporation  of Delhi (the MCD) constituted under the  Delhi
\nMunicipal  Corporation\tAct,  1957 (Delhi Act<\/a>) and  the\t New
\nDelhi Municipal Council (the NDMC) constituted under the New
\nDelhi Municipal Council Act, 1994 (New Delhi Act) are wholly
\nremiss in the discharge of their duties under law.  It is no
\ndoubt\tcorrect\t  that\t   rapid   industrial\tdevelopment,
\nurbanisation and regular flow of persons from rural to urban
\nareas  have  made major contribution  towards  environmental
\ndegradation but at the same time the authorities  entrusted
\nwith  the work of pollution control  cannot be permitted to
\nsit  back with folded hands on the pretext that they have no
\nfinancial  or  other means to control pollution and  protect
\nthe  environment.  The\tCourt then proceeded  to  issue\t 14
\ndirections  in\tan  effort to see that the  capital  of\t the
\nbiggest\t democracy in the world is not branded as being\t one
\nof the most polluted cities in the world.\n<\/p>\n
      It  is  indeed  unfortunate  that\t despite  more\tthan
\nsufficient  time  having elapsed the condition of Delhi\t has
\nnot  improved.\t The citizens of Delhi\tincreasingly  suffer
\nfrom  respiratory  and other diseases, the river  Yamuna  is
\nhighly\tpolluted  and  garbage and  untreated  domestic\t and
\nindustrial waste is being either freely dumped into the said
\nriver or is left on open land, large volume of which remains
\nunattended.\n<\/p>\n
      The  present  writ  petition  is\tconcerned  with\t the
\nquestion  of  solid  waste disposal.  By  order\t dated\t16th
\nJanuary,  1998 this Court constituted a Committee headed  by
\nMr.   Asim  Burmon to look into all aspects of\turban  solid
\nwaste  management  and in particular to the  following\tfour
\nareas:\n<\/p>\n
      1.   Examine  the existing practices and\tto  suggest
\nhygienic  processing and waste disposal practices and proven
\ntechnologies on the basis of economic feasibility and safety
\nwhich the Corporations\/Government may directly or indirectly
\nadopt or sponsor.\n<\/p>\n
      2.   Examine and suggest ways to improve conditions in
\nthe  formal  and informal sector for promoting\teco-friendly
\nsorting, collection, transportation, disposal, recycling and
\nreuse.\n<\/p>\n
      3.   To  review Municipal bye-laws and the  powers  of
\nlocal  bodies and regional planning authorities and  suggest
\nnecessary  modifications  to   ensure  effective  budgeting,
\nfinancing, administration, monitoring and compliance.\n<\/p>\n
      4.   Examine  and formulate standards and\t regulations
\nfor  management\t of  urban solid waste, and set\t time  frame
\nwithin which the authorities shall be bound to implement the
\nsame.\n<\/p>\n
      After  a preliminary and then the final report of\t the
\nsaid  committee was received notices were issued to all\t the
\nStates\twho  were  required to file their responses  to\t the
\nreport\tof the committee.  None of the States really opposed
\nthe  recommendations made by the committee and it is noticed
\nthat  the  responses  of the States were in  fact  positive.
\nKeeping\t  the  aforesaid  report  in  mind,  Management\t  of
\nMunicipal  Solid Waste (Management and Handling) Rules\t1999
\nwere  notified\tby  the\t Central Government  which,  as\t the
\nheading\t itself suggests, deals with the question as to\t how
\nthe solid waste in the cities is to be managed and handled.\n<\/p>\n
      In  this Courts order dated 15th October, 1999 it was
\nindicated  that\t we  proposed  to take up  the\tquestion  of
\ncleaning  of  four  metropolitan   cities,  namely,  Mumbai,
\nChennai, Calcutta and Delhi as also the city of Bangalore.\n<\/p>\n
      We have first heard counsel appearing on behalf of the
\nNational  Capital Territory of Delhi in connection with\t the
\nmanagement  and handling of the solid waste.  It was in this
\nconnection that our attention was drawn to the 14 directions
\nissued\tby this Court in Dr.  B.L.  Wadheras case  [supra].
\nIt is indeed unfortunate that till today the said directions
\nhave  not  been\t complied with.\t When this was\tput  to\t the
\nlearned\t counsel  appearing  for Delhi as to  why  the\tsaid
\ndirections  were not complied with, there was, in effect, no
\nsatisfactory  answer.  For example, sites for landfill\thave
\nnot been identified and handed over to the MCD nor have four
\nadditional  compost  plant been constructed though  specific
\ndirection  in this regard was issued in Dr.  B.L.  Wadheras
\ncase.\tThe  Court also approved of the experimental  scheme
\nplaced\tbefore it by the MCD where-under certain  localities
\nhad  been  selected for distribution of polythene  bags\t and
\ncollection  of\tgarbage from door to door but  no  effective
\nprogress  appears  to have been made in this regard.   These
\nare  but  a  few examples which show non-compliance  of\t the
\ndirections issued.\n<\/p>\n
      We  are not oblivious of the fact that in a large city
\nlike  Delhi  where  the floating population which  comes  in
\nevery  day  is\tnot very small, keeping the  city  clean  is
\nindeed\ta daunting task.  Just because the work involved  is
\ndifficult  cannot  be  a reason for lack  of  initiative  or
\ninaction on the part of the authorities concerned.\n<\/p>\n
      We  are  informed that one of the\t local\tauthorities,
\nnamely,\t MCD  itself  employ   about  forty  thousand  safai
\nkaramcharis.   This is in addition to the staff employed  by
\nother  local  bodies,  namely, the NDMC and  the  Cantonment
\nBoard.\t Like  all government and municipal employees  these
\nkaramcharis  are expected to work for the stipulated  period
\nof time, namely, eight hours a day.  It was submitted by Mr.
\nDushyant  Dave,\t learned Amicus Curiae that  the  insanitory
\nconditions  of different areas of Delhi does not in any\t way
\nshow  that requisite effort has been put in or the  required
\ntime  spent in the cleaning operations which are supposed to
\nbe carried out by this large workforce.\t These employees are
\nmore invisible than visible.  There appears to be a complete
\nlack of accountability, at all levels of the Corporation, in
\nthis behalf.\n<\/p>\n
      Keeping Delhi clean is not an easy task but then it is
\nnot  an\t impossible  one  either.    What  is  required\t  is
\ninitiative,  selfless  zeal and dedication and\tprofessional
\npride, elements which are sadly lacking here.\n<\/p>\n
      Surat  had for time immemorial been known to be one of
\nthe  dirtiest  cities in the country.  The plague  there  in
\n1995  was  the\tresult of the filth  which  had\t accumulated
\ntherein.   Nevertheless\t the effort of one man, namely,\t the
\nMunicipal  Commissioner, who worked in the field and in\t the
\noffice\twith dedication resulted in not only eradicating the
\nplague\tand cleaning up Surat but gave the city of Surat the
\ndistinction of being the second most clean city in the whole
\nof  India.  The people of Surat who threw garbage all around
\nwere  so affected by the tireless effort of one person\tthat
\nthey  themselves have now become zealous guardians of  their
\nnew found clean city of Surat.\tThis shows what one man as a
\nhead  of the organisation, like Municipal Corporation,\twith
\nselfless  zeal,\t initiative  and   dedication  and   without
\nallowing  any outside interference can achieve by motivating
\nhis  employees\tto  clean up the city while  acting  fairly,
\njustly and efficiently within the four corners of the law.\n<\/p>\n
      In Delhi which is the capital of the country and which
\nshould be its show piece no effective initiative of any kind
\nhas  been  taken  by   the  numerous  governmental  agencies
\noperating here in cleaning up the city.\t As a result thereof
\nthe Court had in Dr.  B.L Wadheras case, per force, to step
\nin  because of the non- performance or non-implementation of
\nthe  law by the municipal authorities.\tThe law, inter alia,
\nmakes  it  obligatory on them to discharge  their  municipal
\nfunctions  and at least prevent filth and garbage from lying
\nstrewn\tat different public places causing hazard to  public
\nhealth.\n<\/p>\n
      The  local  authorities are constituted for  providing
\nservices  to the citizens  not merely to provide employment
\nto  a  few of its inhabitants.\tTolerating filth, while\t not
\ntaking\t action\t against  the\tlethargic  and\t inefficient
\nworkforce  for\tfear of annoying them, is  un-understandable
\nand  impermissible.  Non-accountability has possibly led  to
\nlack of effort on the part of the employees concerned.\tThey
\nare  perhaps sanguine in their belief that non-\t performance
\nis not frowned upon by the Government or by the heads of the
\norganisations and no harm will befall them.\n<\/p>\n
      Domestic\tgarbage and sewage is a large contributor of
\nsolid  waste.  The drainage system in a city is intended  to
\ncope  and  deal\t with household effluent.  This is so  in  a
\nplanned\t city.\tBut when a large number of inhabitants\tlive
\nin  unauthorised  colonies, with no proper means of  dealing
\nwith  the  domestic effluents, or in slums with no care\t for
\nhygiene the problem becomes more complex.\n<\/p>\n
      Establishment  or creating of slums, it seems, appears
\nto  be\tgood business and is well organised.  The number  of
\nslums  has  multiplied in the last few years by\t geometrical
\nproportion.   Large  areas of public land, in this way,\t are
\nusurped\t for  private use free of cost.\t It is difficult  to
\nbelieve\t that this can happen in the capital of the  country
\nwithout\t passive  or  active connivance of the\tland  owning
\nagencies  and\/or the municipal authorities.  The promise  of
\nfree  land, at the taxpayers cost, in place of a jhuggi, is
\na  proposal which attracts more land grabbers.\tRewarding an
\nencroacher  on public land with free alternate site is\tlike
\ngiving\ta  reward to a pickpocket.  The department  of\tslum
\nclearance  does\t not seem to have cleared any  slum  despite
\nit’s  being in existence for decades.  In fact more and more
\nslums\tare  coming  into   existence.\t Instead  of   Slum
\nClearance  there is Slum Creation in Delhi.  This in turn
\ngives  rise  to domestic waste being strewn on open land  in
\nand around the slums.  This can best be controlled at least,
\nin  the\t first instance, by preventing the growth of  slums.
\nThe  authorities must realise that there is a limit to which
\nthe population of a city can be increased, without enlarging
\nits  size.   In other words the density of  population\tper
\nsquare\tkilometer  cannot be allowed to increase beyond\t the
\nsustainable  limit.  Creation of slums resulting in increase
\nin  density  has to be prevented.  What the  slum  clearance
\ndepartment  has\t to  show,  however, does  not\tseem  to  be
\nvisible.   It  is the garbage and solid waste  generated  by
\nthese\tslums\twhich  require\tto   be\t dealt\t with\tmost
\nexpeditiously and on the basis of priority.\n<\/p>\n
      It  was suggested by the learned Amicus Curiae that we
\nshould\tissue  various\tdirections to the MCD and  the\tNDMC
\nincluding  direction  relating\tto the manner in  which\t the
\nsolid waste generated in Delhi is to be handled.  We believe
\nit  is not for this Court to direct as to how the  municipal
\nauthorities  should  carry out their functions\tand  resolve
\ndifficulties  in  regard to the management of  solid  waste.
\nThe Court, in fact, is ill equipped to do so.  Without doubt
\nthe  Governmental  agencies including the local\t authorities
\nhave  all the powers of the State to take action and  ensure
\nthat  the city remains clean.  They have only to wake up and
\nact.   The  Court  should, however, direct  that  the  local
\nauthorities,  Government and all statutory authorities\tmust
\ndischarge  their statutory duties and obligations in keeping
\nthe city at least reasonably clean.  We propose to do so now
\nby issuing appropriate directions.\n<\/p>\n
      Before  we pass the necessary orders some difficulties
\nare  stated to have been encountered in implementing some of
\nthe  directions\t in Dr.\t B.L.  Wadheras case (supra)  which
\nneed to be dealt with.\n<\/p>\n
      One of the difficulties pointed out before us was that
\neven  though  the MCD and the NDMC Acts permit action  being
\ntaken,\tinter  alia,  against persons who  litter  the\tcity
\nsufficient  number of judicial magistrates are not available
\nfor  ensuring  proper enforcement of the provisions  of\t the
\nsaid  Acts.  But the shortage of judicial magistrates can be
\neasily\tovercome  by  the   Government\tappointing  suitable
\npersons as Executive Magistrates under Section 20<\/a> or Special
\nExecutive  Magistrates\tunder  Section\t21<\/a> of  the  Code  of
\nCriminal  Procedure  who can be empowered to deal with\tsuch
\nminor  offences\t under\tthe provisions of the MCD  and\tNDMC
\nActs.\t There\tare  large   number  of\t retired  government
\nofficials  and ex-defence officers who have held responsible
\nposts  and  are\t living in Delhi who, we are sure,  will  be
\nwilling to act as such Magistrates.  Delhi is divided into a
\nnumber\tof  Municipal wards and for every ward one  or\tmore
\nExecutive  Magistrate  or Special Executive  Magistrate\t can
\neasily be appointed.  This will also take some burden of the
\nCourts.\n<\/p>\n
      The  counsel  for the MCD has submitted  that  despite
\norders\thaving\tbeen  passed in Dr.   B.L.   Wadehras  case
\n[supra]\t sufficient  number  of\t sites\tfor  landfills\thave
\nneither\t been identified nor handed over to it.\t One of\t the
\nreasons\t for  the  sites not being made\t available,  it\t was
\nstated,\t was  that land owning agencies like the DDA or\t the
\nGovernment  of\tNational  Capital  Territory  of  Delhi\t are
\ndemanding market value of the land of more than rupees forty
\nlacs  per  acre before the land can be transferred  to\tMCD.
\nKeeping\t Delhi clean is a governmental function.  There\t are
\nmore  than one agencies that administer Delhi, namely, Union
\nof  India through Ministry of Urban Development,  Government
\nof National Capital Territory of Delhi, Commissioner of MCD,
\nChairman,  NDMC,  Cantonment Board and the DDA.\t It  is\t the
\nduty  of  all  concerned  to see  that\tlandfill  sites\t are
\nprovided  in  the interest of public health.   Providing  of
\nlandfill  sites is not a commercial venture, which is  being
\nundertaken by the MCD.\tIt is as much the duty of the MCD as
\nthat  of  other\t authorities enumerated above  to  see\tthat
\nsufficient  sites  for landfills to meet the requirement  of
\nDelhi for next twenty years are provided.  Not providing the
\nsame  because the MCD is unable to pay an exorbitant  amount
\nis  un-understandable.\tLandfill site has to be provided and
\nit  is\twholly immaterial which Governmental agency  or\t the
\nlocal  authority has to pay the price for it.  As for nearly
\nfour  years  since  the direction was issued  in  Dr.\tB.L.
\nWadheras  case (supra) this problem has not been solved\t it
\nhas now become necessary for this Court to issue appropriate
\ndirections in this behalf, which we shall presently do.\n<\/p>\n
      One  of  the important directions issued in Dr.\tB.L.
\nWadheras  case\twas regarding the construction\tof  compost
\nplants.\t  In  addition to the compost plant at Okhla,  which
\nwas  expected  to  be in operation by 1st June,\t 1996,\tfour
\nadditional  compost  plants  were  to  be  constructed,\t  as
\nrecommended  by\t Jagmohan Committee.  This has not  happened
\nand  even  land for sufficient number of compost plants\t has
\nnot  been  identified  or handed over.\tIt  has,  therefore,
\nbecome\tnecessary  to  issue time-bound directions  in\tthis
\nbehalf.\n<\/p>\n
      Uptill now no action has been taken against people who
\nspread litter.\tDiscipline amongst people in this behalf has
\nto  be\tinculcated  and the  guilty  punished.\t Appropriate
\norders\tin  this behalf are proposed to be issued  including
\nthe  appointment  of  Magistrates under\t Section  20<\/a>  and\/or
\nSection 21<\/a> of the Code of Criminal Procedure, inter alia, to
\ndeal with such cases.\n<\/p>\n
      CONCLUSIONS:\n<\/p>\n
      In  addition  to and not in derogation of\t the  orders
\npassed\tby this Court in Dr.  B.L.  Wadheras case  (supra),
\nwe order as follows:\n<\/p>\n
      1.   We  direct  the Municipal  Corporation  of  Delhi
\nthrough\t the Commissioner, NDMC through its Chairman and the
\nCantonment Board through its Executive Officer and all other
\nconcerned      officials\t   including\t  Sanitation
\nSuperintendents\/Chief\t  Sanitary\t Inspectors\/Sanitary
\nInspectors\/Assistant\t  Sanitary\t Inspectors\/Sanitary
\nGuides\/Medical\t Officers  to  ensure\tthat  the   relevant
\nprovisions of the DMC Act, 1957, New Delhi Municipal Council
\nAct,  1994  and\t the  Cantonments   Act<\/a>,  1924\trelating  to
\nsanitation and public health prohibiting accumulation of any
\nrubbish,  filth, garbage or other polluted obnoxious matters
\nin   any  premises  and\/or   prohibiting  any  person\tfrom
\ndepositing  the same in any street or public place shall  be
\nscrupulously  complied.\t  2.   We direct that  the  streets,
\npublic premises such as parks etc.  shall be surface cleaned
\non  daily  basis, including on Sundays and public  holidays.\n<\/p>\n
3.   We\t direct\t and  authorise\t the  MCD,  NDMC  and  other
\nstatutory  authorities through competent officers, as may be
\ndesignated  by\tthem,  (but not lower than in  the  rank  of
\nSanitary  Superintendent  or  equivalent post) to  levy\t and
\nrecover\t charges  and  costs from any  person  littering  or
\nviolating  provisions  of  the diverse\tActs,  bye-laws\t and
\nRegulations  relating to sanitation and health for violating
\nthe  directions\t being issued herein.  For this purpose\t the
\nCommissioner,  MCD, Chairman, NDMC and other concerned heads
\nof  sanitary  authorities will prepare and publish  for\t the
\ninformation   of  public  at  large   the  scale   of\tsuch
\ncharges\/costs  as may be levied and recovered in respect  of
\nthe  diverse acts of commission\/omission.  The charges\/costs
\nwill  be recoverable on the spot by such designated officers
\nfrom  any  person  found littering or throwing\trubbish\t and
\ncausing\t nuisance  so  as to affect  sanitation\t and  public
\nhealth.\t  The Commissioner, MCD and Chairman, NDMC and other
\nauthorities  may  frame and publish such schemes as  may  be
\nnecessary   to\tensure\tcompliance   of\t  these\t  directions
\nforthwith.   Till  the scheme is framed and  published,\t the
\nauthorities named above would recover Rs.50\/- as charges and
\ncosts  from any person littering or violating provisions  of
\nthe  Municipal\tCorporation  Act, Bye-laws  and\t Regulations
\nrelating  to sanitation and health.  This part be  published
\nand  implemented at the earliest through concerned  Sanitary
\nInspectors.  4.\t We direct the MCD through the Commissioner,
\nNDMC  through  its Chairman and other statutory\t authorities
\nthrough\t  their\t respective  heads  to\tensure\tproper\t and
\nscientific  disposal of waste in a manner so as to  subserve
\nthe common good.  In this connection they shall endeavour to
\ncomply\twith the suggestions and directions contained in the
\nreport prepared by the Asim Burmon Committee.  5.  We direct
\nthat sites for land fills will be identified bearing in mind
\nthe  requirement of Delhi for the next twenty years within a
\nperiod\tof  four  weeks from today by the  exercise  jointly
\nconducted  by  Union of India through the Ministry of  Urban
\nDevelopment,  Government  of National Capital  Territory  of
\nDelhi,\tCommissioner, MCD and Chairman, NDMC and other heads
\nof statutory authorities like the DDA etc.  These sites will
\nbe   identified\t  keeping   in\t  mind\t the   environmental
\nconsiderations and in identifying the same Central Pollution
\nControl\t Boards\t advice will be taken  into  consideration.
\nThe  sites  so\tidentified shall be handed over to  the\t MCD
\nand\/or\tNDMC  within two weeks of the  identification,\tfree
\nfrom  all encumbrances and without MCD or the NDMC having to
\nmake any payment in respect thereof.  6.  We direct Union of
\nIndia  through the Ministry of Urban Development, Government
\nof National Capital Territory of Delhi, Commissioner of MCD,
\nChairman  NDMC and other statutory authorities like DDA\t and
\nRailways  to take appropriate steps for preventing any fresh
\nencroachment  or unauthorised occupation of public land\t for
\nthe  purpose  of dwelling resulting in creation of  a  slum.
\nFurther appropriate steps be taken to improve the sanitation
\nin  the\t existing slums till they are removed and  the\tland
\nreclaimed.   7.\t  We further direct Union of  India  through
\nMinistry  of  Urban  Development,   Government\tof  National
\nCapital\t Territory of Delhi, Commissioner MCD, Chairman NDMC
\nand  other statutory authorities like DDA etc.\tto  identify
\nand  make  available to the MCD and NDMC within\t four  weeks
\nfrom  today sites for setting up compost plants.   Initially
\nconsidering  the extent of solid waste, which is required to
\nbe  treated  by\t compost plants, the number of\tsites  which
\nshould be made available will be eight.\t Such sites shall be
\nhanded\tover to the MCD\/NDMC free of cost and free from\t all
\nencumbrances  within  two weeks of identification.  MCD\t and
\nNDMC  shall  thereupon\ttake appropriate steps to  have\t the
\ncompost plants\/processing plants established or caused to be
\nestablished  and to be in operation by 30th September, 2000.\n<\/p>\n
8.   We direct the MCD, NDMC and other statutory authorities
\nconcerned  with\t sanitation and public health  to  regularly
\npublish the names of concerned Superintendents of Sanitation
\nand  such  equivalent  officers\t  who  are  responsible\t for
\ncleaning   Delhi   who\t can\tbe   approached\t  for\t any
\ncomplaint\/grievance  by the citizens of Delhi together\twith
\ntheir  latest  office and residential telephone numbers\t and
\naddresses.  9.\tWe direct the Government of National Capital
\nTerritory  of Delhi to appoint Magistrates under Section  20<\/a>
\nand\/or Section 21<\/a> of the Code of Criminal Procedure for each
\nBoard\/Circle\/Ward  for ensuring compliance of the provisions
\nof  the MCD and NDMC Acts and to try the offences  specified
\ntherefor  in  relation\tto littering and  causing  nuisance,
\nsanitation  and public health.\tThese appointments shall  be
\nmade within a period six weeks from today in conformity with
\nthe reasons contained in this order.  10.  All the concerned
\nauthorities will file compliance reports of these directions
\nwithin\teight  weeks  from  today.   The  Central  Pollution
\nControl\t Board\twill  also  file within\t the  same  time  an
\naffidavit  indicating  to what extent the directions  issued
\nhave been complied with.\n<\/p>\n
      It  is  needless\tto  say that the  violation  of\t the
\ndirections issued by this Court shall be viewed seriously.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000 Author: Kirpal Bench: M.B.Shah, B.N.Kirpal, D.P.Mohapatro PETITIONER: ALMITRA H. PATEL AND ANR. PETITIONERS Vs. RESPONDENT: UNION OF INDIA AND ORS. .. RESPONDENTS DATE OF JUDGMENT: 15\/02\/2000 BENCH: M.B.Shah, B.N.Kirpal, D.P.Mohapatro JUDGMENT: D E […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-262165","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nAlmitra H. Patel And Anr. ... vs Union Of India And Ors. .. ... on 15 February, 2000 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Almitra H. Patel And Anr. ... vs Union Of India And Ors. .. ... on 15 February, 2000 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2000-02-14T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-12-20T04:16:06+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"18 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000\",\"datePublished\":\"2000-02-14T18:30:00+00:00\",\"dateModified\":\"2018-12-20T04:16:06+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\"},\"wordCount\":3583,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Supreme Court of India\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\",\"name\":\"Almitra H. Patel And Anr. ... vs Union Of India And Ors. .. ... on 15 February, 2000 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"2000-02-14T18:30:00+00:00\",\"dateModified\":\"2018-12-20T04:16:06+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"name\":\"Free Judgements of Supreme Court & High Court | Legal India\",\"description\":\"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.\",\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"alternateName\":\"Free judgements of Supreme Court & High Court of India | Legal India\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\",\"name\":\"Judgements of Supreme Court & High Court | Legal India\",\"alternateName\":\"Legal India\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"contentUrl\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/wp-content\\\/uploads\\\/sites\\\/5\\\/2025\\\/09\\\/legal-india-icon.jpg\",\"width\":512,\"height\":512,\"caption\":\"Judgements of Supreme Court & High Court | Legal India\"},\"image\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/logo\\\/image\\\/\"},\"sameAs\":[\"https:\\\/\\\/www.facebook.com\\\/LegalindiaCom\\\/\",\"https:\\\/\\\/x.com\\\/Legal_india\"]},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\",\"name\":\"Legal India Admin\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"url\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"contentUrl\":\"https:\\\/\\\/secure.gravatar.com\\\/avatar\\\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g\",\"caption\":\"Legal India Admin\"},\"sameAs\":[\"https:\\\/\\\/www.legalindia.com\",\"https:\\\/\\\/x.com\\\/legaliadmin\"],\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/author\\\/legal-india-admin\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Almitra H. Patel And Anr. ... vs Union Of India And Ors. .. ... on 15 February, 2000 - Free Judgements of Supreme Court & High Court | Legal India","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000","og_locale":"en_US","og_type":"article","og_title":"Almitra H. Patel And Anr. ... vs Union Of India And Ors. .. ... on 15 February, 2000 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"2000-02-14T18:30:00+00:00","article_modified_time":"2018-12-20T04:16:06+00:00","og_image":[{"width":512,"height":512,"url":"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1","type":"image\/jpeg"}],"author":"Legal India Admin","twitter_card":"summary_large_image","twitter_creator":"@legaliadmin","twitter_site":"@Legal_india","twitter_misc":{"Written by":"Legal India Admin","Est. reading time":"18 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000","datePublished":"2000-02-14T18:30:00+00:00","dateModified":"2018-12-20T04:16:06+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000"},"wordCount":3583,"commentCount":0,"publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"articleSection":["Supreme Court of India"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000","url":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000","name":"Almitra H. Patel And Anr. ... vs Union Of India And Ors. .. ... on 15 February, 2000 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"2000-02-14T18:30:00+00:00","dateModified":"2018-12-20T04:16:06+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/almitra-h-patel-and-anr-vs-union-of-india-and-ors-on-15-february-2000#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Almitra H. Patel And Anr. … vs Union Of India And Ors. .. … on 15 February, 2000"}]},{"@type":"WebSite","@id":"https:\/\/www.legalindia.com\/judgments\/#website","url":"https:\/\/www.legalindia.com\/judgments\/","name":"Free Judgements of Supreme Court & High Court | Legal India","description":"Search and read the latest judgements, orders, and rulings from the Supreme Court of India and all High Courts. A comprehensive database for lawyers, advocates, and law students.","publisher":{"@id":"https:\/\/www.legalindia.com\/judgments\/#organization"},"alternateName":"Free judgements of Supreme Court & High Court of India | Legal India","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.legalindia.com\/judgments\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.legalindia.com\/judgments\/#organization","name":"Judgements of Supreme Court & High Court | Legal India","alternateName":"Legal India","url":"https:\/\/www.legalindia.com\/judgments\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/","url":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","contentUrl":"https:\/\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg","width":512,"height":512,"caption":"Judgements of Supreme Court & High Court | Legal India"},"image":{"@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LegalindiaCom\/","https:\/\/x.com\/Legal_india"]},{"@type":"Person","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea","name":"Legal India Admin","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4faa9d728ed1af3b73d52225c7f12901ac726fe6f7ea0a3348a1d51f3a930987?s=96&d=mm&r=g","caption":"Legal India Admin"},"sameAs":["https:\/\/www.legalindia.com","https:\/\/x.com\/legaliadmin"],"url":"https:\/\/www.legalindia.com\/judgments\/author\/legal-india-admin"}]}},"modified_by":null,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/262165","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/comments?post=262165"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/262165\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=262165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=262165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=262165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}