{"id":91571,"date":"1996-03-01T00:00:00","date_gmt":"1996-02-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996"},"modified":"2015-09-28T07:13:44","modified_gmt":"2015-09-28T01:43:44","slug":"dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996","title":{"rendered":"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996<\/div>\n
Equivalent citations: 1996 SCC (2) 594, \t JT 1996 (3)\t 38<\/div>\n
Author: K Singh<\/div>\n
Bench: Kuldip Singh (J)<\/div>\n
           PETITIONER:\nDR.B.L.WADEHRA\n\n\tVs.\n\nRESPONDENT:\nUNION OF INDIA & ORS.\n\nDATE OF JUDGMENT:\t01\/03\/1996\n\nBENCH:\nKULDIP SINGH (J)\nBENCH:\nKULDIP SINGH (J)\nAHMAD SAGHIR S. (J)\n\nCITATION:\n 1996 SCC  (2) 594\t  JT 1996 (3)\t 38\n 1996 SCALE  (2)514\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
\t\t      J U D G M E N T
\nKuldip Singh
\n     Historic city of Delhi – the Capital of India is one of
\nthe most  polluted cities  in the  world.  The\tauthorities,
\nresponsible   for    pollution\t control   and\t environment
\nprotection, have  not been able to provide clean and healthy
\nenvironment to the residents of Delhi. The ambient air is so
\nmuch polluted that it is difficult to breathe. More and more
\nDelhi-ites  are\t  suffering  from  respiratory-diseases\t and
\nthroat-infections.  River   Yamuna  –  the  main  source  of
\ndrinking-water\tsupply\t–  is  the  free  dumping-place\t for
\nuntreated sewage  and industrial  waste. Apart\tfrom Air and
\nWater pollution,  the city  is virtually  an open  dust-bin.
\nGarbage\t strewnall   over  Delhi  is  a\t common\t sight.\t The
\nMunicipal Corporation  of Delhi\t (the MCD) constituted under
\nthe Delhi  Municipal Corporation  Act, 1957  (Delhi Act) and
\nthe New Delhi Municipal Council (the NDMC) constituted under
\nthe New\t Delhi Municipal  Council Act,\t1994 (New Delhi Act)
\nare wholly  re-miss in\tthe discharge  of their duties under
\nlaw.  It   is  no   doubt  correct   that  rapid  industrial
\ndevelopment, urbanization  and regular\tflow of persons from
\nrural to  urban areas  have made  major contribution towards
\nenvironmental  degradation   but  at   the  same   time\t the
\nAuthorities – entrusted with the work of pollution control –
\ncannot be  permitted to\t sit back  with folded\thands on the
\npretext that  they have\t no  financial\tor  other  means  to
\ncontrol pollution  and protect\tthe environment.  Apart from
\nArticle 21  of the  Constitution of  India, which guarantees
\n‘right to life’, Articles 48A and 51A(g) of the Constitution
\nare as under:-.lsl
\n     “48A. Protection and improvement of
\n     environment  and\tsafeguarding  of
\n     forests and  wild\tlife.-The  State
\n     shall  endeavor   to  protect   and
\n     improve  the   environment\t and  to
\n     safeguard the forests and wild life
\n     of the country.\n<\/p>\n
     51(g)-to protect  and  improve  the
\n     natural\tenvironment    including
\n     forests,  lakes,  rivers  and  wild
\n     life, and\tto have\t compassion  for
\n     living creatures.”\n<\/p>\n
     In this  petition under  Article 32 of the Constitution
\nof India,  the petitioner  – an advocate of this Court – has
\nsought directions  to the  MCD and the NDMC to perform their
\nstatutory duties  in particular\t the collection, removal and
\ndisposal of garbage and other waste.\n<\/p>\n
     This Court\t on December  16, 1994\tpassed the following
\norder in the writ petition :-\n<\/p>\n
     \"We    direct     the     Municipal\n     Corporation   of\t Delhi,\t   Delhi\n     Administration\t and\t   Delhi\n<\/pre>\n
     Development Authority  to place  on
\n     record  the  list\tof  all\t garbage
\n     dumping  places  and  city\t garbage
\n     collection centers within six weeks
\n     from today. It shall also be stated
\n     as to what steps are being taken by
\n     these  Authorities\t to  keep  these
\n     places  clean   and   tidy.   These
\n     Authorities shall also consider the
\n     possibility of  making it mandatory
\n     that the  garbage\tetc.  should  be
\n     dumped   at    these   places    in
\n     plastic\/jute bags to be supplied by
\n     the   Corporation\t at   subsidized
\n     rates.”\n<\/p>\n
     Mr. H.K.  Handa, Executive\t Engineer MCD  filed a short
\naffidavit dated\t January  30,  1995  indicating\t that  three
\nstatutory   bodies    function\t within\t  their\t  respective
\nterritories  in\t the  Union  Territory\tof  Delhi,  covering
\nfollowing areas :-\n<\/p>\n
     “(1) Municipal Corporation of Delhi\n<\/p><\/blockquote>\n
\t\t       –  1399.26 Sq.Km.\n<\/p><\/blockquote>\n
     (2) New  Delhi Municipal  Committee\n<\/p><\/blockquote>\n
\t\t       –    42.40 Sq.Km.\n<\/p><\/blockquote>\n
     (3)    Delhi    Cantonment\t   Board\n\t\t       -    42.80 Sq.Km.\n\t\t\t----------------\n\t\t\t 1484.46 Sq.Km.\"\n\t\t\t----------------\n<\/pre>\n
     At present\t about 4000  metric tons  (MT) of garbage is
\ncollected daily\t by the\t MCD. The disposal of the garbage is
\ndone mainly  by ‘Land  Fill Method’.  It is  stated  in\t the
\naffidavit that\tat  present  the  total\t number\t of  garbage
\ncollection centers are 1804 (337 dhalaos, 1284 dustbins, 176
\nopen sites  and 7 steel bins). The garbage collection trucks
\ncollect the  garbage from the collection centers and take it
\nto the\tnearest Sanitary  Land Fill  (SLF) 19 Hospitals, 156
\nDispensaries, 160  Maternity and  Child Welfare\t Centers,  5
\nPrimary Health Centers, and 14 clinics are functioning under
\nthe control  of MCD. Except RBTB hospital, no other hospital
\netc, has  installed incinerator\t to burn the hospital-waste.\n<\/p><\/blockquote>\n
It is  highlighted in  the affidavit  that about  45% of the
\ntotal population  of Delhi  is living in slums, unauthorised
\ncolonies and  clusters. There are about 4,80,000 Jhuggies in
\nDelhi. According to a rough estimate about 6 persons stay in
\neach jhuggi.  They throw their garbage on the road or nearby
\ndustbins.\n<\/p>\n
     Mr. S.C.  Kumar, Executive\t Engineer has  filed further
\naffidavit dated\t July 13,  1995 on  behalf of  the MCD.\t The
\ncollection and disposal of the garbage is done by the ‘Solid
\nWaste Department’  of the MCD. The sanitation staff employed
\nfor this  purpose has  been indicated  in the  affidavit  as
\nunder :-\n<\/p>\n
     “Municipal Corporation of Delhi has
\n     divided the  entire area  under its
\n     jurisdiction  into\t 12  zones.  The
\n     Solid Waste Department is headed by
\n     Sanitary Suptd.(SS)  in every zone,
\n     who inter\talia, is responsible for
\n     over  all\t sanitation  within  his
\n     zone. On  the supervisory level the
\n     SS is  assisted by\t Chief\tSanitary
\n     Inspector\t    (CSI),\tSanitary
\n     Inspector(SI),   Asstt.\tSanitary
\n     Inspector (ASI)  and Sanitary Guide
\n     (SG).\n<\/p><\/blockquote>\n
\t  For containing the solid waste
\n     in Dhalaos\t and  cleanliness  safai
\n     karamchari s  (SK) are  deployed on
\n     each dhalao  and dustbin.\tThe list
\n     of existing dustbins and dhalaos is
\n     already  on  the  records\tof  this
\n     Hon’ble Court filed with additional
\n     affidavit.\n<\/p><\/blockquote>\n
\t  The total number of sanitation
\n     staff of  solid waste management is
\n     as follows :\n<\/p><\/blockquote>\n
     1. Sanitary Superintendent : 21 Nos\n<\/p><\/blockquote>\n
     2. Chief Sanitary Inspector: 30 Nos\n<\/p><\/blockquote>\n
     3. Sanitary Inspector\t:212 Nos\n<\/p><\/blockquote>\n
     4. Asstt.Sanitary Inspector:556 Nos\n<\/p><\/blockquote>\n
     5. Sanitary Guide\t\t:603 Nos\n<\/p><\/blockquote>\n
     6. Safai Karamchari s   :38311 Nos”\n<\/p><\/blockquote>\n
Regarding construction of additional dhalaos it is
\nstated as under :-\n<\/p>\n
     “The zonewise  list  of  1252  Nos.\n<\/p><\/blockquote>\n
     (approx)\tnew    dhalaos\t to   be
\n     constructed and  708 nos.\texisting
\n     dustbins\/dhalaos\t    to\t      be
\n     repaired\/renovated is  attached  at
\n     Annexure ‘A’
\n\t  The completion  of work  will,
\n     however,\t depend\t    upon     the
\n     availability of  funds  by\t Central
\n     Govt. & Delhi Govt. in anticipation
\n     of\t receipt   of  additional  funds
\n     short notice tenders in most of the
\n     zones have\t been floated. A request
\n     for releasing  funds to the tune of
\n     Rs.75.76 crores  has  already  been
\n     sent to  Principal\t Secy.\t(UD)  by
\n     Commissioner, MCD\tvide letter  no.
\n     486 dt.  5.6.95. This estimate will
\n     also require  revision in\tview  of
\n     the drawing  prepared by  the Chief
\n     Architect,\t  MCD\t for\tproposed
\n     construction of dhalaos.”<\/p><\/blockquote>\n
     Mr. Kumar\thas further  stated in\this  affidavit\tthat
\ncomposting is  one of  the solution  for disposal of garbage
\nand getting  soil conditioner through the process. According
\nto him\tthe MCD\t compost plant at okhla had to be closed few
\nyears back  since its  running was  not financially  viable.
\nThere is  a  proposal  to  revive  the\tsame.  The  Jagmohan
\nCommittee has  recommended for\tinstallation of 4 additional
\ncompost plants\tin Delhi.  Regarding  privatization,  it  is
\nstated as under:-\n<\/p>\n
     “As  an   effort  to   explore  the
\n     alternative  method,  privatization
\n     of sanitation  work is  also  being
\n     considered to  be adopted\ton trial
\n     basis. However  final  decision  in
\n     this regard is yet to be taken.”<\/p><\/blockquote>\n
     It is  stated in the affidavit that orders for purchase
\nof 200\ttrucks have  been placed  with M\/s. Ordnance Factory
\nJabalpur. Tenders  for purchase\t of 35\tsuction machines, 50
\nfront-end-loaders have\tbeen received and are under process.
\nIt is  stated that  11 more  bulldozers are  required. It is
\nfurther stated\tthat 4 compactors of different capacities, 4
\nNos. of\t poclain on  chain\/tyre and  some more tipper trucks
\nare required.\n<\/p>\n
     Medical Officer of Health has filed affidavit dated May
\n12, 1995  on behalf of NDMC. Regarding “door to door garbage
\ncollection” the affidavit indicates as under :-\n<\/p>\n
     “NDMC has\tintroduced a  scheme  of
\n     door to  door collection of garbage
\n     on\t experimental\tbasis\tin   few
\n     colonies.\t Under\t  this\t scheme,
\n     introduced on  Ist may,  1994, NDMC
\n     is supplying  25 polythene\t garbage
\n     bags  of\t19″  X\t25”  capable  of
\n     holding about  10-12 kg.  per month
\n     at the  subsidized price of Rs.15\/-
\n     per  house\t  per\tmonth\tin   the
\n     following areas.\n<\/p><\/blockquote>\n
     1. North Avenue\n<\/p><\/blockquote>\n
     2. South Avenue\n<\/p><\/blockquote>\n
     3. D-I and D-II flats, Vinay Marg\n<\/p><\/blockquote>\n
     4. C-I and C-II flats, Tilak Marg\n<\/p><\/blockquote>\n
     5. Delhi Administration flats.\n<\/p><\/blockquote>\n
\tBhagwan Das Road\n<\/p>\n
     6. Pandara Road and Pandara Park\n<\/p>\n
     7. Ravinder Nagar and Bharti Nagar
\n\t  The  said   garbage  bags  are
\n     connected on  daily  basis\t by  our
\n     staff deployed  and then  deposited
\n     in the  nearby  dust-bins\tfor  the
\n     purpose  for  further  transporting
\n     them by  our staff\t to the\t dumping
\n     ground  maintained\t  by   Municipal
\n     Corporation of  Delhi. It is stated
\n     that  not\tmore  than  40%\t of  the
\n     residents under  the scheme  avails
\n     the benefit  of the  scheme  It  is
\n     specifically stated  that NDMC does
\n     not have  any dumping ground within
\n     its jurisdiction.”\n<\/p>\n
     It is  stated in  the affidavit that average of 300-350
\ntons of\t garbage is generated everyday in the NDMC area. For
\nthe purpose  of collection  and disposal of garbage the area
\nis divided  into 13  parts (circles).  There are 49 Jhuggi –
\nJhompri clusters  having 12500\tjhuggies in  the NDMC  area.
\nThere are  944 garbage\tcollecting places  (550 Trollies and
\n394 dustbins).\tThe task  is undertaken\t by a  fleet of 1423
\npermanent Safai\t Karamcharies, 600  Muster roll\t workers and
\n149 part time Safai Karamcharies.\n<\/p>\n
     This Court\t on September  15, 1995 passed the following
\norder :-\n<\/p>\n
     “We have  heard the  petitioner and
\n     the learned  counsel assisting  us.
\n     Mr.  Tusharia,   Deputy   Director,
\n     Municipal Corporation  of Delhi  is
\n     personally present in Court. He has
\n     also assisted  us. Mr.H.K.Handa and
\n     Mr.S.C.Kumar, Executive  Engineers,
\n     Municipal Corporation of Delhi have
\n     filed   an\t  affidavit   in   these
\n     proceedings.   According\tto   the
\n     affidavit, Municipal Corporation of
\n     Delhi has\tdivided the  area  under
\n     its charge\t into 12  zones for  the
\n     purposes of  collection of garbage.
\n     It is further stated that there are
\n     1804 garbage  collection points  in
\n     the   said\t   area.   The\t garbage
\n     collection\t  points    consist   of
\n     dhalaos, open sights and steelbins.
\n     Similarly,\t the   area  under   the
\n     control of\t NDMC has  been\t divided
\n     into 13  zones where  there are 944
\n     collection Points\t394 arr\t masonry
\n     dustbins and  500 are  trolies.  It
\n     cannot   be   disputed   that   the
\n     collection and  disposal of garbage
\n     in the  city of  Delhi  is\t causing
\n     serious\t problem.      Statutory
\n     authorities like  MCD and NDMC have
\n     been  created   to\t  control   this
\n     problem. It  is not  for this Court
\n     to\t  keep\t on   monitoring   these
\n     problems.\tThe   officers\twho  arc
\n     manning  these   institutions  must
\n     realize their  responsibilities and
\n     show the  end result.  Keeping that
\n     in view,  we  issue  the  following
\n     directions :\n<\/p><\/blockquote>\n
     (1) We  adjourn the hearing of this
\n     petition to  October 12,  1995.  On
\n     that day,\tthe petitioner and other
\n     learned counsel  shall assist  this
\n     Court   regarding\t the   statutory
\n     duties  and  functions  of\t various
\n     authorities  in   regard\tto   the
\n     sanitation in the city of Delhi.
\n     (2)   During   this   period,   the
\n     officers  who  are\t concerned  with
\n     this  problem  shall  consider  the
\n     various  issues   arising\tin  this
\n     petition, at  their own  level  and
\n     shall    give     the     following
\n     information to  this Court\t on  the
\n     next date of hearing :\n<\/p><\/blockquote>\n
\t  (a) final  date by which there
\n     officers\/authorities shall sort out
\n     the  problem   of\tcollection   and
\n     disposal of the garbage in the city
\n     of Delhi.\tIn that respect, we make
\n     it clear  that from  the date which
\n     may be  given by these authorities.
\n     not a drop of garbage is to be seen
\n     anywhere in  the city  of Delhi  on
\n     early morning  each day.  The whole
\n     of the  work of  garbage collection
\n     must be  completed\t over-night  and
\n     the city  is to  be left absolutely
\n     clean for\tthe residents  for their
\n     use;\n<\/p><\/blockquote>\n
\t  (b) the  authorities\tmay,  if
\n     they so  wish,  place  before  this
\n     Court the\tdifficulties  which  are
\n     likely to\tcome up\t in  their  way.
\n     This Court\t with the  assistance of
\n     authorities concerned- shall try to
\n     solve the same.\n<\/p><\/blockquote>\n
\t  We  make  it\tclear  that  any
\n     direction\tfinally\t given\tby  this
\n     Court  after  hearing  the\t parties
\n     shall be  binding and  violation of
\n     any part  of it  shall attract  the
\n     provisions\t of   the  Contempt   of
\n     Courts Act.\n<\/p><\/blockquote>\n
\t  Issues notice to the Secretary
\n     (Health),\t Delhi\t Administration,
\n     specially\tfor   the  purposes   of
\n     seeking\tassistance     regarding
\n     nursing homes  and hospitals  under
\n     the      control\t   of\t   Delhi
\n     Administration.  To  be  listed  on
\n     October 12, 1995.”<\/p><\/blockquote>\n
     Pursuant to  the above  quoted order  Commander  Mukesh
\nPaul, Medical  Officer of  Health, NDMC\t has filed affidavit
\ndated October  10, 1995.  It is stated in the affidavit that
\nlack of civic sense, lack of dustbins, absenteeism among the
\nstaff,\tlogistic   problems,  multiplicity  of\tauthorities,
\ndisposal of  house hold garbage by the servants, problems of
\nJhuggi Jhompri Clusters, floating population and for various
\nother reasons,\tit is not possible to give the time schedule
\nregarding the  cleaning of  Delhi as directed by this Court.
\nVarious\t  steps\t   taken   by\t the   NDMC    to    improve
\nsanitation\/garbage disposal  have also\tbeen  indicated.  An
\nadditional affidavit  filed by\tShri Anshu Prakash on behalf
\nof NDNC\t indicates that\t the following\tmeasures for  speedy
\nremoval\t of   garbage  and   for  maintenance  of  effective
\nsanitation have been undertaken:- .1s1
\n     a. Strengthening of Safaikaramchari
\n     workforce.\n<\/p>\n
     b Lifting and removal of garbage.\n<\/p>\n
     c.\t Regular   inspection  by  Nodal
\n     Officers.\n<\/p>\n
     d. Manning of Dhalaos.\n<\/p>\n
     e. Door  to door collection and NGO
\n     participation.\n<\/p>\n
     Mr. C.P. Gupta filed affidavit dated October 17,1995 on
\nbehalf of MCD wherein he stated as under :-\n<\/p>\n
     “It is,  therefore, submitted  that
\n     no specific  date for  making Delhi
\n     ‘absolutely  garbage   free’  every
\n     morning can be given at this stage.
\n     Nevertheless,  the\t  endeavors   of
\n     M.C.D.  would  be\tto  achieve  the
\n     spirit of the orders passed by this
\n     Hon’ble Court.”<\/p><\/blockquote>\n
     Under Secretary,  Ministry\t of  Health,  Government  of
\nIndia in  his affidavit has stated that Safdarjung hospital,
\nRam Manohar  Lohia hospital and Lady Harding Medical college
\ncomprising Kalavati  hospital and  Sucheta Kriplani Hospital
\nare under  the control\tand supervision\t of the\t Ministry of
\nHealth,\t Government   of  India.   Safdarjung  hospital\t has
\ninstalled incinerator  with waste  disposal capacity  of 230
\nkgs per\t hour. The  said hospital  generates about 2000-2500
\nkgs of\twaste everyday.\t It is\tstated that  the incinerator
\nfunctions in  two shifts  for 10 hours for 7 days a week. It
\nis not\tclear from  the affidavit whether the incinerator is
\nin working  condition or  out of order. The affidavit states
\nthat  three   vertical\ttype  incinerators  have  also\tbeen
\ninstalled by  the Safdarjung hospital. Incinerators have not
\nbeen installed\tin the\tother hospitals.  It is\t stated that
\nproposal to  install incinerators  in RML  hospital and Lady
\nHarding Medical College is under consideration.\n<\/p>\n
     According to  the affidavit filed by Mrs. Satbir Silas,
\nJoint Secretary\t (Medical and  Public Health)  Government to
\nNational Capital  Territory of Delhi, there are 13 hospitals
\nwhich  are   functioning  under\t the  control  of  the\tsaid
\nGovernment. Lok\t Nayak Jai  Parkash Narain  Hospital has  no
\nincinerator of\tits own. It is using the incinerator located
\nin G.B.\t Pant hospital.\t There is an incinerator in Guru Teg
\nBahadur Hospital  with capacity\t of 125\t kg  per  hour.\t The
\nincinerator is not enough to burn the entire hospital waste.
\nIt is  stated that  second incinerator\tat the cost of Rs.44
\nlakhs  is  likely  to  be  installed.  Deen  Dayal  Upadhyay
\nHospital has  installed\t an  incinerator  with\tcapacity  of
\nburning 85  kg of  waste per  hour. It\tis stated  that\t the
\nincinerator is\tmeeting the  need of the hospital. G.B. Pant
\nHospital has  two incinerators\twith capacity of 60 kg each.
\nThere are  no incinerators in Civil Hospital, Nehru Memorial
\nMedical College,  Guru Nanak Eye Centre, Lal Bahadur Shastri
\nHospital Rao  Tulla Ram Memorial Hospital and Dr. N.C. Joshi
\nMemorial Hospital.  The three  remaining hospitals,  namely,
\nBabu Jagjivan  Ram Memorial Hospital, Sanjay Gandhi Memorial
\nhospital and  Maulana Azad  Medical College  have  installed
\nincinerators.\n<\/p>\n
     Mr. C.B.  Gupta has  filed further\t affidavit  (second)
\ndated November 6, 1995 on behalf of MCD wherein it is stated
\nthat  on  experimental\tbasis,\tinitially  MCD\tproposes  to
\nintroduce the  scheme  of  supplying  plastic  bags  to\t the
\nresidents of  Janakpuri, Shalimar  Bagh, Jangpura Extension,
\nPreet Vihar, Sarita Vihar, Derawal Nagar and Jain Colony. It
\nis stated  by the learned counsel appearing for the MCD that
\nthe administration  is more  than willing  to  take  up\t the
\nchallenge of cleaning the city in the right earnest.\n<\/p>\n
     The NDMC  has also\t filed a proposed scheme which is in
\nthe following terms:\n<\/p>\n
     “That   the   NDMC\t  as   per   the
\n     directions of  this  Hon’ble  Court
\n     intends to\t improve sanitation in a
\n     step-wise\tmanner.\t  Step\tI  shall
\n     comprise\t of\tsweeping     the
\n     roads\/streets,    collection     of
\n     garbage   and    its   storage   at
\n     designated and  identified\t places.
\n     Step II  shall comprise  of lifting
\n     of\t   the\t   garbage    and    its
\n     transportation   to    the\t  M.C.D.
\n     dumping site  at Gazipur.\tNDMC  is
\n     also utilising  part of its garbage
\n     and    horticulture    waste    for
\n     conversion into  manure at\t Compost
\n     at Okhla.\n<\/p><\/blockquote>\n
\t  Regarding Step  I, as directed
\n     by the  Hon’ble Court, the NDMC has
\n     selected for  intensive  sanitation
\n     the    following\t compact    area
\n     consisting\t of   the  area\t  around
\n     Parliament\/Supreme\t Court,\t Central
\n     Vista   lawns   and   Circle   No.6
\n     starting from  the\t entire\t Rajpath
\n     upto  National  Stadium,  C-Hexagan
\n     Road, Sher\t Shah Road  cutting  the
\n     mathura   Road   upto   Subramaniam
\n     Bharati Marg  upto\t Southend  Road,
\n     Aurangzeb Road, Moti Lal Nehru Marg
\n     including\t Maulana    Azad   Road,
\n     Sunehri Masjid.  On the other hand,
\n     site from\tNational Stadium to part
\n     of C-Hexagan,  Central  Vista  Lawn
\n     and  also\t two  important\t markets
\n     i.e., Connaught  Place and Sarojini
\n     Nagar Located in NDMC area. Besides
\n     the    important\t buildings    as
\n     mentioned\tabove,\tthere  are  1076
\n     houses in\tPandara Road and Pandara
\n     Park including M.S. flats. Ravinder
\n     Nagar has got 124 flats. Bapa Nagar
\n     has  got\t102  flats.   Rest   big
\n     bungalows\tare  there.  The  Circle
\n     No.6 also\tincludes the JJ clusters
\n     at Humayun\t Road and Darbanga House
\n     and also the Khan Market, Lok Nayak
\n     Bhawan,   Pandara\t  Road\t Market,
\n     Prithvi Raj  Market. The  following
\n     number of\tmajor restaurants\/hotels
\n     are existing in this circle:\n<\/p><\/blockquote>\n
     (i)   Five Star Hotel\t  1\n<\/p><\/blockquote>\n
     (ii)  Three Star Hotel\t  1\n<\/p><\/blockquote>\n
     (iii) Restaurants\t\t 20
\n     It is  proposed to\t deploy the work
\n     force  in\t night\tshift  also  for
\n     effective garbage\tremoval\t in  the
\n     area. Each and every household will
\n     be given  polythene bag for garbage
\n     collection and  each household will
\n     be\t expected   to\tplace  the  bags
\n     filled with  garbage at  designated
\n     collection\t   points.    In    J.J.
\n     Clusters,\tthe   garbage  will   be
\n     collected\tat   collection\t  points
\n     designated for this purpose, it may
\n     not be feasible give polythene bags
\n     for   each\t   jhuggi.    Additional
\n     collection\t points\t  will\tbe  made
\n     wherever  necessary   to  suit  the
\n     convenience of  the public. All the
\n     collection points\tin the aforesaid
\n     areas    will     be    effectively
\n     supervised by  NDMC staff to ensure
\n     that garbage is not littered around
\n     the collection points.\n<\/p><\/blockquote>\n
\t  Initially the\t polythene  bags
\n     will be  given free  of cost to the
\n     residents of  aforesaid  areas  for
\n     one month\tby NDMC\t on experimental
\n     basis.  Thereafter\t the  supply  of
\n     bags at subsidised cost may also be
\n     considered by  the NDMC.  NDMC  has
\n     started door  to door collection of
\n     garbage in\t polythene bags supplied
\n     by NDMC  in certain colonies in the
\n     aforesaid\t areas.\t  It   will   be
\n     gradually\t extended    to\t   other
\n     colonies also  in consultation with
\n     the resident associations. The NDMC
\n     will also\tmake efforts to find out
\n     if any  better alternative\t to  the
\n     polythene bags  could  be\tprovided
\n     for  this\t purpose.  Other   State
\n     Governments,      Ministry\t      of
\n     Environment, etc. will be contacted
\n     in this regard.”<\/p><\/blockquote>\n
     It would  be useful  to mention that the MCD has a very
\nlarge force  of Karamcharies working for it. There are 38311
\nSafai Karamcharis.  The MCD  has  more\tthan  1400  Sanitary
\nInspectors and\tother officials\t in that category. The total
\narea which  the MCD  is supposed  to keep  clean and tidy is
\n1399.26 Sq.Km. The simple arithmetic shows that there are 27
\nSafai Karamcharis  and one Sanitary Inspector for one Sq.Km.
\nof area.  We are of the view that with such a large manpower
\nat its\tdisposal there can be no excuse with the MCD for not
\ncontrolling the\t disposal of  garbage and  keeping the\tcity
\nclean. The  NDMC is  still in a better position. It has 2172
\nSafai Karamcharis  and the  area under\tits control is 42.40
\nSq.Km. which  means that  it has  50 Karamcharis  to wan one
\nSq.Km. There  is no  reason whatsoever\twhy with such a huge
\nmanpower at  their command the MCD and NDMC cannot present a
\nneat and clean Delhi to its residents.\n<\/p>\n
     The MCD  and NDMC\thave already  started door  to\tdoor
\ncollection of  garbage on   experimental basis. It is stated
\nthat polythene\tbags  are  also\t being\tdistributed  in\t the
\nselected areas.\t We make it clear that the modalities in our
\ninterim orders\tfrom time to time have been in the nature of
\nsuggestions. We,  however, reiterate  that the\tMCD and\t the
\nNDMC must  keep the city clean by deploying all the means at
\ntheir disposal.\t We are\t issuing binding  directions in this
\nrespect in the operative part of the judgment.\n<\/p>\n
     It would  be  useful  at  this  stage  to\texamine\t the
\nrelevant provisions of the Delhi Act.\n<\/p>\n
     “42, Obligatory  functions\t of  the
\n     Corporation-   [Subject\tto   the
\n     provisions\t of  this  Act\tand  any
\n     other law\tfor the\t time  being  it
\n     shall   be\t   incumbent]\ton   the
\n     Corporation   to\t make\tadequate
\n     provision by  any means or measures
\n     which it  may lawfully use or take,
\n     for each  of the following matters,
\n     namely:\n<\/p><\/blockquote>\n
     (a) the  construction,  maintenance
\n     and cleaning of drains and drainage
\n     works  and\t  of  public   latrines,
\n     urinals and similar conveniences;\n<\/p><\/blockquote>\n
     (c)  the  scavenging,  removal  and
\n     disposal  of   filth,  rubbish  and
\n     other   obnoxious\t  or\tpolluted
\n     matters;\n<\/p><\/blockquote>\n
     (e) the  reclamation  of  unhealthy
\n     localities, the  removal of noxious
\n     vegetation\t  and\t generally   the
\n     abatement of all nuisances;\n<\/p><\/blockquote>\n
     (o)  the\tlighting,  watering  and
\n     cleaning  of   public  streets  and
\n     other public places;\n<\/p><\/blockquote>\n
     (t)   the\t laying\t  out\tor   the
\n     maintenance   of\t public\t  parks,
\n     gardens or recreation grounds,
\n     (wa) the  preparation of  plans for
\n     economic  development   and  social
\n     justice.\n<\/p><\/blockquote>\n
     43. Discretionary\tfunctions of the
\n     Corporation –\n<\/p><\/blockquote>\n
     (b)    the\t    establishment    and
\n     maintenance   of,\t and   aid,   to
\n     libraries, museums,  art galleries,
\n     botanical\t     or\t      zoological
\n     collections;\n<\/p><\/blockquote>\n
     (c)    the\t    establishment    and
\n     maintenance of, and aid, to stadia,
\n     gymnasia, akharas\tand  places  for
\n     sports and games;\n<\/p><\/blockquote>\n
     (d) the  planting and care of trees
\n     on roadsides and elsewhere;\n<\/p><\/blockquote>\n
     (i) the providing of music or other
\n     entertainments in\tpublic places or
\n     places of\tpublic\tresort\tand  the
\n     establishment   of\t  theaters   and
\n     cinemas;\n<\/p><\/blockquote>\n
     (1)    the\t    construction     and\n     maintenance of\n     i) rest - houses,\n     ii) poor-houses,\n     iii) infirmaries,\n     iv) children's homes,\n<\/pre>\n
     v) houses for the deaf and dumb and
\n     for   disabled    and   handicapped
\n     children,\n<\/p><\/blockquote>\n
     vi)  shelters   for  destitute  and
\n     disabled persons,\n<\/p><\/blockquote>\n
     vii) asylums for persons of unsound
\n     mind;\n<\/p><\/blockquote>\n
     (q) the  provision\t for  relief  to
\n     destitute and disabled persons;\n<\/p><\/blockquote>\n
     (s) the organization, construction,
\n     maintenance   and\t management   of
\n     swimming pools, public wash houses,
\n     bathing\tplaces\t   and\t   other
\n     institutions   designed   for   the
\n     improvement of public health;
\n     (z)  the\tprovisions  of\t housing
\n     accommodation for\tthe  inhabitants
\n     of any  area or  for any  class  of
\n     inhabitants; and
\n     (za) any  measure not  hereinbefore
\n     specifically mentioned,  likely  to
\n     promote  public   safety,\t health,
\n     convenience or general welfare.
\n     59 Functions  of the  Commissioner-
\n     Save as  otherwise provided in this
\n     Act, the entire executive power for
\n     the purpose  of  carrying\tout  the
\n     provisions of  this Act  and of any
\n     other Act\tfor the\t time  being  in
\n     force which  confers, any\tpower or
\n     imposes\tany    duty    on    the
\n     Corporation,  shall   vest\t in  the
\n     Commissioner who shall also-
\n     107A.   Constitution   of\t Finance
\n     Commission- (1)  The  Administrator
\n     shall, as\tsoon as\t may be,  within
\n     one year  from the\t commencement of
\n     the   Constitution\t  (Seventy-third
\n     Amendment) Act, 1992 and thereafter
\n     at the  expiration of  every  fifth
\n     year    constitute\t    a\t Finance
\n     Commission to  review the financial
\n     position of  the Corporation and to
\n     make   recommendations    to    the
\n     Administrator as to, –\n<\/p><\/blockquote>\n
     (a)  The\tprinciple  which  should
\n     govern,-\n<\/p><\/blockquote>\n
\t  (i) the  distribution\t between
\n     the National  Capital Territory  of
\n     Delhi and\tthe Corporation\t of  the
\n     net proceeds  of the taxes, duties,
\n     tolls  and\t fees  leviable\t by  the
\n     National Capital Territory of Delhi
\n     which may be divided between them;\n<\/p><\/blockquote>\n
\t  (ii) the  determination of the
\n     taxes, duties  tolls and fees which
\n     may be  assigned to or appropriated
\n     by the Corporation;\n<\/p><\/blockquote>\n
\t  (iii) the grants-in-aid to the
\n     Corporation from  the  consolidated
\n     fund  of\tthe   National\t Capital
\n     Territory of Delhi.\n<\/p><\/blockquote>\n
     108. Constitution of special funds-\n<\/p><\/blockquote>\n
     (1)    The\t   Corporation\t  shall,
\n     constitute\t such  special\tfund  or
\n     funds  as\t may  be  prescribed  by
\n     regulations and  such  other  funds
\n     necessary for  the purposes of this
\n     Act as may be so prescribed.
\n     (2) The  constitution and\tdisposal
\n     of such  funds shall be effected in
\n     the    manner    laid    down    by
\n     regulations.\n<\/p><\/blockquote>\n
     353.Duty of owners and occupiers to
\n     collect and  deposit rubbish,  etc.
\n     It shall  be the duty of the owners
\n     and occupiers of all premises –\n<\/p><\/blockquote>\n
\t  (a) to have the premises swept
\n     and cleaned;\n<\/p><\/blockquote>\n
\t  (b)  to   cause   all\t  filth,
\n     rubbish  and   other  polluted  and
\n     obnoxious matter  to  be  collected
\n     from their\t respective premises and
\n     to be  deposited at  such times  as
\n     the Commissioner,\tby public notice
\n     prescribes, in  public receptacles,
\n     depots  or\t  places   provided   or
\n     appointed under section 352 for the
\n     temporary deposit or final disposal
\n     thereof;\n<\/p><\/blockquote>\n
\t  (c) to  provide receptacles of
\n     the  type\t and   in   the\t  manner
\n     prescribed by  the Commissioner for
\n     the  collection   therein\tof   all
\n     filth, rubbish  and other\tpolluted
\n     and  obnoxious   matter  from  such
\n     premises\tand    to   keep    such
\n     receptacles in  good condition  and
\n     repair.\n<\/p><\/blockquote>\n
     354.  Collection\tand  removal  of
\n     filth and\tpolluted matter-It shall
\n     be\t the   duty  of\t the  owner  and
\n     occupier of  every premises situate
\n     in any  portion of\t Delhi in  which
\n     there is  not a  latrine, or urinal
\n     connected\tby   a\tdrain\twith   a
\n     municipal drain, to cause all filth
\n     and polluted  and obnoxious  matter
\n     accumulation upon\tsuch premises to
\n     be collected  and\tremoved\t to  the
\n     nearest   receptacle    or\t   depot
\n     provided  for  this  purpose  under
\n     section 352  at such times, in such
\n     vehicle or vessel by such route and
\n     with  such\t  precautions\tas   the
\n     Commissioner may  by public  notice
\n     prescribe.\n<\/p><\/blockquote>\n
     356.Removal   of\trubbish,   etc.,
\n     accumulated  on  premises\tused  as
\n     factories,\t workshops   etc.   -The
\n     Commissioner may, if he thinks fit,\n<\/p><\/blockquote>\n
     (a) by  written notice  require the
\n     owner or  occupier of  any premises
\n     used   for\t   carrying    on    any
\n     manufacture, trade\t or business  or
\n     used as  factory,\tworkshop,  trade
\n     premises or market or in any way so
\n     that  rubbish,   filth  and   other
\n     polluted and  obnoxious matter  are
\n     accumulated in large quantities, to
\n     collect all such rubbish, filth and
\n     other polluted and obnoxious matter
\n     accumulating thereon  and to remove
\n     the same  at such times and in such
\n     carts or  receptacles and\tby  such
\n     routes as\tmay be\tspecified in the
\n     notice to a depot or place provided
\n     or appointed under section 352, or\n<\/p><\/blockquote>\n
     (b)  after\t giving\t such  owner  or
\n     occupier notice  of his  intention,
\n     cause all\trubbish, filth and other
\n     polluted\tand   obnoxious\t  matter
\n     accumulated in  such premises to be
\n     removed, and  charge the said owner
\n     or occupier  for such  removal such
\n     fee as  may, with\tthe sanction  of
\n     the    Standing\tCommittee,    be
\n     specified\tin   the  notice  issued
\n     under clause (a)\n<\/p><\/blockquote>\n
     357.      Prohibition\t against
\n     accumulation of  rubbish, etc.-  No
\n     owner or  occupier of  any premises
\n     shall keep\t or allow to be kept for
\n     more  than\t twenty\t four  hours  or
\n     otherwise\t than\t in   receptacle
\n     approved by  the Commissioner,  any
\n     rubbish, filth  and other\tpolluted
\n     and  obnoxious   matter   on   such
\n     premises  or  any\tplace  belonging
\n     thereto or neglect to employ proper
\n     means to remove such rubbish, filth
\n     and other\tpolluted  and  obnoxious
\n     matter  from,  or\tto  clean,  such
\n     receptacle and  to dispose\t of such
\n     rubbish, filth  and other\tpolluted
\n     and obnoxious  matter in the manner
\n     directed by  the  Commissioner,  or
\n     fail to comply with any requisition
\n     of\t the   Commissioner  as\t to  the
\n     construction,  repair,  payment  or
\n     cleaning of  any latrine, or urinal
\n     on or belonging to the premises.\n<\/p><\/blockquote>\n
     465. General  penalty-  Whoever  in
\n     any case  in which a penalty is not
\n     expressly\tprovided  by  this  act,
\n     fails to  comply with  any\t notice,
\n     order or  requisition issued  under
\n     any provision thereof, or otherwise
\n     contravenes any of the provision of
\n     this Act  shall be\t punishable with
\n     fine  which   may\textend\t to  one
\n     hundred rupees  and in  the case of
\n     continuing failure or contravention
\n     with an  additional fine  which may
\n     extend to\ttwenty rupees  for every
\n     day after the first during which he
\n     has persisted  in\tthe  failure  or
\n     contravention.\n<\/p><\/blockquote>\n
     469. Municipal magistrates- (1) The
\n     Government may  appoint one or more
\n     [Metropolitan Magistrates]\t for the
\n     trial of  offences against this act
\n     and against any rule, regulation or
\n     bye-law  made  thereunder\tand  may
\n     prescribe the  time  and  place  at
\n     which    such     magistrate     or
\n     magistrates  shall\t  sit  for   the
\n     despatch of business.\n<\/p><\/blockquote>\n
     486. Inspection   –   The\t Central
\n     Government [or  the Government] may
\n     depute any person in the service of
\n     government to  inspect  or\t examine
\n     any municipal  department or office
\n     or any  service or\t work undertaken
\n     by the  Corporation or  any of  the
\n     Municipal\t authorities\tor   any
\n     property\tbelong\t  in   got   the
\n     Corporation and  to report\t thereon
\n     and  the\tCorporation  and   every
\n     municipal\t authority    and    all
\n     municipal\t officers    and   other
\n     municipal employees  shall be bound
\n     to afford\tthe  person  so\t deputed
\n     access at\tall reasonable\ttimes to
\n     the premises  and properties of the
\n     Corporation  and  to  all\trecords,
\n     accounts and  other  documents  the
\n     inspection of which he may consider
\n     necessary\t to    enable\thim   to
\n     discharge his duties.\n<\/p><\/blockquote>\n
     487.    Directions\t   by\t Central
\n     Government –  (1)\tIf  [whether  or
\n     receipt of\t a report  or on receipt
\n     of]  any\tinformation  or\t  report
\n     obtained  under   section\t485   of
\n     section  486   or\totherwise,   the
\n     Central Government is of opinion –\n<\/p><\/blockquote>\n
     (a) that  any duty\t imposed on  the
\n     Corporation   or\t any   municipal
\n     authority by  or under this Act has
\n     not  been\tperformed  or  has  been
\n     performed\t  in\tan    imperfect,
\n     insufficient or  unsuitable manner,
\n     or\n<\/p><\/blockquote>\n
     (b)   that\t   adequate    financial
\n     provision has not been made for the
\n     performance of  any such  duty,  it
\n     may direct\t the Corporation  or the
\n     municipal\t authority    concerned,
\n     within such  period  as  it  thinks
\n     fit, to  make  arrangements  to  it
\n     satisfaction   for\t   the\t  proper
\n     performance of  the duty, or as the
\n     case  may\tbe,  to\t make  financial
\n     provision to  its satisfaction  for
\n     the performance of the duty and the
\n     Corporation   or\t the   municipal
\n     authority\tconcerned  shall  comply
\n     with such direction.\n<\/p><\/blockquote>\n
\t  Provided that,  unless in  the
\n     opinion of\t the Central  Government
\n     the  immediate  execution\tof  such
\n     order is necessary, it shall before
\n     making  any  direction  under  this
\n     section give the Corporation or the
\n     municipal\tauthority  concerned  an
\n     opportunity of  showing  cause  why
\n     such direction should not be made\n<\/p><\/blockquote>\n
     488.Power\t  to\t provide     for
\n     enforcement  of   direction   under
\n     section 487-  If, within the period
\n     fixed by  a  direction  made  under
\n     sub-section (1) of section 487, any
\n     action the taking of which has been
\n     directed under that sub section has
\n     not been  duly taken,  the\t Central
\n     Government\t may  make  arrangements
\n     for the  taking of\t such action and
\n     may  direct   that\t  all\texpenses
\n     connected\t therewith    shall   be
\n     defrayed  out   of\t the   Municipal
\n     Fund.”\n<\/p><\/blockquote>\n
     Similarly, NDMC  is governed  by  the  New\t Delhi\tAct.\n<\/p><\/blockquote>\n
Sections 11,  12, 53, 261, 263, 264, 265, 266, 267 & 375 are
\nsome of the provisions of the New Delhi Act which are pari
\nmateria to  the relevant  provisions of the Delhi Act. It is
\nclear from  various provisions\tof the Delhi Act and the New
\nDelhi Act that the MCD and the NDMC are under a statutory
\nobligation to  scavenge and  clean the\tcity of Delhi. It is
\nmandatory for  these authorities  to collect  and dispose of
\nthe garbage\/waste  generated from  various  sources  in\t the
\ncity. We  have no  hesitation in  observing that the MCD and
\nthe NDMC have been wholly remiss in the performance of their
\nstatutory duties. Apart from the rights guaranteed under the
\nConstitution the  residents of\tDelhi have a statutory right
\nto live\t in a  clean  city.  The  courts  are  justified  in
\ndirecting the MCD and NDMC to perform their duties under the
\nlaw. Non  availability of  funds, inadequacy or inefficiency
\nof the\tstaff, insufficiency  of machinery  etc.  cannot  be
\npleaded as  grounds for\t non-performance of  their statutory
\nobligations .\n<\/p>\n
     In Ratlam\tMunicipality vs.  Vardhichand  AIR<\/a>  1980  SC
\n1622, the  question before  this Court was whether the order
\nof the trial court as upheld by the High Court directing the
\nRatlam Municipality  to draft  a plan  within six months for
\nthe removal of nuisance caused by the open drains and public
\nexcretion by  the nearby  slum dwellers\t could be sustained.
\nThis Court  speaking through  Krishna Iyer,J.  dismissed the
\nappeal of the municipality and held as under:\n<\/p>\n
\t  “Why drive  common  people  to
\n     public   interest\t action?   Where
\n     Directive\tPrinciples   have  found
\n     statutory expression  in  Do’s  and
\n     Dont’s the\t court will not sit idly
\n     by and  allow municipal  government
\n     to become\ta statutory mockery. The
\n     law will  relentlessly be\tenforced
\n     and the  plea of  poor finance will
\n     be poor alibi when people in misery
\n     cry for  justice. The  dynamics  of
\n     the  judicial  process  has  a  new
\n     ‘enforcement’ dimension  not merely
\n     through some  of the  provisions of
\n     the  Criminal  Procedure  Code  (as
\n     here), but\t also through  activated
\n     tort consciousness. The officers in
\n     charge   and   even   the\t elected
\n     representatives will  have to  face
\n     the penalty  of the law if what the
\n     Constitution     and      follow-up
\n     legislation direct\t them to  do are
\n     defied or\tdefied\twrongfully.  The
\n     wages of  violation is  punishment,
\n     corporate and personal.”\n<\/p><\/blockquote>\n
Reminding the  State Government\t of  its  duties  under\t the
\nConstitution of India, Krishna Iyer, J. observed as under:-\n<\/p>\n
     “We  are\tsure  that   the   State
\n     Government will  make available  by
\n     way of  loans or  grants sufficient
\n     financial\t aid   to   the\t  Ratlam
\n     Municipality to enable it to fulfil
\n     its obligations  under this  order.
\n     The State will realise that Art. 47
\n     makes it  a paramount  principle of
\n     governance\t that  steps  are  taken
\n     ‘for  the\t improvement  of  public
\n     health  as\t  amongst  its\t primary
\n     duties’. The municipality also will
\n     slim its  budget  on  low\tpriority
\n     items and\telitist projects  to use
\n     the  savings   on\tsanitation   and
\n     public  health.   It  is\tnot  our
\n     intention that  the ward  which has
\n     woken up  to its  rights alone need
\n     be\t  afforded    these   elementary
\n     facilities. We expect all the wards
\n     to\t    be\t   benefited\t without
\n     litigation.”<\/p><\/blockquote>\n
     In the  light of  the facts  and circumstances  noticed
\nabove and  also keeping\t in view the suggestions made by the
\nlearned counsel\t assisting us in this petition, we issue the
\nfollowing directions:-\n<\/p>\n
1. We  approve the  experimental schemes  placed before this
\nCourt by  MCD and  NDMC whereunder  certain localities\thave
\nbeen selected  for distribution\t of polythene  bags, door to
\ndoor collection of garbage and its disposal.\n<\/p>\n
     We direct\tthe MCD through Commissioner appointed under
\nSection 54  of the  Delhi Act  and all other officers of the
\nMCD (particularly  Mr. Narang  and  Mr.\t Tirath\t Raj.  Joint
\nDirectors) to  have the\t city of Delhi scavenged and cleaned
\neveryday. The  garbage\/waste shall be lifted from collection
\ncenters every  day and\ttransported to\tthe designated place
\nfor disposal.\n<\/p>\n
     All recepticals\/collection\t centers shall be kept clean
\nand tidy  everyday. The\t garbage\/rubbish shall\tnot be found
\nspread around the collection centers and on the roads.\n<\/p>\n
     We issue  similar directions to the NDMC through S\/Shri
\nBaleshwar Rai,\tAdministrator,\tLal  Chand,  Chief  Sanitary
\nInspector, Dr.G.S.  Thind, Deputy  Medical Officer of Health
\nand Dr. V.N. Reu, Chief Medical Officer.\n<\/p>\n
2.   We\t direct\t Government  of\t India,\t through  Secretary,
\nMinistry of Health, Government of National Capital Territory
\nof Delhi through Secretary, medical and Public Health, MCD
\nthrough its  Commissioner and NDMC through its Administrator
\nto  construct\tand  install   incinerators   in   all\t the
\nhospitals\/nursing homes, with 50 beds and above, under their
\nadministrative control.\t This may  be done preferably within
\nnine  months.\tA  responsible\tofficer\t of  each  of  these
\nauthorities shall file an affidavit in this Court within two
\nmonths indicating the progress made in this respect.\n<\/p>\n
3.   We direct\tthe All India Institute of Medical Sciences,
\nNew Delhi  through its Director to install sufficient number
\nof incinerators,  or  an  equally  effective  alternate,  to
\ndispose of  the hospital  waste.   to indicate\tthe progress
\nmade in this respect.\n<\/p>\n
4.   We direct\tthe MCD and NDMC to issue notices to all the
\nprivate hospitals\/nursing  homes in  Delhi to make their own
\narrangements for  the disposal of their garbage and hospital
\nwaste. They be asked to construct their own incinerators. In
\ncase these  hospitals are  permitted to\t use facilities (for
\ncollection, transportation and disposal of garbage) provided
\nby the\tMCD and\t NDMC then they may be asked to pay suitable
\ncharges for the service rendered in accordance with law.\n<\/p>\n
5.   We direct\tthe Central  Pollution Control Board and the
\nDelhi Pollution\t Committee to  regularly send its inspection
\nteams in  different areas  of Delhi\/New\t Delhi to  ascertain
\nthat  the   collection,\t transportation\t  and  disposal\t  of
\ngarbage\/waste is  carried out  satisfactorily. The Board and
\nthe Committee shall file the reports in this Court by way of
\nan affidavit  after every  two months  for a  period of\t two
\nyears.\n<\/p>\n
6.   We\t direct\t the  Government  of  the  National  Capital
\nTerritory  of\tDelhi  to   appoint  Municipal\t Magistrates
\n(Metropolitan Magistrates)  under Section  469 of  the Delhi
\nAct and\t Section 375  of the  New Delhi Act for the trial of
\noffence under  these Acts.  Residents of  Delhi be  educated
\nthrough Doordarshan  and by  way  of  announcements  in\t the
\nlocalities that\t they shall  be liable\tfor penalty  in case
\nthey violate  any provisions  of the  Act in  the matter  of
\ncollecting and disposal of garbage and other wastes.\n<\/p>\n
7.   We direct\tthe Doordarshan through its Director General
\nto undertake a programme of educating the residents of Delhi
\nregarding their civic duties under the Delhi Act and the New
\nDelhi  Act.   This  shall  be  done  by\t making\t appropriate
\nannouncements, displays\t on the television. The residents of
\nDelhi  shall   be  educated  regarding\ttheir  duties  under
\nSections 354,  356 and\t357 of\tthe Delhi  Act\tand  similar
\nduties under  the New Delhi Act. They shall also be informed
\nabout the  penalties which  can be imposed under Section 465
\nof Delhi Act and similar provisions under the New Delhi Act.
\nThe MCD\t and the  NDMC shall also have announcements made by
\nway of\tpublic address\tsystem in  various  areas  in  Delhi
\ninforming the  residents of  their  duties  and\t obligations
\nunder the Delhi Act and the New Delhi Act.\n<\/p>\n
8.   The MCD  has placed  order for  the supply of about 200
\nTippers\t with\tthe  Ordinance\t Vehicle  Factory,  Jabalpur
\n(Government of\tIndia) in May, 1995. The Tippers have not as
\nyet been  supplied. We direct Secretary, Ministry of Defence
\nProduction, Government of India to have the Tippers supplied
\nto the\tMCD as\texpeditiously  as  possible  and  preferably
\nwithin three  months. The  Secretary shall file an affidavit
\nin this\t Court within six weeks indicating the progress made
\nin this respect.\n<\/p>\n
9.   The MCD has indicated that three SLF sites have already
\nbeen approved  by the Technical Committee of the DDA but the
\nsame have not been handed over to the MCD by the Development
\nCommissioner, Government of NCT of Delhi. Since Bhatti mines
\nare situated  within the  ridge area,  we do  not permit the
\nsame to\t be utilised  for the disposal of the solid waste as
\nat   present.\t We,   however,\t  direct   the\t Development
\nCommissioner, Government  of NCT  Delhi to hand over the two
\nsites, near  Badarpur on Jaitpur\/Tejpur Quiry Pits and Mandi
\nvillage near  Jaunpur Quiry  Pits. The sites shall be handed
\nover  to  the  MCD  within  three  months.  The\t Development
\nCommissioner shall  file an  affidavit in  this Court before
\nMarch 31, 1996 indicating the progress made in this respect.\n<\/p>\n
10.  The compost  plant at  Okhla be  revived and  put\tinto
\noperation. The\tMCD shall  start operating the plant, if not
\nalready operating,  with effect\t from June  1, 1996. The MCD
\nshall also  examine  the  construction\tof  four  additional
\ncompost plants\tas recommended\tby Jag\tMohan Committee. The
\nMCD shall  file an  affidavit in this Court within six weeks
\nindicating  the\t progress  made\t in  re-starting  the  Okhla
\ncompost plant and in the construction of four new plants.\n<\/p>\n
11. The\t MCD shall  not use the filled-up SLFs for any other
\npurpose\t except\t  forestry.  There  are\t twelve\t such  sites
\nincluding Rajiv\t Gandhi Smriti\tVan. We\t direct the  MCD  to
\ndevelop forests\t and gardens  on these 12 sites. The work of
\nafforestation shall  be undertaken  by the  MCD with  effect
\nfrom April  1, 1996.  An affidavit shall be filed by the end
\nof April indicating the progress made in this respect.\n<\/p>\n
12.  The MCD  and NDMC\tshall  construct\/install  additional
\ngarbage\t   collection\t  centers    in\t   the\t  form\t  of
\ndhalaos\/trolley\/steelbins within  four months.\tAn affidavit
\nin this\t respect shall\tbe filed by a responsible officer of
\neach of\t these authorities  within two months indicating the
\nprogress.\n<\/p>\n
13.  We\t direct\t  the  Union   of  India   and\t NCT   Delhi
\nAdministration\t through    their   respective\t appropriate
\nSecretaries to\tconsider, the requests from MCD and NDMC for
\nfinancial assistance,  in a  just  and\tfair  manner.  These
\nGovernments shall consider the grant of financial assistance
\nto the MCD and NDMC by way of subvention or any other manner
\nto enable  these authorities  to  fulfil  their\t obligations
\nunder law as directed by us.\n<\/p>\n
14. After  some time  it may  not be  possible to dispose of
\ngarbage\t  and\tsolid-waste   by   ‘SLF’   method   due\t  to
\nnonavailability\t of   sites.  We   direct  the\t NCT   Delhi
\nAdministration through\tits Chief Secretary and also the MCD
\nand NDMC  to join hands and engage an expert body like NEERI
\nto find\t out alternate\tmethod\/methods of  garbage and solid
\nwaste disposal.\t The NCT  Delhi\t Administration\t shall\tfile
\naffidavit  in\tthis  Court  within  two  months  indicating
\nprogress made  in this\trespect modalities  in\tour  interim
\norders from  time  to  time  have  been\t in  the  nature  of
\nsuggestions. We,  however, reiterate  that the\tMCD and\t the
\nNDMC must  keep the city clean by deploying all the means at
\ntheir disposal.\t We are\t issuing binding  directions in this
\nrespect in the operative part of the judgment.\n<\/p>\n
     It would  be  useful  at  this  stage  to\texamine\t the
\nrelevant provisions of the Delhi Act.\n<\/p>\n
     “42, Obligatory  functions\t of  the
\n     Corporation-   [Subject\tto   the
\n     provisions\t of  this  Act\tand  any
\n     other law\tfor the\t time  being  it
\n     shall   be\t   incumbent]\ton   the
\n     Corporation   to\t make\tadequate
\n     provision by  any means or measures
\n     which it  may lawfully use or take,
\n     for each  of the following matters,
\n     namely:\n<\/p><\/blockquote>\n
\t  (a)\t  the\t   construction,
\n     maintenance and  cleaning of drains
\n     and drainage  works and  of  public
\n     latrines,\t urinals   and\t similar
\n     conveniences;\n<\/p><\/blockquote>\n
\t  (c)  the  scavenging,\t removal
\n     and disposal  of filth, rubbish and
\n     other   obnoxious\t  or\tpolluted
\n     matters;\n<\/p><\/blockquote>\n
\t  (e)\tthe    reclamation    of
\n     unhealthy localities,  the\t removal
\n     of noxious vegetation and generally
\n     the abatement of all nuisances;\n<\/p><\/blockquote>\n
\t  (o) the lighting, watering and
\n     cleaning  of   public  streets  and
\n     other public places;\n<\/p><\/blockquote>\n
\t  (t)  the  laying  out\t or  the
\n     maintenance   of\t public\t  parks,
\n     gardens or recreation grounds,
\n\t  (wa) the  preparation of plans
\n     for economic development and social
\n     justice.\n<\/p><\/blockquote>\n
     43. Discretionary\tfunctions of the
\n     Corporation –\n<\/p><\/blockquote>\n
\t  (b)  the   establishment   and
\n     maintenance   of,\t and   aid,   to
\n     libraries, museums,  art galleries,
\n     botanical\t     or\t      zoological
\n     collections;\n<\/p><\/blockquote>\n
\t  (c)  the   establishment   and
\n     maintenance of, and aid, to stadia,
\n     gymnasia, akharas\tand  places  for
\n     sports and games;\n<\/p><\/blockquote>\n
\t  (d) the  planting and\t care of
\n     trees on roadsides and elsewhere;\n<\/p><\/blockquote>\n
\t  (i) the  providing of music or
\n     other  entertainments   in\t  public
\n     places or\tplaces of  public resort
\n     and the  establishment of\ttheaters
\n     and cinemas;\n<\/p><\/blockquote>\n
     (1)    the\t    construction     and\n     maintenance of\n     i) rest - houses,\n     ii) poor-houses,\n     iii) infirmaries,\n     iv) children's homes,\n<\/pre>\n
     v) houses for the deaf and dumb and
\n     for   disabled    and   handicapped
\n     children,\n<\/p><\/blockquote>\n
     vi)  shelters   for  destitute  and
\n     disabled persons,\n<\/p><\/blockquote>\n
     vii) asylums for persons of unsound
\n     mind;\n<\/p><\/blockquote>\n
     (q) the  provision\t for  relief  to
\n     destitute and disabled persons;\n<\/p><\/blockquote>\n
     (s) the organization, construction,
\n     maintenance   and\t management   of
\n     swimming pools, public wash houses,
\n     bathing\tplaces\t   and\t   other
\n     institutions   designed   for   the
\n     improvement of public health;
\n     (z)  the\tprovisions  of\t housing
\n     accommodation for\tthe  inhabitants
\n     of any  area or  for any  class  of
\n     inhabitants; and
\n     (za) any  measure not  hereinbefore
\n     specifically mentioned,  likely  to
\n     promote  public   safety,\t health,
\n     convenience or general welfare.\n<\/p><\/blockquote>\n
     59. Functions  of the Commissioner-
\n     Save as  otherwise provided in this
\n     Act, the entire executive power for
\n     the purpose  of  carrying\tout  the
\n     provisions of  this Act  and of any
\n     other Act\tfor the\t time  being  in
\n     force which  confers, any\tpower or
\n     imposes\tany    duty    on    the
\n     Corporation,  shall   vest\t in  the
\n     Commissioner who shall also-
\n     107A.   Constitution   of\t Finance
\n     Commission- (1)  The  Administrator
\n     shall, as\tsoon as\t may be,  within
\n     one year  from the\t commencement of
\n     the   Constitution\t  (Seventy-third
\n     Amendment) Act, 1992 and thereafter
\n     at the  expiration of  every  fifth
\n     year    constitute\t    a\t Finance
\n     Commission to  review the financial
\n     position of  the Corporation and to
\n     make   recommendations    to    the
\n     Administrator as to, –\n<\/p><\/blockquote>\n
     (a)  The\tprinciple  which  should
\n     govern,-\n<\/p><\/blockquote>\n
\t  (i) the  distribution\t between
\n     the National  Capital Territory  of
\n     Delhi and\tthe Corporation\t of  the
\n     net proceeds  of the taxes, duties,
\n     tolls  and\t fees  leviable\t by  the
\n     National Capital Territory of Delhi
\n     which may be divided between them;\n<\/p><\/blockquote>\n
\t  (ii) the  determination of the
\n     taxes, duties  tolls and fees which
\n     may be  assigned to or appropriated
\n     by the Corporation;\n<\/p><\/blockquote>\n
\t  (iii) the grants-in-aid to the
\n     Corporation from  the  consolidated
\n     fund  of\tthe   National\t Capital
\n     Territory of Delhi.\n<\/p><\/blockquote>\n
     108. Constitution of special funds-\n<\/p><\/blockquote>\n
     (1)    The\t   Corporation\t  shall,
\n     constitute\t such  special\tfund  or
\n     funds  as\t may  be  prescribed  by
\n     regulations and  such  other  funds
\n     necessary for  the purposes of this
\n     Act as may be so prescribed.
\n     (2) The  constitution and\tdisposal
\n     of such  funds shall be effected in
\n     the    manner    laid    down    by
\n     regulations.\n<\/p><\/blockquote>\n
     353.Duty of owners and occupiers to
\n     collect and  deposit rubbish,  etc.
\n     It shall  be the duty of the owners
\n     and occupiers of all premises –\n<\/p><\/blockquote>\n
     (a) to  have the premises swept and
\n     cleaned;\n<\/p><\/blockquote>\n
     (b) to cause all filth, rubbish and
\n     other polluted and obnoxious matter
\n     to\t  be\tcollected   from   their
\n     respective\t premises   and\t to   be
\n     deposited\tat  such  times\t as  the
\n     Commissioner,  by\t public\t  notice
\n     prescribes, in  public receptacles,
\n     depots  or\t  places   provided   or
\n     appointed under section 352 for the
\n     temporary deposit or final disposal
\n     thereof;\n<\/p><\/blockquote>\n
     (c) to  provide receptacles  of the
\n     type and  in the  manner prescribed
\n     by\t  the\tCommissioner   for   the
\n     collection therein\t of  all  filth,
\n     rubbish  and   other  polluted  and
\n     obnoxious matter from such premises
\n     and to  keep  such\t receptacles  in
\n     good condition and repair.\n<\/p><\/blockquote>\n
     354.  Collection\tand  removal  of
\n     filth and\tpolluted matter-It shall
\n     be\t the   duty  of\t the  owner  and
\n     occupier of  every premises situate
\n     in any  portion of\t Delhi in  which
\n     there is  not a  latrine, or urinal
\n     connected\tby   a\tdrain\twith   a
\n     municipal drain, to cause all filth
\n     and polluted  and obnoxious  matter
\n     accumulation upon\tsuch premises to
\n     be collected  and\tremoved\t to  the
\n     nearest   receptacle    or\t   depot
\n     provided  for  this  purpose  under
\n     section 352  at such times, in such
\n     vehicle or vessel by such route and
\n     with  such\t  precautions\tas   the
\n     Commissioner may  by public  notice
\n     prescribe.\n<\/p><\/blockquote>\n
     356.Removal   of\trubbish,   etc.,
\n     accumulated  on  premises\tused  as
\n     factories,\t workshops   etc.   -The
\n     Commissioner may, if he thinks fit,\n<\/p><\/blockquote>\n
     (a) by  written notice  require the
\n     owner or  occupier of  any premises
\n     used   for\t   carrying    on    any
\n     manufacture, trade\t or business  or
\n     used as  factory,\tworkshop,  trade
\n     premises or market or in any way so
\n     that  rubbish,   filth  and   other
\n     polluted and  obnoxious matter  are
\n     accumulated in large quantities, to
\n     collect all such rubbish, filth and
\n     other polluted and obnoxious matter
\n     accumulating thereon  and to remove
\n     the same  at such times and in such
\n     carts or  receptacles and\tby  such
\n     routes as\tmay be\tspecified in the
\n     notice to a depot or place provided
\n     or appointed under section 352, or\n<\/p><\/blockquote>\n
     (b)  after\t giving\t such  owner  or
\n     occupier notice  of his  intention,
\n     cause all\trubbish, filth and other
\n     polluted\tand   obnoxious\t  matter
\n     accumulated in  such premises to be
\n     removed, and  charge the said owner
\n     or occupier  for such  removal such
\n     fee as  may, with\tthe sanction  of
\n     the    Standing\tCommittee,    be
\n     specified\tin   the  notice  issued
\n     under clause (a)\n<\/p><\/blockquote>\n
     357.      Prohibition\t against
\n     accumulation of  rubbish, etc.-  No
\n     owner or  occupier of  any premises
\n     shall keep\t or allow to be kept for
\n     more  than\t twenty\t four  hours  or
\n     otherwise\t than\t in   receptacle
\n     approved by  the Commissioner,  any
\n     rubbish, filth  and other\tpolluted
\n     and  obnoxious   matter   on   such
\n     premises  or  any\tplace  belonging
\n     thereto or neglect to employ proper
\n     means to remove such rubbish, filth
\n     and other\tpolluted  and  obnoxious
\n     matter  from,  or\tto  clean,  such
\n     receptacle and  to dispose\t of such
\n     rubbish, filth  and other\tpolluted
\n     and obnoxious  matter in the manner
\n     directed by  the  Commissioner,  or
\n     fail to comply with any requisition
\n     of\t the   Commissioner  as\t to  the
\n     construction,  repair,  payment  or
\n     cleaning of  any latrine, or urinal
\n     on or belonging to the premises.\n<\/p><\/blockquote>\n
     465. General  penalty-  Whoever  in
\n     any case  in which a penalty is not
\n     expressly\tprovided  by  this  act,
\n     fails to  comply with  any\t notice,
\n     order or  requisition issued  under
\n     any provision thereof, or otherwise
\n     contravenes any of the provision of
\n     this Act  shall be\t punishable with
\n     fine  which   may\textend\t to  one
\n     hundred rupees  and in  the case of
\n     continuing failure or contravention
\n     with an  additional fine  which may
\n     extend to\ttwenty rupees  for every
\n     day after the first during which he
\n     has persisted  in\tthe  failure  or
\n     contravention.\n<\/p><\/blockquote>\n
     469. Municipal magistrates- (1) The
\n     Government may  appoint one or more
\n     [Metropolitan Magistrates]\t for the
\n     trial of  offences against this act
\n     and against any rule, regulation or
\n     bye-law  made  thereunder\tand  may
\n     prescribe the  time  and  place  at
\n     which    such     magistrate     or
\n     magistrates  shall\t  sit  for   the
\n     despatch of business.\n<\/p><\/blockquote>\n
     486. Inspection   –   The\t Central
\n     Government [or  the Government] may
\n     depute any person in the service of
\n     government to  inspect  or\t examine
\n     any municipal  department or office
\n     or any  service or\t work undertaken
\n     by the  Corporation or  any of  the
\n     Municipal\t authorities\tor   any
\n     property\tbelong\t  in   got   the
\n     Corporation and  to report\t thereon
\n     and  the\tCorporation  and   every
\n     municipal\t authority    and    all
\n     municipal\t officers    and   other
\n     municipal employees  shall be bound
\n     to afford\tthe  person  so\t deputed
\n     access at\tall reasonable\ttimes to
\n     the premises  and properties of the
\n     Corporation  and  to  all\trecords,
\n     accounts and  other  documents  the
\n     inspection of which he may consider
\n     necessary\t to    enable\thim   to
\n     discharge his duties.\n<\/p><\/blockquote>\n
     487.    Directions\t   by\t Central
\n     Government –  (1)\tIf  [whether  or
\n     receipt of\t a report  or on receipt
\n     of]  any\tinformation  or\t  report
\n     obtained  under   section\t485   of
\n     section  486   or\totherwise,   the
\n     Central Government is of opinion –\n<\/p><\/blockquote>\n
     (a) that  any duty\t imposed on  the
\n     Corporation   or\t any   municipal
\n     authority by  or under this Act has
\n     not  been\tperformed  or  has  been
\n     performed\t  in\tan    imperfect,
\n     insufficient or  unsuitable manner,
\n     or\n<\/p><\/blockquote>\n
     (b)   that\t   adequate    financial
\n     provision has not been made for the
\n     performance of  any such  duty,  it
\n     may direct\t the Corporation  or the
\n     municipal\t authority    concerned,
\n     within such  period  as  it  thinks
\n     fit, to  make  arrangements  to  it
\n     satisfaction   for\t   the\t  proper
\n     performance of  the duty, or as the
\n     case  may\tbe,  to\t make  financial
\n     provision to  its satisfaction  for
\n     the performance of the duty and the
\n     Corporation   or\t the   municipal
\n     authority\tconcerned  shall  comply
\n     with such direction.\n<\/p><\/blockquote>\n
\t  Provided that,  unless in  the
\n     opinion of\t the Central  Government
\n     the  immediate  execution\tof  such
\n     order is necessary, it shall before
\n     making  any  direction  under  this
\n     section give the Corporation or the
\n     municipal\tauthority  concerned  an
\n     opportunity of  showing  cause  why
\n     such direction should not be made\n<\/p><\/blockquote>\n
     488.Power\t  to\t provide     for
\n     enforcement  of   direction   under
\n     section 487-  If, within the period
\n     fixed by  a  direction  made  under
\n     sub-section (1) of section 487, any
\n     action the taking of which has been
\n     directed under that sub section has
\n     not been  duly taken,  the\t Central
\n     Government\t may  make  arrangements
\n     for the  taking of\t such action and
\n     may  direct   that\t  all\texpenses
\n     connected\t therewith    shall   be
\n     defrayed  out   of\t the   Municipal
\n     Fund.”\n<\/p><\/blockquote>\n
     Similarly, NDMC  is governed  by  the  New\t Delhi\tAct.\n<\/p><\/blockquote>\n
Sections 11,  12, 53, 261, 263, 264, 265, 266, 267 & 375 are
\nsome of the provisions of the New Delhi Act which are pari
\nmateria to  the relevant  provisions of the Delhi Act. It is
\nclear from  various provisions\tof the Delhi Act and the New
\nDelhi Act that the MCD and the NDMC are under a statutory
\nobligation to  scavenge and  clean the\tcity of Delhi. It is
\nmandatory for  these authorities  to collect  and dispose of
\nthe garbage\/waste  generated from  various  sources  in\t the
\ncity. We  have no  hesitation in  observing that the MCD and
\nthe NDMC have been wholly remiss in the performance of their
\nstatutory duties. Apart from the rights guaranteed under the
\nConstitution the  residents of\tDelhi have a statutory right
\nto live\t in a  clean  city.  The  courts  are  justified  in
\ndirecting the MCD and NDMC to perform their duties under the
\nlaw. Non  availability of  funds, inadequacy or inefficiency
\nof the\tstaff, insufficiency  of machinery  etc.  cannot  be
\npleaded as  grounds for\t non-performance of  their statutory
\nobligations .\n<\/p>\n
     In Ratlam\tMunicipality vs.  Vardhichand  AIR<\/a>  1980  SC
\n1622, the  question before  this Court was whether the order
\nof the trial court as upheld by the High Court directing the
\nRatlam Municipality  to draft  a plan  within six months for
\nthe removal of nuisance caused by the open drains and public
\nexcretion by  the nearby  slum dwellers\t could be sustained.
\nThis Court  speaking through  Krishna Iyer,J.  dismissed the
\nappeal of the municipality and held as under:\n<\/p>\n
     “Why drive\t common people to public
\n     interest  action?\tWhere  Directive
\n     Principles\t have\tfound  statutory
\n     expression in  Do’s and  Dont’s the
\n     court will\t not  sit  idly\t by  and
\n     allow   municipal\t government   to
\n     become a statutory mockery. The law
\n     will relentlessly\tbe enforced  and
\n     the plea  of poor\tfinance will  be
\n     poor alibi\t when people  in  misery
\n     cry for  justice. The  dynamics  of
\n     the  judicial  process  has  a  new
\n     ‘enforcement’ dimension  not merely
\n     through some  of the  provisions of
\n     the  Criminal  Procedure  Code  (as
\n     here), but\t also through  activated
\n     tort consciousness. The officers in
\n     charge   and   even   the\t elected
\n     representatives will  have to  face
\n     the penalty  of the law if what the
\n     Constitution     and      follow-up
\n     legislation direct\t them to  do are
\n     defied or\tdefied\twrongfully.  The
\n     wages of  violation is  punishment,
\n     corporate and personal.”\n<\/p><\/blockquote>\n
Reminding the  State Government\t of  its  duties  under\t the
\nConstitution of India, Krishna Iyer, J. observed as under:-\n<\/p>\n
     “We  are\tsure  that   the   State
\n     Government will  make available  by
\n     way of  loans or  grants sufficient
\n     financial\t aid   to   the\t  Ratlam
\n     Municipality to enable it to fulfil
\n     its obligations  under this  order.
\n     The State will realise that Art. 47
\n     makes it  a paramount  principle of
\n     governance\t that  steps  are  taken
\n     ‘for  the\t improvement  of  public
\n     health  as\t  amongst  its\t primary
\n     duties’. The municipality also will
\n     slim its  budget  on  low\tpriority
\n     items and\telitist projects  to use
\n     the  savings   on\tsanitation   and
\n     public  health.   It  is\tnot  our
\n     intention that  the ward  which has
\n     woken up  to its  rights alone need
\n     be\t  afforded    these   elementary
\n     facilities. We expect all the wards
\n     to\t    be\t   benefited\t without
\n     litigation.”<\/p><\/blockquote>\n
     In the  light of  the facts  and circumstances  noticed
\nabove and  also keeping\t in view the suggestions made by the
\nlearned counsel\t assisting us in this petition, we issue the
\nfollowing directions:-\n<\/p>\n
1. We  approve the  experimental schemes  placed before this
\nCourt by  MCD and  NDMC whereunder  certain localities\thave
\nbeen selected  for distribution\t of polythene  bags, door to
\ndoor collection of garbage and its disposal.\n<\/p>\n
     We direct\tthe MCD through Commissioner appointed under
\nSection 54  of the  Delhi Act  and all other officers of the
\nMCD (particularly  Mr. Narang  and  Mr.\t Tirath\t Raj.  Joint
\nDirectors) to  have the\t city of Delhi scavenged and cleaned
\neveryday. The  garbage\/waste shall be lifted from collection
\ncenters every  day and\ttransported to\tthe designated place
\nfor disposal.\n<\/p>\n
     All recepticals\/collection\t centers shall be kept clean
\nand tidy  everyday. The\t garbage\/rubbish shall\tnot be found
\nspread around the collection centers and on the roads.\n<\/p>\n
     We issue  similar directions to the NDMC through S\/Shri
\nBaleshwar Rai,\tAdministrator,\tLal  Chand,  Chief  Sanitary
\nInspector, Dr.G.S.  Thind, Deputy  Medical Officer of Health
\nand Dr. V.N. Reu, Chief Medical Officer.\n<\/p>\n
2.   We\t direct\t Government  of\t India,\t through  Secretary,
\nMinistry of Health, Government of National Capital Territory
\nof Delhi through Secretary, medical and Public Health, MCD
\nthrough its  Commissioner and NDMC through its Administrator
\nto  construct\tand  install   incinerators   in   all\t the
\nhospitals\/nursing homes, with 50 beds and above, under their
\nadministrative control.\t This may  be done preferably within
\nnine  months.\tA  responsible\tofficer\t of  each  of  these
\nauthorities shall file an affidavit in this Court within two
\nmonths indicating the progress made in this respect.\n<\/p>\n
3.   We direct\tthe All India Institute of Medical Sciences,
\nNew Delhi  through its Director to install sufficient number
\nof incinerators,  or  an  equally  effective  alternate,  to
\ndispose of  the hospital  waste.   to indicate\tthe progress
\nmade in this respect.\n<\/p>\n
4.   We direct\tthe MCD and NDMC to issue notices to all the
\nprivate hospitals\/nursing  homes in  Delhi to make their own
\narrangements for  the disposal of their garbage and hospital
\nwaste. They be asked to construct their own incinerators. In
\ncase these  hospitals are  permitted to\t use facilities (for
\ncollection, transportation and disposal of garbage) provided
\nby the\tMCD and\t NDMC then they may be asked to pay suitable
\ncharges for the service rendered in accordance with law.\n<\/p>\n
5.   We direct\tthe Central  Pollution Control Board and the
\nDelhi Pollution\t Committee to  regularly send its inspection
\nteams in  different areas  of Delhi\/New\t Delhi to  ascertain
\nthat  the   collection,\t transportation\t  and  disposal\t  of
\ngarbage\/waste is  carried out  satisfactorily. The Board and
\nthe Committee shall file the reports in this Court by way of
\nan affidavit  after every  two months  for a  period of\t two
\nyears.\n<\/p>\n
6.   We\t direct\t the  Government  of  the  National  Capital
\nTerritory  of\tDelhi  to   appoint  Municipal\t Magistrates
\n(Metropolitan Magistrates)  under Section  469 of  the Delhi
\nAct and\t Section 375  of the  New Delhi Act for the trial of
\noffence under  these Acts.  Residents of  Delhi be  educated
\nthrough Doordarshan  and by  way  of  announcements  in\t the
\nlocalities that\t they shall  be liable\tfor penalty  in case
\nthey violate  any provisions  of the  Act in  the matter  of
\ncollecting and disposal of garbage and other wastes.\n<\/p>\n
7.   We direct\tthe Doordarshan through its Director General
\nto undertake a programme of educating the residents of Delhi
\nregarding their civic duties under the Delhi Act and the New
\nDelhi  Act.   This  shall  be  done  by\t making\t appropriate
\nannouncements, displays\t on the television. The residents of
\nDelhi  shall   be  educated  regarding\ttheir  duties  under
\nSections 354,  356 and\t357 of\tthe Delhi  Act\tand  similar
\nduties under  the New Delhi Act. They shall also be informed
\nabout the  penalties which  can be imposed under Section 465
\nof Delhi Act and similar provisions under the New Delhi Act.
\nThe MCD\t and the  NDMC shall also have announcements made by
\nway of\tpublic address\tsystem in  various  areas  in  Delhi
\ninforming the  residents of  their  duties  and\t obligations
\nunder the Delhi Act and the New Delhi Act.\n<\/p>\n
8.   The MCD  has placed  order for  the supply of about 200
\nTippers\t with\tthe  Ordinance\t Vehicle  Factory,  Jabalpur
\n(Government of\tIndia) in May, 1995. The Tippers have not as
\nyet been  supplied. We direct Secretary, Ministry of Defence
\nProduction, Government of India to have the Tippers supplied
\nto the\tMCD as\texpeditiously  as  possible  and  preferably
\nwithin three  months. The  Secretary shall file an affidavit
\nin this\t Court within six weeks indicating the progress made
\nin this respect.\n<\/p>\n
9.   The MCD has indicated that three SLF sites have already
\nbeen approved  by the Technical Committee of the DDA but the
\nsame have not been handed over to the MCD by the Development
\nCommissioner, Government of NCT of Delhi. Since Bhatti mines
\nare situated  within the  ridge area,  we do  not permit the
\nsame to\t be utilised  for the disposal of the solid waste as
\nat   present.\t We,   however,\t  direct   the\t Development
\nCommissioner, Government  of NCT  Delhi to hand over the two
\nsites, near  Badarpur on Jaitpur\/Tejpur Quiry Pits and Mandi
\nvillage near  Jaunpur Quiry  Pits. The sites shall be handed
\nover  to  the  MCD  within  three  months.  The\t Development
\nCommissioner shall  file an  affidavit in  this Court before
\nMarch 31, 1996 indicating the progress made in this respect.\n<\/p>\n
10.  The compost  plant at  Okhla be  revived and  put\tinto
\noperation. The\tMCD shall  start operating the plant, if not
\nalready operating,  with effect\t from June  1, 1996. The MCD
\nshall also  examine  the  construction\tof  four  additional
\ncompost plants\tas recommended\tby Jag\tMohan Committee. The
\nMCD shall  file an  affidavit in this Court within six weeks
\nindicating  the\t progress  made\t in  re-starting  the  Okhla
\ncompost plant and in the construction of four new plants.\n<\/p>\n
11. The\t MCD shall  not use the filled-up SLFs for any other
\npurpose\t except\t  forestry.  There  are\t twelve\t such  sites
\nincluding Rajiv\t Gandhi Smriti\tVan. We\t direct the  MCD  to
\ndevelop forests\t and gardens  on these 12 sites. The work of
\nafforestation shall  be undertaken  by the  MCD with  effect
\nfrom April  1, 1996.  An affidavit shall be filed by the end
\nof April indicating the progress made in this respect.\n<\/p>\n
12.  The MCD  and NDMC\tshall  construct\/install  additional
\ngarbage\t   collection\t  centers    in\t   the\t  form\t  of
\ndhalaos\/trolley\/steelbins within  four months.\tAn affidavit
\nin this\t respect shall\tbe filed by a responsible officer of
\neach of\t these authorities  within two months indicating the
\nprogress.\n<\/p>\n
13.  We\t direct\t  the  Union   of  India   and\t NCT   Delhi
\nAdministration\t through    their   respective\t appropriate
\nSecretaries to\tconsider, the requests from MCD and NDMC for
\nfinancial assistance,  in a  just  and\tfair  manner.  These
\nGovernments shall consider the grant of financial assistance
\nto the MCD and NDMC by way of subvention or any other manner
\nto enable  these authorities  to  fulfil  their\t obligations
\nunder law as directed by us.\n<\/p>\n
14. After  some time  it may  not be  possible to dispose of
\ngarbage\t  and\tsolid-waste   by   ‘SLF’   method   due\t  to
\nnonavailability\t of   sites.  We   direct  the\t NCT   Delhi
\nAdministration through\tits Chief Secretary and also the MCD
\nand NDMC  to join hands and engage an expert body like NEERI
\nto find\t out alternate\tmethod\/methods of  garbage and solid
\nwaste disposal.\t The NCT  Delhi\t Administration\t shall\tfile
\naffidavit  in\tthis  Court  within  two  months  indicating
\nprogress made in this respect.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 Equivalent citations: 1996 SCC (2) 594, JT 1996 (3) 38 Author: K Singh Bench: Kuldip Singh (J) PETITIONER: DR.B.L.WADEHRA Vs. RESPONDENT: UNION OF INDIA & ORS. DATE OF JUDGMENT: 01\/03\/1996 BENCH: KULDIP SINGH (J) BENCH: KULDIP SINGH (J) AHMAD SAGHIR […]<\/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-91571","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nDr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 - 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\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\" \/>\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=\"1996-02-29T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2015-09-28T01:43:44+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=\"51 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996\",\"datePublished\":\"1996-02-29T18:30:00+00:00\",\"dateModified\":\"2015-09-28T01:43:44+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\"},\"wordCount\":10038,\"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\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\",\"name\":\"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 - Free Judgements of Supreme Court & High Court | Legal India\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#website\"},\"datePublished\":\"1996-02-29T18:30:00+00:00\",\"dateModified\":\"2015-09-28T01:43:44+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996\"}]},{\"@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":"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 - 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\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996","og_locale":"en_US","og_type":"article","og_title":"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 - Free Judgements of Supreme Court & High Court | Legal India","og_url":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996","og_site_name":"Free Judgements of Supreme Court & High Court | Legal India","article_publisher":"https:\/\/www.facebook.com\/LegalindiaCom\/","article_published_time":"1996-02-29T18:30:00+00:00","article_modified_time":"2015-09-28T01:43:44+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":"51 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#article","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996"},"author":{"name":"Legal India Admin","@id":"https:\/\/www.legalindia.com\/judgments\/#\/schema\/person\/0bfdffe9059fb8bb24a86d094609c5ea"},"headline":"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996","datePublished":"1996-02-29T18:30:00+00:00","dateModified":"2015-09-28T01:43:44+00:00","mainEntityOfPage":{"@id":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996"},"wordCount":10038,"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\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996","url":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996","name":"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996 - Free Judgements of Supreme Court & High Court | Legal India","isPartOf":{"@id":"https:\/\/www.legalindia.com\/judgments\/#website"},"datePublished":"1996-02-29T18:30:00+00:00","dateModified":"2015-09-28T01:43:44+00:00","breadcrumb":{"@id":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.legalindia.com\/judgments\/dr-b-l-wadehra-vs-union-of-india-ors-on-1-march-1996#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.legalindia.com\/judgments\/"},{"@type":"ListItem","position":2,"name":"Dr.B.L.Wadehra vs Union Of India & Ors on 1 March, 1996"}]},{"@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\/91571","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=91571"}],"version-history":[{"count":0,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/posts\/91571\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/media?parent=91571"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/categories?post=91571"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.legalindia.com\/judgments\/wp-json\/wp\/v2\/tags?post=91571"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}