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News Item Published In Hindustan Times Titled "And Quiet Flows The Maily Yamuna", In Re
Factual and Procedural Background
The writ petition titled “A Quiet Flows Maily Yamuna” (W.P. (C) No. 725 of 1994) was initiated suo motu by the Supreme Court of India after it took cognisance of an article published in the Hindustan Times on 18-7-1994 highlighting the alarming pollution levels in the River Yamuna. An attempt to broaden the petition’s scope—through I.A. No. 27 seeking interlinking of all major Indian rivers—was declined; that application was instead registered as W.P. (C) No. 512 of 2002 and separately disposed of. Consequently, the present petition remains confined to pollution in the Yamuna across Delhi, Haryana and Uttar Pradesh. Despite being on the Court’s docket for roughly 18 years, the matter has not yet been finally disposed of.
Legal Issues Presented
- Whether effective mechanisms—including construction and operation of sewage-treatment plants—have been established to prevent untreated sewage, trade effluent and other pollutants from entering the River Yamuna in Delhi, Haryana and Uttar Pradesh.
- Whether the relevant State Governments and agencies have appointed consultants, constituted committees and incurred expenditure in a manner that meaningfully advances the objective of making the Yamuna pollution-free.
- Whether prior Court directions (particularly those issued on 7-9-2005 and 12-4-2005) have been complied with by authorities such as the Delhi Jal Board and the Noida Authority.
- What remedial and enforcement steps should now be ordered to ensure timely and effective abatement of pollution and to facilitate final disposal of this long-pending writ petition.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| (2009) 17 SCC 716 (Order dated 7-9-2005 in this matter) | Earlier directions issued by the Supreme Court to curb Yamuna pollution. | The Delhi Jal Board and Noida Authority are directed to file action-taken reports demonstrating compliance with this earlier order. |
| (2009) 17 SCC 708 (Order dated 12-4-2005 in this matter) | Additional directions concerning pollution control and infrastructural measures along the Yamuna. | Authorities must report on steps taken pursuant to these directions, as part of the affidavits now ordered. |
Court's Reasoning and Analysis
The Court noted the extraordinary delay—approximately 18 years—in resolving the petition and emphasised the continuing deterioration of Yamuna’s water quality. Recognising that piecemeal orders had failed to achieve the statutory objective under the Environment (Protection) Act, the Bench determined that a comprehensive, data-driven approach was necessary before issuing conclusive directions.
Accordingly, the Court:
- Enumerated specific information requirements (on sewage-treatment infrastructure, consultancy reports, committee recommendations, expenditure and audits) that each concerned authority must address through sworn affidavits.
- Directed the Central Pollution Control Board to collect and analyse water samples from Haryana, Delhi and Uttar Pradesh up to Agra, thereby obtaining a scientific baseline for future orders.
- Ordered the Delhi Jal Board and Noida Authority to submit action-taken reports expressly referencing compliance with earlier Supreme Court orders.
- Set a strict six-week timeline for filing the required affidavits, warning that no further adjournments would be granted.
This structured information-gathering exercise, the Court reasoned, is essential to craft final, enforceable directions capable of rendering the Yamuna pollution-free and thereby concluding the long-pending litigation.
Holding and Implications
ORDER: The concerned parties and departmental heads are directed to file detailed affidavits addressing the enumerated issues within six weeks; the matter is listed for further hearing thereafter, and no further adjournment will be granted.
Implications: The order does not finally dispose of the writ petition but imposes a strict compliance framework on multiple government bodies. Its immediate effect is to compel production of comprehensive factual data, expenditure audits and compliance reports, thereby paving the way for substantive, potentially coercive orders in the next hearing. No new legal precedent is created, but the order reinforces the Court’s supervisory role over environmental governance.
Order
1. Today, when the matter reached hearing, we have informed the learned counsel appearing for the respective parties that following issues arising in this petition are required to be complied with. They are as follows:
Steps required to be taken in ‘A Quiet Flows Maily Yamuna’ [Writ Petition (Civil) No. 725 of 1994]
1.1 This writ petition came to be registered on a suo motu notice issued by this Court upon an article published in Hindustan Times dated 18-7-1994.
1.2 The scope of this petition was even sought to be enlarged by filing an application being IA No. 27 in this writ petition praying for interlinking of all major rivers in India. This prayer was not granted by the Court, but IA No. 27 was ordered to be independently registered as Writ Petition (Civil) No. 512 of 2002, which has been disposed of vide a separate judgment by this very Bench today.
1.3 Therefore, in the present writ petition, this Court is concerned only with the pollution being caused to River Yamuna and complete deterioration in the quality of water in the said river, not only in Delhi, but also in the States of Haryana and Uttar Pradesh.
1.4 This writ petition is of the year 1994 and has been pending in this Court since then (approximately for a period of 18 years).
1.5 This Court should find appropriate ways to pass such orders which would dispose of this petition while attaining the object of making the Yamuna pollution free. It should also ensure that no person, including corporations or other industries, discharge their sewage, trade or other effluents directly into Yamuna, without treating the same in accordance with the provisions of the Environment Protection Act.
1.6 In order to have a complete background of this case and the directions required to be passed by this Court, it is required that:
1.6.1 The learned counsel appearing for the parties be directed to file written submissions supported by an affidavit stating the complete background of the case according to that authority, litigant or industry.
1.6.2 Whether any treatment plants have been constructed by the public authorities, in particular for treatment of sewage before its discharge into River Yamuna at Delhi, Haryana and the districts of Uttar Pradesh.
1.7 If the answer to the same is in affirmative, then its details and if the same is in the negative, its reasons. It may also be stated as to why was it not possible for the authorities concerned to construct such treatment plants and ensure their functioning even after lapse of such a long period of time. If they could not be made operational, why the alternative systems of sewage or trade disposal were not adopted rather then discharging metric cubic tonnes of discharge into Yamuna River.
1.8 Whether any of the State Governments and particularly Haryana, Delhi and Uttar Pradesh has appointed Consultants to finalise the design and places of installation of sewerage treatment plants. If so, whether such experts have submitted their reports to the State Governments and what action has been taken by the respective State Governments.
1.9 Committees: How many committees have been appointed under the orders of this Court or otherwise, by the State Governments, directly with reference to this writ petition. Details with regard to the functioning of these committees, analysis of the reports, if any, submitted by the said committees and implementation of their reports, may also be furnished.
1.10 Costing: How much expenditure has so far been incurred by the Central or the respective State Governments on the projects relating to cleaning and making Yamuna River free of pollution and the details of such projects on which such expenditures have been incurred by the respective States.
1.11 Whether audit of such expenditure has been done by any competent authority i.e CAG or the State Accounts Department, if so, the particulars of the reports and if any objections were taken/pointed out.
1.12 Delhi Jal Board and Noida Authority shall submit action-taken reports in furtherance to the orders dated 7-9-2005 (2009) 17 SCC 716 and 12-4-2005 (2009) 17 SCC 708.
1.13 Steps taken by all the authorities in relation to control of Yamuna water pollution caused by illegal occupants on either side of the river in all the States.
1.14 The Central Water Pollution Control Board shall take samples of water of River Yamuna from the States of Haryana, Delhi and Uttar Pradesh till Agra and submit its report within four weeks.”
2. The parties are hereby directed to comply with each of the above issues as expeditiously as possible and preferably within six weeks from today and the Head of the departments concerned will file their respective affidavits in this regard.
3. The writ petition shall stand over for six weeks. No further adjournment will be given.
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