Holding

MCD and NDMC are mandatorily bound to perform their statutory duties of scavenging and cleaning Delhi, and lack of resources is not a valid defence; the Court may issue binding directions under Article 32 to enforce these duties.

Summary

Dr. B.L. Wadehra filed a writ petition under Article 32 of the Constitution seeking directions to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC) to perform their statutory duties of collecting, removing and disposing of garbage and other waste. The petition highlighted the severe pollution in Delhi and argued that residents have a statutory right to live in a clean city under Articles 21, 48A and 51(g). The Supreme Court examined the provisions of the Delhi Municipal Corporation Act, 1957 and the New Delhi Municipal Council Act, 1994, holding that the authorities are mandatorily obligated to scavenge and clean the city and that lack of funds or staff cannot be a defence. The Court issued detailed, binding directions for daily scavenging, construction of incinerators, deployment of equipment, public education and financial assistance. The petition was disposed of with the Court’s directions, and the authorities were ordered to file affidavits reporting compliance.

Issues considered

The extent of statutory obligations of MCD and NDMC under the Delhi Municipal Corporation Act and the New Delhi Municipal Council Act to collect, remove and dispose of waste.
Whether non‑availability of funds, staff or machinery can excuse non‑performance of these statutory duties.
Whether the Supreme Court can issue binding directions under Article 32 to enforce municipal statutory duties.
Whether residents have a statutory right to a clean city enforceable under Articles 21, 48A and 51(g) of the Constitution.

Legislation cited

Delhi Municipal Corporation Act, 1957s. 354, s. 356, s. 357, s. 465, s. 469
New Delhi Municipal Council Act, 1994s. 11, s. 12, s. 261, s. 263, s. 264, s. 267, s. 375, s. 53

Subjects

environmental lawright to clean environmentmunicipal statutory dutygarbage disposalpublic healthArticle 32contempt of courtDelhi

Judgment

A DR. B.L. WADEHRA
v.
UNION OF INDIA AND ORS.

MARCH 1, 1996

B [KULDIP SINGH AND S. SAGHIR AHMAD, JJ.]

Constitution of India-Articles 21, 48A & 5J(g)-Writ Petition-Prayer
for directions to Municipal Corporation of Delhi and New Delhi Municipal
Council to petfonn their statutory duties-Duty of collection, removal and
C disposal of garbage and other waste-Statutory right of residents to live in
clean city-Binding directions issued-MCD and NDMC must keep the city
clean by deploying all means at their disposal-Statutory obligations.

Delhi Municipal Corporation Act, 1957-Sections 354, 356, 357,
465-New Delhi Municipal Council Act, 1994-Sections 11, 12, 53, 261, 263,
D 264, 267, 37~Statutory duties of MCD and NDMC-Obligation to scavenge
and clean city of Delhi-Mandatory for these authorities to collect and
dispose of garbage/waste generated from various sources-Non-availability of
funds, inadequacy or inefficiency of staff, machinery etc.-No grounds for non
petfonnance of their statutory duties.
E
The petitioner filed the petition under Article 32 of the Constitution
of India seeking directions to the Municipal Corporation of Delhi and the
New Delhi Municipal Corporation to perform their statutory duties in
particular the collection, removal and disposal of garbage and other waste
considering that Delhi is one of the most polluted cities in the world and "'
F the authorities responsible for pollution control and environment protec-
tion are wholly remiss in the discharge of their duties under law.

Disposing of Writ Petition, this Court

HELD: 1. The MCD and NDMC are under a statutory obligation to
G scavenge and clean the city of Delhi. It is mandatory for these authorities
to collect and dispose of the garbage/waste generated from various sources
in the city. The MCD and NDMC have been wholly remiss in the perfor·
mance of their statutory duties. Apart from the right guaranteed under the
Constitution the residents of Delhi have a statutory right to live in a clean
H city. The courts are justified in directing the MCD and NDMC to perform
80
)
B.L WADEHRAv. U.0.1. 81

their duties under the law. Non-availability of funds, inadequacy or inef· A
ficiency of the staff, insufficiency of machinery etc. cannot be pleaded as
grounds for non-performance of their statutory obligations. [99-B-D)

2. It is directed that :

1. The experimental schemes placed before this Court by MCD and B
NDMC whereunder certain localities have been selected for distribution of
polythene bags,_ door to door collection of garbage and its disposal are
approved. The MCD through Commissioner appointed under Section 54 of
Delhi Act and all other officers of the MCD are directed to have the city of
Delhi scavenged and cleaned everyday. The garbage/waste shall be lifted C
from collection centres everyday and transported to the designated place
for disposal. All receptacles/collection centres shall be kept clean and tidy
everyday. The garbage/rubbish shall not be found spread around the collec·
tion centres and on the roads. The same shall apply to NDMC. [100-E-G]

2. Government of India, Ministry of Health, Government of National· D
Capital Territory of Delhi, Medical and Public Health, MCD and NDMC
are directed to construct and instal incinerators in all the Hospital/Nurs·
ing Homes, with 50 beds and above, under their administrative control.
This may be done preferably within nine months. [101-A]

3. The All India Institute of Medical Sciences, New Delhi shall instal E
sufficient number of incinerators, or an equally efl'ective alternate, to
dispose of the hospital waste. [101-C]

4. The MCD and NDMC shall issue notices to all the private hospi-
tals/nursing homes in Delhi to make their own arrangements for the
disposal of their garbage and hospital waste. They be asked to construct F
their own incinerators. In case these hospitals are permitted to use
facilities (for collection, transportation and disposal of garbage) provided
by the MCD and NDMC then they may be asked to pay suitable charges
for the service rendered in accordance with law. [101-D]
• G
5. The Central Pollution Control Board and the Delhi Pollution
Committee shall regularly send its inspection team in different areas of
Delhi/New Delhi to ascertain that the collection, transporation and dis-
posal of garbage/waste is carried out satisfactorily. [101-E)

6. The Government of the National Capital Territory of Delhi shall H
82 SUPREME COURT REPORTS [1996] 3 S.C.R.

A appoint Municipal Magistrates (Metropolitan Magistrates) under Section
469 of the Delhi Municipal Corporation Act (Delhi Act) and Section 375
of the New Delhi Municipal Council Act (New Delhi Act) for the trial of
ollence under these Acts. Residents of Delhi be educated through Door-
darshan and by way of announcements in the localities that they shall be
B liable for penalty in case they violate any provisions of the Act in the matter
of collecting and disposal of garbage and other wastes. [101-G]

7. The Doordarshan shall undertake a programme of educating the
residents of Delhi regarding their civic duties. This shall be done by making
appropriate announcements, displays on the television. The residents of
C Delhi shall be educated regarding their duties under Sections 354, 356 and
357 of the Delhi Act and similar duties under the New Delhi Act. They shall
also be informed about the penalties which can be imposed under Section
465 of Delhi Act and similar provisions under the New Delhi Act. The MCD
and NDMC shall also have announcements made by way of public address
system in various areas in Delhi informing the residents of their duties and
D obligations under the Delhi Act and the New Delhi Act. [101-H; 102-A-B)

8. The Secretary, Ministry of Defence Production, Government of
India shall supply Tippers to the MCD as expeditiously as possible and
preferably within three months. [102-D]
E
9. The MCD has indicated that three SLF sites have already been
approved by the Technical Committee of the ODA but the same have not
been handed over to the MCD by the Development Commissioner, Govern-
ment of NCT of Delhi. Since Bhatti mines are situated within the ridge
area, the same cannot to be utilised for the disposal of the solid waste as
F at present. However, the Development Commissioner, Government of NCT
Delhi is directed to hand over the two sites, near Badarpur on Jaitpur(fej-
pur Quiry Pits and Mandi Village near Jaunpur Quiry Pits. The sites shall
be handed over to the MCD within three months. [102-E)

G 10. The compost plant at Okhla be revived and put into operation.
The MCD shall start operating the plant, if not already operating, with
effect from June 1, 1996. The MCD shall also examine the construction of
four additional compost plants as recommended by Jag Mohan Commit-
tee. [102-G)

H 11. The MCD shall not use the filled-up SLF's for any other purpose
i

B.L. WADEHRAv. U.0.1. [KULDIP SINGH,J.] 83

except forestry. There are twelve such sites including Rajiv Gandhi Smriti A
Van. The MCD shall develop forests and gardens on these 12 sites. The
work of aforestation shall be undertaken by the MCD with effect from
April 1, 1996. [103-A]

12. The MCD and NDMC shall construct/instal additional garbage
collection centres in the form of dhalaos/trolley/steelbins within four B
months. [103·8]

13. The Union of India and NCT Delhi Administration shall consider
the requests from MCD and NDMC for financial assistance, in a just and
fair manner. These Governments shall consider the grant of financial C
assistance to the MCD and NDMC by way of subvention or any other
manner to enable these authorities to fulfil their obligations under law as
directed by this Court. [103-C]

14. After some time it may not be possible to dispose of garbage and
solid-waste by 'SLF' method due to non-availability of sites. The NCT Delhi D
Administration and also the MCD and NDMC are directed to join hands
and engage an expert body like NEER! to find out alternate
method/methods of garbage and solid waste disposal. [103·0]

Rallam Municipality v. Vardhichand, AIR (1980) SC 1622, relied on.
E
CIVIL ORIGINAL .JURISDICTION : Writ petition (C) No. 286 of
1994.

(Under Article 32 of the Constitution of India.)

N.N. Goswamy, H.N. Salve, Rajeev Dhawan, P.P. Malholtra, B.L. F
Wadehra-in-pcrson, B.K. Prasad, Arnn Kr. Sharma, R.K. Maheshwari,
Ranjit Kumar, Gopal Singh, Ms. Binu Tamta, D.S. Mehra and V.B. Saharya
for the appearing parties.

The Judgment of the Court was delivered by
G
KULDIP SINGH, J. Historic city of Delhi - the Capital of India is
one of the most polluted cities in the world. The authorities, responsible
for pollution control and environment protection, have not been able to
provide clean and healthy environment to the residents of Delhi. The
ambient air is so much polluted that it is difficult to breathe. More and H
84 SUPREME COURT REPORTS [1996] 3 S.C.R.

A more Dclhi-ites arc suffering from respiratory-diseases and throat-infec-
tions. River Yamuna - the main source of drinking-water supply - is the
free dumping-place for untreated sewage and industrial waste. Apart from
Air and Water pollution, the city is virtually an open dust-bin. Garbage
strewnall over Delhi is a common sight. The Municipal Corporation of
Delhi (the MCD) constituted under the Delhi Municipal Corporation Act,
B
1957 (Delhi Act) and the New Delhi Municipal Council (the NDMC)
constituted under the New Delhi Municipal Council Act, 1994 (New Delhi
Act) are wholly re-miss in the discharge of their duties under law. It is no
doubt correct that rapid industrial development urbanisation and regular
flow of persons from rural to urban areas have made major contribution
C towards environmental degradation but at the same time the Authorities -
entrusted with the work of pollution control - cannot be permitted to sit
back with folded hands on ,he pretext that they have no financial or other
means to control pollution and protect the environment. Apart from Ar-
ticle 21 of the Constitution of India, which guarantees 'right to life', Articles
D 48A and 51A(g) of the Constitution arc as under :-

"48A. Protection and improvement of environment and safeguard-
ing of forests and wild life. The State shall endeavour to protect
and improve the environment and to safeguard the forests and wild
life of the country.
E
51(g)-to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for living
creatures. '1

In this petition under Article 32 of the Constitution of India, the
F petitioner - an advocate of this Court - has sought directions lo the MCD
and the NDMC lo perform their statutory duties in particular the collec-
tion, removal and disposal of garbage and other waste.

This Court on December 16, 1994 passed the following order in the
G writ petition :-

"We direct the Municipal Corporation of Delhi, Delhi Administra-
tion and Delhi Development Authority to place on record the list
of all garbage dumping places and city garbage collection centres
within six weeks from today. It shall also be stated as to what steps
H are being taken by these Authorities to keep these places clean
)
B.L. WADEHRAv. U.0.1. [KULDJP SINGH,J.] 85

and tidy. These Authorities shall also consider the possibility of A
making it mandatory that the garbage etc. should be dumped at
these places in plastic/jute bags to be supplied by the Corporation
at subsidised rates."

Mr. H.K. Banda, Executive Engineer MCD filed a short affidavit
dated January 30, 1995 indicating that three statutory bodies function B
within their respective territories in the Union Territory of Delhi, covering
following areas :-

"(1) Municial Corporation of Delhi 1399.26 Sq. Km.

(2) New Delhi Municipal Committee - 42.40 Sq. Km. c
(3) Delhi Cantonment Board 42.80 Sq. Km.

1484.46 Sq. Km."

At present about 4000 meteric tons (MT) of garbage is collected D
daily by the MCD. The disposal of the garbage is done mainly by 'Land
Fill Method'. It is stated in the affidavit that at present the total number
of garbage collection centres are 1804 (337 dhalaos, 1284 dustbins, 176
open sites and 7 steel bins). The garbage collection trucks collect the
garbage from the collection centres and take it to the nearest Sanitary Land E
Fill (SLF) 19 Hospitals, 156 Dispensaries, 160 Maternity and Child Welfare
Centres, 5 Primary Health Centres, and 14 clinics are functioning under
the control of MCD. Except RBTB hospital, no other hospital etc. has
installed incinerator to burn the hospital-waste. It is highlighted in the
affidavit that about 45% of the total population of Delhi is living in slums,
unauthorised colonies and clusters. There are about 4,80,000 Jhuggies in F
Delhi. According to a rough estimate about 6 persons stay in each Jhuggi.
They throw their garbage on the road or nearby dustbins.

Mr. S.C. Kumar, Executive Engineer has filed further affidavit dated
July 13 1995 on behalf of the MCD. The collection and disposal of the G
garbage is done by the 'Solid Waste Depart!"ent' of the MCD. The
sanitation staff employed for this purpose has been indicated in the af-
"" fidavit as under :-

"Municipal Corporation of Delhi has divided the entire area under
its jurisdiction into 12 zones. The Solid Waste Department is H
86 SUPREME COURT REPORTS [1996] 3 S.C.R.

A headed by Sanitary Suptd. (SS) in every zone, who inter a/ia, is
responsible for over all sanitation within his zone. On the super-
•.isory level the SS is assisted by Chief Sanitary Inspector (CS!),
Sanitary Inspector (SI), Asstt. Sanitary Inspector (AS!) and
Sanitary Guide (SG).

B For containing the solid waste in Dhalaos and cleanliness safai
karamcharis (SK) are deployed on each dhalao and dustbin. The
list of existing dustbins and dhalaos is already on the records of
this Hon'ble Court filed with additional affidavit.

The total number of sanitation staff of solid waste management
c is as follows :-
1. Sanitary Superintendent 21 Nos.

2. Chief Sanitary Inspector 30 Nos.

D 3. Sanitary Inspector 212 Nos.

4. Asstt. Sanitary Inspector 556 Nos.

5. Sanitary Guide 603 Nos.
6. Safai Karamcharis 38311 Nos."
E
Regarding construction of additional dhalaos it is stated as under :-

"The zonewisc list of 1252 Nos. (approx) new dhalaos to be
constructed and 708 nos. existing dustbins/dhalaos to be
repaired/renovated is attached at Annexure A'.
F
The completion of work will, however, depend upon the
availability of funds by Central Govt. & Delhi Govt. in anticipation
of receipt of additional funds short notice tenders in most of the
zones have been floated. A request for releasing funds to the tune
of Rs. 75.76 crores has already been sent to Principal Secy. (UD)
G by Commissioner, MCD vide letter no. 486 dt. 5.6.95. This estimate
will also require revision in view of the drawing prepared by the
Chief Architect, MCD for proposed construction of dbalaos."

Mr Kumar bas further stated in his affidavit that composting is one
H of the solution for disposal of garbage and getting soil conditioner through
B.L. WADEHRAv. U.0.1. [KULDIP SINGH,J.] 87

the process. According to him the MCD compost plant at Okhla had to be A
closed few years back since its running was not financially viable. There is
a proposal to revive the same. The Jagmohan Committee has recom-
mended for installation of 4 additional compost plants in Delhi. Regarding
privatisation, it is stated as under :-

"As an effort to explore the alternative method, privatisation of B
sanitation work is also being considered to be adopted on trial
basis. However final decision in this regard is yet to be taken."

It is stated in the affidavit that orders for purchase of 200 trucks have
been placed with M/s. Ordinance Factory Jabalpur. Tenders for purchase C
of 35 suction machines, 50 front-end-loaders have been received and are
under process. It is stated that 11 more bulldozers are required. It is further
stated that 4 compactors of differnet capacities, 4 Nos. of poclain on
chain/tyre and some more tipper trucks are required.

Medical Officer of Health has filed affidavit dated May 12, 1995 on D
behalf of NDMC. Regarding "door to door garbage collection" the affidavit
indicates as under :-

'NDMC has introduced a scheme of door to door collection of
garbage on experimental basis in few colonies. Under this scheme,
introduced on !st May, 1994, NDMC is supplying 25 polythene E
garbage bags of 19" X 25" capable of holding about 10-12 kg. per
month at the subsidised price of Rs. 15 per house per month in
the following areas.

1. North Avenue F
2. South Anevnue

3. D-1 and D-11 flats, Vinay Marg

4. C-I and C-11 flats, Tiiak Marg G
5. Delhi Administration flats, Bhagwan Das Road

6. Pandara Road and Pandara Park

7. Ravinder Nagar and Bharti Nagar H
88 SUPREME COURT REPORTS [1996] 3 S.C.R.

A The said garbage bags are collected on daily basis by our staff
deployed and then deposited in the nearby dust-bins for the
purpose for further transporting them by our staff to the dumping
ground maintained by Municipal Corporation of Delhi. It is stated
that not more than 40% of the residents under the scheme avails
the benefit of the scheme. It is specifically stated that NDMC does
B
not have any dumping ground within its jurisdiction."

It is stated in the affidavit that average of 300-350 tons of garbage is
generated everyday in the NDMC area. For the purpose of collection and
disposal of garbage the area is divided into 13 parts (circles). There are 49
C Jhuggi - Jhompri clusters having 12500 jhuggies in the NDMC area. There
are 944 garbage collecting places (550 Trollies and 394 dustbins). The task
is undertaken by a fleet of 1423 permanent Safai Karamcharis, 600 Muster
roll workers and 149 part time Safai Karamcharis.

This Court on September 15, 1995 passed the following order :-
D
"We have heard the petitioner and the learned counsel assisting
us. Mr. Tusharia, Deputy Director, Municipal Corporation of
Delhi is personally present in Court. He has also assisted us. Mr.
H.K. Handa and Mr. S.C. Kumar, Executive Engineers, Municipal
Corporation of Delhi have filed an affidavit in these proceedings.
E According to the affidavit, Municipal Corporation of Delhi has
divided the area under its charge into 12 zones for the purposes
of collection of garbage. It is further stated that there are 1804
garbage collection points in the said area. The garbage collection
points consist of dhalaos, open sights and steelbins. Similarly, the
F area under the control of NDMC has been divided into 13 zones
where there are 944 collection points. 394 are masonary dustbins
and 500 are trolies. It cannot be disputed that the collection and
disposal of garbage in the city of Delhi is causing serious problem.
Statutory authorities like MCD and NDMC have been created to
control this problem. It is not for this Court to keep on monitoring
G
these problems. The officers who are manning these institutions
must realize their responsibilities and show the end result. Keeping
that in view, we issue the following diredctions :

(1) We adjourn the hearing of this petition to October 12, 1995.
H On that day, the petitioner and other learned counsel shall assist
B.L. WADEHRAv. U.O.l. [KULDIP SINGH, J.] 89

this Court regarding the statutory duties and functions of various A
authorities in regard to the sanitation in the city of Delhi.

(2) During this period, the officers who are concerned with this
problem shall consider the various issues arising in this petition,
at their own level and shall give the following information to this
Court on the next date of hearing : B
(a) final date by which these officers/authorities shall sort out
the problem of collection and disposal of the garbage in the city
of Delhi. In that respect, we make it clear that from the date which
may be given by these authorities, not a drop of garbage is to be C
seen anywhere in the city of Delhi on early morning each day. The
whole of the work of garbage collection must be completed over-
night and the city is to be left absolutely clean for the residents for
their use :

(b) the authorities may, if they so wish, place before this Court D
the difficulties which are likely to come up in their way. This Court
with the assistance of authorities concerned shall try to solve the
same.

We make it clear that any direction finally given by this Court after
hearing the parties shall be binding and violation of any part of it E
shall attract the provisions of the Contempt of Courts Act.

Issue notice to the Secretary (Health), Delhi Administration,
specially for the purposes of seeking assistance regarding nursing
homes and hospitals under the control of Delhi Administration.
F
To be listed on October 12, 1995."

Pursuant to the above quoted order Commander Mukesh Paul,
Medical Officer of Health, NDMC has filed affidavit dated October 10,
1995. It is stated in the affidavit that lack of civic sense, lack of dustbins,
absenteeism among the staff, logistic problems, multiplicity of authorities, G
disposal of house hold garbage by the servants, problems of Jhuggi Jhompri
Clusters, floating population and for various other reasons, it is not possible
to give the time schedule regarding the cleaning of Delhi as directed by
this Court. Various steps taken by the NDMC to improve sanitation/gar-
bage disposal have also been indicated. An additional affidavit filed by Shri H
90 SUPREME COURT REPORTS [1996] 3 S.C.R.

A Anshu Prakash on behalf of NDMC indicates that the following measures
for speedy removal of garbage and for maintenance of effective sanitation
have been undertaken :-

a. Strengthening of Safaikaramchari workforce.

B b. Lifting and removal of garbage.

c. Regular inspection by Nodal Officers.

d. Manning of Dhalaos.

c e. Door to door collection and NGO participation. •
Mr. C.P. Gupta filed affidavit dated October 17, 1995 on behalf of
MCD wherein he stated as under :-

"It is, therefore, submitted that no specific date for making Delhi
D 'absolutely garbage free every morning can be given at this stage.
Nevertheless, the endeavours of M.C.D. would be to achieve the
spirit of the orders passed by this Hon'ble Court."

Under Secretary, Ministry of Health, Government of India in his
E affidavit has stated that Safdarjung hospital, Ram Manohar Lohia hospital
and Lady Harding Medical college comprising Kalavati hospital and
Sucheta Kriplani Hospital are under the control and supervision of the
Ministry of Health, Government of India. Safdarjung hospital has installed
incinerator with waste disposal capacity of 230 kgs per hour. i:he said
hospital generates about 2000-2500 kgs. of waste everyday. It is stated that
F the incinerator functions in two shifts for 10 hours for 7 days a week. It is
not clear from the affidavit whether the incinerator is in working condition
or out of order. The affidavit states that three vertical type incinerators
have also been installed by the Safdarjung hospital. Incinerators have not
been installed in the other hospitals. It is stated that proposal to install
G incinerators in RML hospital and Lady Harding Medical College is under
consideration.

According to the affidavit filed by Mrs. Satbir Silas, Joint Secretary
(M<dical and Public Health) Goverm,nent of National Capital Territory of
Delhi, there are 13 hospitals which are functioning under the control of the
H said Government. Lok Nayak Jai Parkash Narain Hospital, has no in-
B.L. WADEHRAv. U.0.1.[KULDIPSINGH,J.] 91

cinerator of its own. It is using the incinerator located in G.B. Pant A
Hospital. There is an incinerator in Guru Teg Bahadur Hospital with
capacity of 125 Kg per hour. The incinerator is not enough to burn the
+ entire hospital waste. It is stated that second incinerator at the cost of Rs.
44 lakhs is likely to be installed. Deen Dayal Upadhyay Hospital has
installed an incinerator with capacity of burning 85 kg of waste per hour. B
It is stated that the incinerator is meeting the need of the hospital. G .B.
Pant Hospital has two incinerators with capacity of 60 kg each. There are
no incinerators in Civil Hospital, Nehru Memorial Medical College, Guru
Nanak Eye Centre, Lal Bahadur Shastri Hospital, Rao Tulia Ram
Memorial Hospital and Dr. N.C. Joshi Memorial Hospital. The three
remaining hospitals, namely, Babu Jagjivan Ram Memorial Hospital, San- C
jay Gandhi Memorial hospital and Maulana Azad Medical College have
installed incinerators.

Mr. C.B. Gupta has filed further affidavit (second) dated November
6, 1995 on behalf of MCD wherein it is stated that on experimental basis,
initially MCD proposes to introduce the scheme of supplying plastic bags D
to the residents of Janakpuri, Shalimar Bagh, Jangpura Extension, Pree!
Vihar, Sarita Vihar, Derawal Nagar and Jain Colony. It is stated by the
learned counsel appearing for the MCD that the administration is more
than willing to take up the challenge of cleaning the city in the right earnest.
E
The NDMC has also filed a proposed scheme which is in the follow-
ing terms :-

"That the NDMC as per the directions of this Hon'ble Court
intends to improve sanitation in a step-wise manner. Step I shall
comprise of sweeping the roads/streets, collection of garbage and F
its storage at designated and identified places. Step II shall com-
prise of lifting of the garbage and its transportation to the M.C.D.
dumping site at Gazipur. NDMC is also utilising part of its garbage
and horticulture waste for conversion into manure at Compost at
Okhla.
G
Regarding Step I, as directed by the Pon'ble Court, the NDMC
has selected for intensive sanitation the following compact area
consisting of the area around Parliament/Supreme Court, Central
Vista lawns and Circle No. 6 starting from the entire Rajpath upto
National Stadium, C-Hexagan Road, Sher Shah Road cutting the H
92 SUPREME COURT REPORTS (1996] 3 S.C.R.

A mathura Road upto Subramaniam Bharati Marg upto Southend
Road, Aurangzeb Road, Moti Lal Nehru Marg including Maulana
Azad Road, Sunehri Masjid. On the other hand, site from National
Stadium to part of C-Hexagan, Central Vista Lawn and also two
important markets i.e., Connaught Place and Sarojini Nagar lo-
cated in NDMC area. Besides the important buildings as men-
B tioned above, there arc 1076 houses in Pandara Road and Pandara
Park including M.S. flats. Ravinder Nagar has got 124 flats. Bapa
Nagar has got 102 flats. Rest big bungalows are there. The Circle
No. 6 also includes the JJ clusters at Humayun Road and Darbanga
House and also the Khan Market, Lok Nayak Bhawan, Pandara
c Road Market, Prithvi Raj Market. The following number of major
restaurants/hotels are existing in this circle :

(i) Five Star Hotel 1

(ii) Three Star Hotel 1
D
(iii) Restaurants 20

It is proposed to deploy the work force in night shift also for
effective garbage removal in the area. Each and every household
will be given polythene bag for garbage collection and each
E household will be expected to place the bags filleJ with garbage
at designated collection points. In J.J. Clusters, the garbage will
be collected at collection points designated for this purpose, it may
not be feasible give polythene bags for each jhuggi. Additional
collection points will be made wherever necessary to suit the
F convenience of the public. All the collection points in the aforesaid
areas will be effectively supervised by NDMC staff to ensure that
garbage is not littered around the collection points.

Initially the polythene bags will be given free of cost to the
residents of aforesaid areas for one month by NDMC on ex-
G perimental basis. Thereafter the supply of bags at subsidised cost
may also be considered by the NDMC. NDMC has started door
to door collection of garbage in polythene bags supplied by NDMC
in certain colonies in the aforesaid areas. It will be gradually
extenciec to other colonies also in consultation with the resident
H associations. The NDMC will also make efforts to find out if any
B.L. WADEHRAv. U.O.l. [KULDIP SINGH, J.] 93

better alternative to the polythene bags could be provided for this A
purpose. Other State Governments, Ministry of Environment, etc.
will be contacted in this reagrd."

It would be useful to mention that the MCD has a very large force
of Karamcharies working for it. There are 38311 Safai Karamcharis. The
MCD has more than 1400 Sanitary Inspectors and other officials in that B
category. The total area which the MCD is supposed to keep clean and
tidy is 1399.26 Sq. Km. The simple arithmetic shows that there are 27 Safai
Karamcharis and one Sanitary Inspector for one Sq. Km. of area. We are
of the view that with such a large manpower at its disposal there can he
no excuse with t1r' MCD for not controlling the disposal of garbage and C
keeping the city Clean. The NDMC is still in a better position. It has 2172
Safai Karamcharis and the area under its control is 42.40 Sq. Km. which
means that it has 50 Karamcharis to man one Sq. Km. There is no reason
whatsoever why with such a huge manpower at their command the MCD
and NDMC cannot present a neat and clean Delhi to its residents.
D
The MCD and NDMC have already started door to door collection
of garbage on experiemental basis. It is stated that polythene bags are also
being distributed in the selected areas. We make it clear that the modalities
in our interim orders from time to time have been in the nature of
suggestions. We, however, reiterate that the MCD and the NDMC must E
keep the city clean by deploying all the means at their disposal. We are
issuing binding directions in this respect in the operative part of the
judgment.

-* It would be useful at this stage to examine the relevant provisions of F
the Delhi Act.

'42. Obligatory functions of the Corporation-[subject to the
provisions of this Act and any other law for the time being it shall
be incumbent] on the Corporation to make adequate provision by
any means or measures which it may lawfully use or take, for each G
1" of the following matters, namely :-

(a) the construction, maintenance and cleansing of drains and
drainage works and of public latrines, urinals and similar con-
veniences; H
94 SUPREME COURT REPORTS [1996] 3 S.C.R.

A (c) the scavenging, removal and disposal of filth, rubbish and other
obnoxious or polluted matters;

(e) the reclamation of unhealthy localities, the removal of noxious
vegetation and generally the abatement of all nuisances;

B (o) the lighting, watering and cleansing of public streets and other
public places;

(t) the laying out or the maintenance of public parks, gardens or
recreation grounds,
c (wa) the preparation of plans for economic development and social
justice.

43. Discretionary functions of the Corporation -

D (b) the establishment and maintenance of, and aid, to libraries,
museums, art galicries, botanical or zoological collections;

(c) the establishment and maintenance of, and aid, to stadia,
gymnasia, akharas and places for sports and games;

E (d) the planting and care of trees on roadsides and elsewhere;

(i) the providing of music or other entertainments in public places
or places of public resort and the establishment of theaters and
cinemas;

F (I) the construction and maintenance of -

(i) rest-houses,
(ii) poor-houses,
(iii) infirmaries,
(iv) children's homes,
G (v) houses for the deaf and dumb and for disabled and hand-
icapped children,
(vi) shelters for destitute and disabled persons,
(vii) asylums for persons of unsound mind;

H ( q) the provision for relief to destitute and disabled persons;
B.L. WADEHRAv. U.0.1. [KULDIP SINGH, J.] 95

(s) the organisation, construction, maintenance and management A
of swimming pools, pnblic wash houses, bathing places and other
institutions designed for the improvement of public health;

(z) the provisions of housing accommodation for the inhabitants
of any area or for any class of inhabitants; and
B
(za) any measure not hcreinbefore specifically mentioned, likely to
promote public safety, health, convenience or general welfare.

59 Functions of the Commissioner-Save as otherwise provided in
this Act, the entire executive power for the purpose of carrying C
out the provisions of this Act and of any other Act for the time
being in force which confers, any power or imposes any duty on
the Corporation, shall vest in the Commissioner who shall also-

107A. Constitution of Finance Commission- (1) The Administrator
shall, as soon as may be, within one year from the commencement D
of the Constitution (Seventy-third Amendment) Act, 1992 and
thereafter at the expiration of every fifty year constitute a Finance
Commission to review the financial position of the Corporation
and to make recommendations to the Administrator as to,-
E
(a) the principles which should govern,-

(i) the distribution between the National Capital Territory of
Delhi and the Corporation of the net proceeds of the taxes, duties,
tolls and fees leviable by the National Capital Territory of Delhi
which may be divided between them; F

(ii) the determination of the taxes, duties tolls and fees which
may be assigned to or appropriated by the Corporation;

(iii) the grants-in-aid to the Corporation from the consolidated
fund of the National Capital Territory of Delhi; G

108. Constitution of special funds- (1) The Corporation shall, con-
stitute such special fund or funds as may be prescribed by regula-
tions and such other funds necessary for the purposes of this Act
as may be so prescribed. H
96 SUPREME COURT REPORTS [1996] 3 S.C.R.

A (2) The constitution and disposal of such funds shall be effected
in the manner laid down by regulations.

353. Duty of owners and occupiers to collect and deposit rubbish,
etc. -

B It shall be the duty of the owners and occupiers of all premises -

(a) to have the premises swept and cleaned;

(b) to cause all filth, rubbish and other polluted and obnoxious
matter to be collected from their repcctive premises and to be
c deposited at such times as the Commissioner, by public notice
prescribes, in public receptacles, depots or places provided or
appointed under section 352 for the temporary deposit or final
disposal thereof;

(c) to provide receptacles of the type and in the manner
D prescribed by the Commissioner for the collection therein of all
filth, rubbish and other polluted and obnoxious matter from such
premises and to keep such receptacles in good condition and
repair.

E 354. Collection and removal of filth and polluted matter-It shall be
the duty of the owner and occupier of every premises situate in
any portion of Delhi in which there is not a latrine, or urinal
connected by a drain with a municipal drain, to cause all filth and
polluted and obnoxious matter accumulation upon such premises
to be collected and removed to the nearest receptacle or depot
F provided for this purpose under section 352 at such times, in such
vehicle or vessel by such route and with such precaution as the
Commissioner may by public notice prescribe.

356. Removal of rubbish, etc., accumulated on premises used as
factories, workshops etc.- The Commissioner may, if he thinks fit,-
G
(a) by written notice require the owner or occupier of any
premises used for carrying on any manufacture, trade or business
or used as factory, workshop, trade premises or market or in any
way so that rubbish, filth and other polluted and obnoxious matter
H are accumulated in large quantities, to collect all such rubbish, filth
B.L. WADEHRAv. U.O.l. [KULDIP SINGH,J.] 97

and other polluted and obnoxious matter accumulating thereon A
and to remove the same at such times and in such carts or
receptacles and by such routes as may be specified in the notice
to a depot or place provided or appointed under section 352, or

(b) after giving such owner or occupier notice of his intention,
cause all rubbish, filth and other polluted and obnoxious matter B
accumulated in such premises to be removed, and.charge the said
owner or occupier for such removal such fee as may, with the
sanction of the Standing Committee, be specified in the notice
issued under clause (a)
c
357. Prohibition against accumulation of rubbish, etc.- No owner or
occupier of any premises shall keep or allow to be kept for more
than twenty four hours or otherwise than in receptacle approved
by the Commissioner, any rubbish, filth and other polluted and
obnoxious matter on such premises or any place belonging thereto D
or neglect to employ proper means to remove such rubbish, filth
and other polluted and obnoxious matter from, or to cleanse, such
receptacle and to dispose of such rubbish, filth and other polluted
and obnoxious matter in the manner directed by the Commissioner,
or fail to comply with any requisition of the Commissioner as to
the construction, repair, pavement or cleansing of any latrine, or E
urinal on or belonging to the premises.

465. General penalty-Whoever in any case in which a penalty is not
expressly provided by this act, fails to comply with any notice, order
or requisition issued under any provision thereof, or otherwise F
contravenes any of the provision of this Act shall be punishable
with fine which may extend to one hundred rupees and in the case
of continuing failure or contravention with an additional fine which
may extend to twenty rupees for every day after the first during
which he has persisted in the failure or contravention.
G
469. Municipal magistrates-(!) The Government may appoint one
or more [Metropolitan Magistrates] for the trial of offences against
this act and against any rule, regulation or bye-law made there-
under and may prescribe the time and place at which such
magistrate or magistrates shall sit for the despatch of business. H
98 SUPREME COURT REPORTS [1996) 3 S.C.R.

A 486. Inspection • The Central Government [or the Government]
may depute any person in the service of government to inspect or
examine any municipal department or office or any service or work
undertaken by the Corporation or any of the Municipal authorities
or any property belonging to the Corporation and to report thereon
and the Corporation and every municipal authority and all
B municipal officers and other municipal employees shall be bound
to afford the person so deputed access at all reasonable times to
the premises and properties of the Corporation and to all records,
accounts and other documents the inspection of which he may
consider necessary to enable him to discharge his duties.
c
487. Directions by Central government- (1) If [whether on receipt
of a report or on receipt o~ any information or report obtained
under section 485 or section 486 or otherwise, the Central Govern-
ment is of opinion ·

D (a) that any duty imposed on the Corporation or any municipal
authority by or under this Act has not been performed or has been
performed in an imperfect, insufficien". or unsuitable manner, or

(b) that adequate financial provision has not been made for the
performance of any such duty, it may direct the Corporation or
E
the municipal authority concerned, within such period as it thinks
fit, to make arrangements to its satisfaction for the proper perfor-
mance of the duty, or as the case may be, to make financial
provision to its satisfaction for the performance of the duty and
the Corporation or the municipal authority concerned shall comply
F with such direction.

Provided that, unless in the opinion of the Central Government
the immediate execution of such order is necessary, it shall before
making any direction under this section give the Corporation or
the municipal authority concerned an opportunity of showing cause
G why such direction should not be made

488. Power to provide for enforcemet of direction under section 487-
If, within the period fixed by a direction made under sub-section
(1) of section 487, any action the taking of which has been directed
H under that sub section has not been duly taken, the Central
)
B.L. WADEHRAv. U.0.1. [KULDIP SINGH, J.] 99

Government may make arrangements for the taking of such action A
and may direct that all expenses connected therewith shall be
defrayed out of the Municipal Fund."

Similarly, NDMC is governed by the New Delhi Act. Sections 11, 12,
53, 261, 263, 264, 265, 266, 267 & 375 are some of the provisions of the
New Delhi Act which are pari materia to the relevant provisions of the B
Delhi Act. It is clear from various provisions of the Delhi Act and the New
Delhi Act that the MCD and the NDMC are under a statutory obligation
to scavenge and clean the city of Delhi. It is mandatory for these authorities
to collect and dispose of the garbage/waste generated from various sources
in the city. We have no hesitation in observing that the MCD and the C
NDMC have been wholly remiss in the performance of their statutory
duties. Apart from the rights guaranteed under the Constitution the
residents of Delhi have a statutory right to live in a clean city. The courts
are justified in directing the MCD and NDMC to perform their duties
under the law. Non availability of funds, inadequacy or inefficiency of the D
staff, insufficiency of machinery etc. cannot be pleaded as grounds for
non-performance of their statutory obligations.

In Rat/am Municipality v. Vardhichand, AIR 1980 SC 1622, the
question before this Court was whether the order of the trial court as
. upheld by the High Court directing the Ratlam Municipality to draft a plan E
within six months for the removal of nuisance caused by the open drains
and public excretion by the nearby slumdwellers could be sustained. This
Court speaking through Krishna Iyer, J. dismissed the appeal of the
municipality and held as under :-
F
'Why drive common people to public interest action? Where
Directive Principles have found statutory expression in Do's and
Dani's the court will not sit idly by and allow municipal government
to become a statutory mockery. The law will relentlessly be en-
forced and the plea of poor finance will be poor alibi when people
in misery cry for justice. The dynamics of the judicial process has G
a new 'enforcement' dimension not merely through some of the
provisions of the Criminal Procedure Code (as here), but also
through activated tort consciousness. The officers in charge and
even the elected representatives will have to face the penalty of
the law if what the Constitution and follow-up legislation direct H
100 SUPREMECOURTREPORTS [1996) 3 S.C.R.

A them to do are defied or denied wrongfully. The wages of violation
is punishment, corporate and personal."

Reminding the State Government of its duties under the Constitution of
India, Krishna Iyer, J. observed as under :-

B "We are sure that the State Government will make available by way
of loans or grants sufficient financial aid to the Ratlam
Municipality to enable it to fulfil its obligations under this order.
The State will realise that Art. 47 makes it a paramount principle
of governance that steps are taken 'for the improvement of public
c health as amongst its primary duties'. The municipality also will slim
its budget on low priority items and elitist projects to use the
savings on sanitation and publi~ health. It is not our intention tha.t
the ward which has woken up to its rights alone need be afforded
these elementary facilities. We expect all the wards to be benefited
without litigation."
D
In the light of the facts and circumstances noticed above and also
keeping in view the suggestions made by the learned counsel assisting us
in this petition, we issue the following directions :-

E 1. We approve the experimental schemes placed before this Court by
MCD and NDMC whereunder certain localities have been selected for
distribution of polythene bags, door to door collection of garbage and its
disposal.

We direct the MCD through Commissioner appointed under Section
F 54 of the Delhi Act and all other officers of the MCD (particularly Mr.
Narang and Mr. Tirath Raj, Joint Directors) to have the city of Delhi
scavenged and cleaned everyday. The garbage/waste shall be lifted from
collection centres every day and transported to the designated place for
disposal.

G All recepticals/collection centres shall be kept clean and tidy
everyday. The garbage/rubbish shall not be found spread around the col-
lection centres and on the roads. We issue similar directions to the NDMC
through S/Shri Baleshwar Rai, Administrator, Lal Chand, Chief Sanitary
Inspector, Dr. G.S. Thind, Deputy Medical Officer of Health and Dr. V.N.
H Reu, Chief Medical Officer.
B.L. WADEHRAv. U.0.1. [KULDIP SINGH,J.] 101

2. We direct Government of India, through Secretary, Ministry of A
Health, Government of National Capital Territory of Delhi through
Secretary, Medical and Public Health, MCD through its Commissioner and
NDMC through its Administrator to construct and install incinerators in
all the hospitals/nursing homes, with 50 beds and above, under their
administrative control. This may be done preferably within nine months. A B
responsible officer of each of these authorities shall file an affidavit in this
Court within two months indicating the progress made in this respect.

3. We direct the All India Institute of Medical Sciences, New Delhi
through its Director to instal sufficient number of incinerators, or an
equally effective alternate, to dispose of the hispital waste. The Director C
shall file an affidavit within two months to indicate the progress made in
this respect.

4. We direct the MCD and NDMC to issue notices to all the private
hospitals/nursing homes in Delhi to make their own arrangements for the
disposal of their garbage and hospital waste. They be asked to construct D
their own incinerators. In case these hospitals are permitted to use facilities
(for collection, transportation and disposal of garbage) provided by the
MCD and NDMC then they may be asked to pay suitable charges for the
service rendered in accordance with law.
E
5. We direct the Central Pollution Control Board and the Delhi
Pollution Committee to regularly send its inspection teams in different
areas of Delhi/New Delhi to ascertain that the collection, transportation
and disposal of garbage/waste is carried out satisfactorily. The Board and
the Committee shall file the reports in this Court by way of an affidavit
"' after every two months for a period of two years. F

6. We direct the Government of the National Capital Territory of
Delhi to appoint Municipal Magistrates (Metropolitan Magistrates) under
Section 469 of the Delhi Act and Section 375 of the New Delhi Act for the
trial of offence under these Acts. Residents of Delhi be educated through G
Doordarshan and by way of announcements in the localities that they shall
be liable for penalty in case they violate any provisions of the Act in the
matter of collecting and disposal of garbage and other wastes.

7. We direct the Doordarsl..an through its Director General to un-
dertake a programme of educating the residents of Delhi regarding their H
102 SUPREME COURT REPORTS [1996] 3 S.C.R.

A civic duties under the Delhi Act and the New Delhi Act. This shall be done
by making appropriate announcements, displays on the television. The
residents of Delhi shall be educated regarding their duties under Sections
354. 356 and 357 of the Delhi Act and similar duties under the New Delhi
Act. They shall also be informed about the penalties which can be imposed
B under Section 465 of Delhi Act and similar provisions under the New Delhi
Act. The MCD and the NDMC shall also have announcements made by
way of public address system in various areas in Delhi informing the
residents of their duties and obligations under the Delhi Act and the New
Delhi Act.

C 8. The MCD has placed order for the supply of about 200 Tippers
with the Ordinance Vehicle Factory, Jabalpur (Government of India) in
May, 1995. The Tippers have not as yet been supplied. We direct Secretary,
Ministry of Defence Production, Government of India to have the Tippers
supplied to the MCD 'as expeditiously as possible and preferably within
three months. The Secretary shall file an affidavit in this Court within six
D weeks indicating the progress made in this respect.

9. The MCD has indicated that three SLF sites have already been
approved by the Technical Committee of the DDA but the same have not
been handed over to the MCD by the Development Commissioner,
E Government of NCT of Delhi. Since Bhatti mines are situated within the
ridge area, we do not permit the same to be utilised for the disposal of the
solid waste as at present. We, however, direct the Development Commis-
sioner, Government of NCT Delhi to hand over the two sites, near Badar-
pur on Jaitpurffejpur Quiry Pits and Mandi village near Jaunpur Quiry
Pits. The sites shall be handed over to the MCD within three months. The
F Development Commissioner shall file an affidavit in this Court before
March 31, 1996 indicating the progress made in this respect.

10. The compost plant at Okhla be revived and put into operation.
The MCD shall start operating the plant, if not already operating, with
G effect from June 1, 1996. The MCD shall also examine the construction of
four additional compost plants as recommended by Jag Mohan Committee.
The MCD shall file an affidavit in this Court within six weeks indicating
the progress made in re-starting the Okhla compost plant and in the
construction of four new plants.

H 11. The MCD shall not use the filled-up SLFs for any other purpose
B.L. WADEHRAv. U.0.1. [KULDIP SINGH,J.) 103

except forestry. There are twelve such sites including Rajiv Gandhi Srnriti A
Van. We direct the MCD to develop forests and gardens on these 12 sites.
The work of aforestation shall be undertaken by the MCD with effect from
April 1, 1996. An affidavit shall be filed by the end of April indicating the
progress made in this respect.

12. The MCD and NDMC shall construct/install additional garbage B
collection centres in the form of dhalaos/trolley/steelbins within four
months. An affidavit in this respect shall be filed by a responsible officer
of each of these authorities within two months indicating the progress.

13. We direct the Union of India and NCT Delhi Administration
through their respective appropriate Secretaries to consider, the requests c
from MCD and NDMC for financial assistance, in a just and fair manner.
These Governments shall consider the grant of financial assistance to the
MCD and NDMC by way of subvention or any other manner to enable
these authorities to fulfil their obligations under law as directed by us.
D
14. After some time it may not be possible to dispose of garbage and
solid-waste by 'SLF method due to non-availability of sites. We direct the
NCT Delhi Administration through its Chief Secretary and also the MCD
and NDMC to join hands and engage an expert body like NEER! to find
out alternate method/methods of garbage and solid waste disposal. The
NCT Delhi Administration shall file affidavit in this Court within two E
months indicating progress made in this respect.

R.A. Petition disposed of.