In Re: Outrage As Parents End Life After Childs Dengue Death vs. Union Of India Ministry Of Environment, Forests And Climate Change Secretary

ITEM NO.56 COURT NO.3 SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SMW (C) No(s).1/2015 IN RE: OUTRAGE AS PARENTS END LIFE AFTER CHILDS DENGUE Date : 16-07-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTA Mr. Colin Gonsalves, Sr. Adv. (AC) Ms. Olivia Bang, Adv. For Petitioner(s) For Respondent(s) Ms. Pinky Anand, ASG UOI & Delhi Mr. A.N.S. Nadkarni, ASG Moef Mr. S. Wasim A. Qadri, Adv. Ms. Saudamini Sharma, Adv. Mr. B.V. Balram Das, Adv. Mr. D.L. Chidanand, Adv. Mr. Zaid Ali, Adv. Mr. Saeed Qadri, Adv. Mr. R.R. Rajesh, Adv. Mr. Raj Bahadur, Adv. Mr. Ritesh Kumar, Adv. Mr. Arun Kumar, Adv. Mrs. Anil Katiyar, Adv. Mr. G.S. Makker, Adv. Mr. C.U. Singh, Sr. Adv. Mr. Chirag M. Shroff, AOR Mr. Rahul Mehra, Adv. Ms. Neha Sangwan, Adv. Ms. Sanjana Nangia, Adv. CPCB Mr. Avijit Roy, AOR MCD Mr. Sanjiv Sen, Sr. Adv. Mr. Praveen Swarup, Adv. Mr. K.P. Singh, Adv. For States of Assam Mr. Shuvodeep Roy, Adv. Mr. Sayooj Mohandas, Adv. Bihar Mr. Gopal Singh, AOR Mr. Rituraj Biswas, Adv. Digitally signed by MEENAKSHI KOHLI Date: 2018.07.18 14:49:08 IST Reason: Signature Not Verified

Chhattisgarh	Mr. Atul Jha, Adv.
	Mr. Sandeep Jha, Adv.
	Mr. D.K. Sinha, Adv.
Goa	Ms. Mayuri Nayyar Chawla, Adv.
	Mr. S.S. Rebello, Adv.
	Mr. P.S. Sudheer, Adv.
	Ms. Shruti Jose, Adv.
Gujarat	Ms. Hemantika Wahi, Adv.
	Ms. Mamta Singh, Adv.
	Ms. Vishakha, Adv.
Haryana	Mr. Anil Grover, AAG
	Ms. Noopur Singhal, Adv.
	Mr. Satish Kumar, Adv.
	Mr. Sanjay Kumar Visen, Adv.
H.P.	Mr. Vikas Mahajan, AAG
	Mr. Vinod Sharma, Adv.
J&K	Mr. M. Shoeb Alam, Adv.
	Ms. Fauzia Shakil, Adv.
	Mr. Ujjwal Singh, Adv.
	Mr. Mojahid Karim Khan, Adv.
Jharkhand	Mr. Tapesh Kumar Singh, Adv.
	Mr. Mohd. Waquas, Adv.
	Mr. Aditya Pratap Singh, Adv.
Karnataka	Mr. V.N. Raghupathy, Adv.
	Mr. Parikshit P. Angadi, Adv.
Kerala	Mr. G. Prakash, Adv.
	Mr. Jishnu M.L., Adv.
	Ms. Priyanka Prakash, Adv.
	Ms. Beena Prakash, Adv.
Manipur	Mr. Leishangthem Roshmani, Adv.
	Ms. Maibam Babina, Adv.
Meghalaya	Mr. Ranjan Mukherjee, Adv.
	Mr. S.C. Ghosh, Adv.
Nagaland	Ms. K. Enatoli Sema, Adv.
	Mr. Amit Kumar Singh, Adv.
Odisha	Mr. Som Raj Choudhury, Adv.
	Mr. S. Das, Adv.
	Mr. Prashant Kumar, Adv.

Punjab	Mr. Naginder Benipal, Adv.<br>Mr. Nishant Anand, Adv.<br>Mr. Prithviraj Singh, Adv.
Rajasthan	Mr. S.S. Shamshery, AAG<br>Mr. Amit Sharma, Adv.<br>Mr. Sandeep Singh, Adv.<br>Mr. Ankit Raj, Adv.<br>Ms. Indira Bhakar, Adv.<br>Ms. Ruchi Kohli, AOR
Sikkim	Ms. Aruna Mathur, Adv.<br>Mr. Avneesh Arputham, Adv.<br>Ms. Anuradha Arputham, Adv.<br>for M/s Arputham Aruna & Co.
Telangana	Mr. P. Venkat Reddy, Adv.<br>Mr. Prashant Tyagi, Adv.
Uttar Pradesh	Ms. Aishwarya Bhati, AAG<br>Mr. Anurag Kishore, Adv.<br>Mr. Garvesh Kabra, Adv.
W.B	Mr. Suhaan Mukerji, Adv.<br>Ms. Astha Sharma, Adv.<br>Mr. Amit Verma, Adv.
A&N	Mr. Bhupesh Narula, Adv.<br>Mr. K.V. Jagdishvaran, Adv.<br>Mrs. G. Indira, Adv.
Dadra & Nagar<br>Haveli	Mr. Deepak Jain, Adv.<br>Ms. Prabhleen Kaur, Adv.<br>Mr. Vaibhav Manu Srivastava, Adv.
Daman & Diu	Mr. Deepak Jain, Adv.<br>Ms. Prabhleen Kaur, Adv.<br>Mr. Vaibhav Manu Srivastava, Adv.
Puducherry	Mr. R. Shunmuga Sundaram, Sr. Adv.<br>Mr. V.G. Pragasam, Adv.<br>Mr. S. Prabu Ramasubramanian, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Mr. Yash Pal, Commissioner of Gurugram Municipal Corporation is present in Court today.

It appears that the landfill sites in Gurugram are nothing comparable to the landfill sites in Delhi.

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Perhaps, this is the reason that his assistance may not be of particular use insofar as Delhi is concerned.

An affidavit dated 16.07.2018 has been filed on behalf of the Lieutenant Governor of Delhi. The affidavit is sworn by Mr. Sandeep Mishra, Special Secretary, Urban Development, GNCT of Delhi.

We have been taken through the affidavit by the learned ASG. The affidavit deals with the sanitary landfill sites in operation at Okhla, Ghazipur and Bhalswa.

A Scientific Advisory Committee was constituted by an Office Order dated 22.09.2017. We have been told that on 31.01.2018, the Scientific Advisory Committee has given its recommendation for Ghazipur Landfill Reclamation; on 27.10.2017, the Scientific Advisory Committee has given its recommendation for Bhalswa Landfill Reclamation and an undated note has been prepared by the Project Team at IIT Delhi providing technical advice to the three Municipalities of Delhi for stabilization and closure / rehabilitation of Okhla, Ghazipur and Bhalswa landfills.

These reports and the note have been read over to us as if they are final reports of the Scientific Advisory Committee or any other Committee that has been set up apparently under the directions of the Lieutenant Governor of Delhi.

On going through these reports, it appears to us that the primary recommendation is merely of capping the

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landfill sites. The result of this capping is that garbage is not removed but compacted. The consequence is that if there is some unwanted garbage such as plastic etc. at the depth of 30-40 mts, it will remain over there and will not be taken out at least in the immediate future.

Prima facie**, in our opinion this hardly serves any purpose. The learned** Amicus says that there are other experts in the field and he is in touch with them. He says that they will be able to give site specific reports in respect of Okhla, Ghazipur and Bhalswa keeping in mind the land available, the amount of garbage that is present at the site, time-lines for an appropriate and workable solution and the approximate costs. He says that this will be possible within two weeks from today. We expect three separate reports to be given one for each site.

A copy of the reports may be handed over to the learned ASG so that she can also take instructions from the office of the Lieutenant Governor of Delhi.

We make it clear that the purpose of the reports to be submitted is not with an intention to criticize the reports already placed on record but to find a pragmatic solution to a huge problem.

List the matter on 06th August, 2018.

(MEENAKSHI KOHLI) (KAILASH CHANDER)

COURT MASTER COURT MASTER

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