In the Supreme Court of India

Writ Petition (PIL) No. 537/92

In the matter of

Comdr. Sureshwar D. Sinha .................. Petitioner

Versus

Union of India & others ......................Respondent(s)

Affidavit of Dr. B. Sengupta, s/o Shri Sailen Sengupta, Member Secretary, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, Delhi-110 032, regarding compliance of the Hon'ble Supreme Court's order, dated March 12, 1999 on Adequate water supply to Delhi in Summer from Haryana & Yamuna - Ganga rivers.

I, Dr. B. Sengupta, s/o Shri Sailen Sengupta, working as Member Secretary in the Central Pollution Control Board, East Arjun Nagar, Delhi, do hereby solemnly affirm and declare as under.

That I, in the capacity of the Member Secretary of the Central Pollution Control Board, am well conversant with the facts of the case and hence competent to swear this affidavit.

That the clean water flowing in the Ganga & Yamuna rivers is being diverted for irrigation and drinking purpose in foot-hill regions, through canals. This has affected the normal flow of these rivers. Since the demand for water has considerably increased in summer months practically no water is allowed to flow in these rivers.

That the Ganga river is diverted into Upper Ganga Canal at Haridwar through a barrage and into Lower Ganga Canal at Narora barrage. This diversion has affected the normal flow of the river significantly. Similarly, the Yamuna river is diverted into Western Yamuna Canal and Eastern Yamuna Canal at Tajewala (Haryana) and into Agra Canal at Okhla (Delhi). These diversions have significantly affected the flow of the rivers. In summer seasons, due to increased demand of water for irrigation and drinking, no water is allowed to flow downstream of the diversion barrages. Thus, the rivers remain dry in various segments.

That the water scarcity in these rivers has magnified the pollution problem in urban centres. Due to non-availability of fresh water flow, it is very difficult to achieve the water quality targets in these rivers, even if the entire wastewater discharge, is treated upto secondary level (only techno-economic feasible option). Thus, even if the sewage and industrial effluents presently under various stages of control under the Ganga Action Plan and the Yamuna Action Plan, are fully treated, the water quality objectives as defined under "Designated Best Use" criteria of CPCB cannot be achieved in the absence of natural flow in the rivers.

That any wastewater treatment technology which is economically feasible, cannot make wastewater totally free from pollution. Some residual pollution is always left in the treated wastewater which is to be taken care by the receiving water body through the process of dilution and self purification. These processes are possible only when there is adequate natural flow in any water body.

That the minimum flow required to maintain ecological system and natural self-purification capacity of the Ganga & the Yamuna was estimated by an Expert Group as 1400 cusecs & 352 cusecs in the Ganga d/s of Narora & the Yamuna in Delhi stretch respectively. This is required particularly during the lean season to ensure the assimilative and regenerative capacities of the rivers.

DEPONENT

Verification

Verified at Delhi on this 26^th day of April 1999 that the contents of the above affidavit are correct to the best of my knowledge and belief and nothing has been concealed thereon.

DEPONENET