Yamuna pollution: Supreme Court stays NGT’s Rs 50 crore penalty order on Delhi Jal Board, MCD

The white foam over the surface of Yamuna is caused by the reaction between toxins and organic matter, including untreated sewage and industrial waste.

The Supreme Court on Friday (August 8) stayed last year’s order of the National Green Tribunal, which imposed a fine of Rs 50.44 crores on the Delhi Jal Board (DJB) and Municipal Corporation of Delhi (MCD) over their alleged failure to prevent pollution of the Delhi’s stormwater drains and river Yamuna.

A bench led by CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria was hearing a challenge by the Delhi Jal Board (DJB) against the NGT's order dated November 21, 2024. The bench, while issuing notices on separate appeals by two agencies, ordered the stay of operation of the impugned order that imposed penalty on the DJB and MCD.

Additional Solicitor General SV Raju, representing DJB, told the court that the penalty imposes significant financial burdens on the public authorities. He appealed for an immediate suspension of the NGT’s directions adding that the disputes over compliance and liability were still being contested.

The matter is posted for hearing after 2 months.

The NGT bench headed by chairperson Justice Prakash Shrivastava, in the impugned order , had imposed a fine of Rs 50 crores on the MCD and DJB over their alleged failure to prevent sewage discharge into stormwater drains which eventually contaminates Yamuna river.

It directed MCD and DJB to deposit Rs 25.22 crore each with the Central Pollution Control Board (CPCB) within two months.

Holding the DJB responsible for allowing drains carrying untreated sewage and industrial waste to merge with stormwater channels, effectively turning the channels into open sewers, the tribunal in a 160-page order had said that DJB had failed over several years to maintain separate lines for sewage and stormwater, despite repeated directions.

It noted that the authorities changed the functional efficacy of the stormwater drains called the Kushak drain which resulted in the emission of toxic gases from the open part of the drain, affecting the health of locals and causing air pollution.

It had said that the raw sewage in stormwater drains caused “serious water pollution” before entering the Yamuna.

Also reprimanding the MCD for being "equally guilty of causing pollution", the tribunal had observed that the alteration of the Kushak drain was done beyond its mandate.

The bench slammed the MCD for covering parts of Kushak stormwater drains with reinforced concrete chambers to create additional parking space, citing a 2016 National Capital Region Planning Board (NCRPB) report.

The report highlighted the encroachment and covering of natural drainage channels, silting, and mixing of sewage into stormwater drains.

Calling it “wholly unmindful and illegal activity” which changed the natural shape of the drains, making cleaning and desilting almost impossible and also adding to the plight of residents, the bench imposed the penalty on MCD.

The NGT order had noted that it was not done for the purpose of anything relating to protection of environment but only to make additional land available for parking and road cum parking.

The tribunal said that DJB had not acted effectively to prevent the discharge of untreated sewage into stormwater drains despite multiple directions and extended deadlines.

The NCT had also ordered partial removal of concrete covers at regular intervals to allow the release of gas instead of getting it concentrated and released from a single point. It had also asked the DJB to divert the drains carrying sewage into stormwater lines within three months, saying stormwater and sewage should flow separately to maintain the ecology and environment.