The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the usage of Yamuna water instead of Ganga water in Agra due to closure of Tehri Dam in Uttarakhand.
The Petition is registered suo-moto on the basis of the news item dated 12.05.2024.
As per the article, more than 5 lakh residents of Agra city will not get Ganga water for 45 days, between May 15 and June 30 as the supply of Ganga water from Tehri Dam will be reduced to half. In such a situation, Yamuna River will be used to meet the water shortage.
The news item states that water of Yamuna River is not fit for drinking at all. This has also been stated in the water quality report of Uttar Pradesh Pollution Control Board. In the report, Yamuna has been included in D category which is suitable only for fish farming and irrigating forests.
The article highlights that Agra gets 140 cusecs of water from Palda Fall of Bulandshahr through Upper Ganga Canal. The quality of water of river Ganga is better here with the water soluble oxygen being 10 and biochemical oxygen demand (BOD) being 1.40. Total coliform in Ganga water is 280 million per 100 ml. But on the contrary, the water of Yamuna River in Agra is 100 times more polluted than the water of Ganga. Leave alone drinking, this water is not even suitable for bathing.
The news item states that in this scorching heat, more than 5 lakh people of the city will have to face water crisis, this crisis may have to be faced not for one or two days but for 45 days. During this period, the supply of Ganga water coming to the city will be stopped, thus affecting the water supply system of Agra.
The above matter indicated Bench violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Central Pollution Control Board, Through its Member Secretary.
ii. Uttar Pradesh State Pollution Control Board, Through its Member Secretary.
iii. Director General, National Mission for Clean Ganga.
iv. Ministry of Environment, Forest & Climate Change.
v. District Magistrate, Agra.
The Bench issued notice to the Respondents and listed the matter on 25.09.2024.