A Supreme Court bench of Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice Manoj Misra recently stayed a January direction of the NGT that the L-G chair a high level committee to handle issues concerning the rejuvenation of the Yamuna River. The Court further clarified that the rest of the committee shall continue to function. This was after the AAP government approached the Court saying this move was unconstitutional.
The matter pertains to seeking remedial action against the unabated pollution of Yamuna River because the authorities failed to ensure it to the detriment of rule of law, environment and public health. The plea highlights the alarming levels of pollution in Delhi and its adverse effects on public and the environment.
The increasing pollution in the river can be gauged from the reactions of farmers living across the river and who have been the most affected by its declining water quality for over 30 years. They claimed that they used to drink the Yamuna water and even take bath at the ghats there, but the smell of sewage makes it difficult to even stand near them now.
The AAP government is committed to implementing the six-point action plan to clean Yamuna River in order to convert the national capital into a “Clean, Beautiful, and Modern City” by 2025. It is constructing new sewage treatment plants and increasing/upgrading the capacity of existing ones. Delhi Chief Minister Arvind Kejriwal assured the public that the said plan would increase the sewage treatment capacity from around 600 million gallons of wastewater a day to 750 MGD-800MGD (Millennium Development Goals).
There are four major drains falling in the Yamuna—Najafgarh, Badshahpur, Supplementary and Ghazipur—which is being treated in situ water treatment, a method of breaking down and purifying hazardous substances present in soil and groundwater. It involves mixing chemicals directly into the water instead of pumping water for treatment through a water treatment plan. The government has dedicated Rs 85 crore for rejuvenating Yamuna and water bodies and Rs 1 lakh for riverfront development.
Delhi Finance Minister Kailash Gahlot reportedly said: “The government aims at trapping major drains, sewers and supplementary drains, which discharge directly into the river. More sewage treatment plants will be constructed and 100% sewer connectivity in about 73% of the unauthorised colonies will be ensured by the end of the financial year against the current 41%.”
He also said: “Yamuna is the lifeline of Delhi. It holds a deep significance in our culture and religious beliefs. Therefore, any vision to develop Delhi into a clean, beautiful and modern city must put the cleaning and rejuvenation of Yamuna at the forefront.”
During the meeting between the Environmental Department of Delhi and Delhi Jal Board, it was observed that in 2014, the Biological Oxygen Demand (BOD) at Palla (where Yamuna enters Delhi) was well within acceptable limits at two and at the exit at Okhla Barrage, the BOD was 32. But in 2023, the BOD at Okhla had risen to 56, an astonishing rise.
The Supreme Court had taken cognisance of Yamuna’s contamination in 1994 in Yamuna vs Central Pollution Board & Anr. In 2004, the Court established a committee led by the Secretary of Urban Development, together with other members to monitor efforts for bridging the gap in garbage generation and treatment required for the restoration of the Yamuna River. However, as the situation remained the same, the Supreme Court ordered that “C” category water be removed from all encroachments up to 300 m on both banks of the river.
Meanwhile, the NGT had taken up a matter—Manoj Mishra vs Union of India—where it gave instructions to stop the discharge of pollutants into the river, preserve environmental flow, safeguard flood plain zones and eliminate encroachments. The plan was to install 32 additional STPs for 32 major and minor drains, as well as upgrade and maintain the existing sewer network by March 31, 2017, but the committee kept changing and progress remained insufficient, prompting the formation of the Yamuna Monitoring Committee (YMC) led by former Chief Secretary Shailaja Chandra.
Subsequently, the NGT passed an order considering the recommendations of the YMC report, which suggested that a single agency deal with the pollution in all drains of Delhi and a single coordinating authority by the DDA for the protection of the flood plain, the creation of wetlands, tree plantation drives, use of treated wastewater, etc. The Tribunal directed the constitution of a Special Purpose Vehicle by the DDA for the management of flood plains and an Integrated Drain Management Cell.
In Shamsher Singh vs Govt. of NCT of Delhi, the Tribunal dealt with the issue of unscientific disposal of sewage by septic tank cleaners in Delhi and asked for the monitoring of dumping of septage into the drains and water bodies in Delhi and the levying of compensation.
The Tribunal then constituted a high level committee of concerned authorities and reportedly stated: “We request the Lieutenant Governor, Delhi, who is Chairman DDA and Administrator of Delhi under Article 239 of the Constitution, to head the Committee.”
But the Delhi government filed a petition before the apex court challenging the appointment of the L-G, claiming it was unconstitutional to appoint an unelected figurehead who does not have any authority to act on his own except with the aid and advice of the elected Delhi government and suggested that it be chaired by the chief minister of Delhi.
The petition argued that pollution necessitated immediate remedial measures such as using treated water for agriculture, horticulture, or industrial purposes, preventing waste discharge and dumping, protecting floodplain zones, maintaining dredging flow, implementing plantations and desilting drains. These initiatives would consume a significant portion of the Delhi budget. The government contended that it was critical that the chief minister and the elected government were not marginalised in the committee’s decision-making process.
It is crucial for all stakeholders to work together to revive the Yamuna and ensure its sustainable future for generations to come.
—By Ritika Gaur and India Legal Bureau