Supreme Court stays NGT’s ₹50 crore penalty on DJB, MCD over Yamuna pollution

THe sublime margaret court on fri position on carry a National Green Tribunal (NGT) order imposing environmental compensation of ₹50.44 crore on the Delhi Jal Board (DJB) and Municipal Corporation of Delhi (MCD) for their alleged failure to curb pollution of the city’s stormwater drains, which eventually contaminates the Yamuna.A bench led by Chief Justice of India Bhushan R Gavai, and also comprising justices K Vinod Chandran and NV Anjaria, stayed the penalty order of November 2024 while issuing notices on separate appeals filed by the two agencies.Appearing for DJB, additional solicitor general SV Raju pressed for an immediate suspension of the NGT’s directions, arguing that the order imposed a substantial financial burden on public bodies while disputes over compliance and liability were still being contested.In its November 2024 ruling, an NGT bench headed by chairperson Justice Prakash Shrivastava directed MCD and DJB to deposit ₹25.22 crore each with the Central Pollution Control Board (CPCB) within two months.The tribunal held DJB responsible for allowing drains carrying untreated sewage and industrial waste to merge with stormwater channels, effectively turning the latter into open sewers. It noted that DJB had failed over several years to maintain separate lines for sewage and stormwater, despite repeated directions.“This is a failure of discharge of statutory function on the part of DJB… for such failure undoubtedly, DJB is responsible,” said the order, adding that the raw sewage in stormwater drains caused “serious water pollution” before entering the Yamuna.MCD was castigated for covering parts of stormwater drains, notably the Kushak drain, with reinforced concrete chambers to create additional parking space. The tribunal said this “wholly unmindful and illegal activity” altered the natural shape of the drains, made cleaning and desilting almost impossible, and aggravated the plight of residents.“The grievance and plight of residents…have been aggravated by a wholly unmindful and illegal activity on the part of MCD… not for the purpose of anything relating to protection of environment but only to make additional land available for parking/road cum parking,” the order said.The NGT cited a 2016 National Capital Region Planning Board (NCRPB) report highlighting the encroachment and covering of natural drainage channels, silting, and mixing of sewage into stormwater drains.The tribunal observed that despite multiple earlier orders, inspections, and extended deadlines, DJB had not acted effectively to prevent the discharge of untreated sewage into stormwater drains, which ultimately empty into the Yamuna. It ordered a partial removal of the concrete covers at regular intervals to allow for cleaning and to prevent foul gases from accumulating and releasing from a single point.The DJB was directed to tap or divert drains carrying sewage into stormwater lines within three months. “Stormwater drain systems should carry rainwater and nothing else to maintain the ecology and environment… sewage should flow through the sewerage network and finally be treated at STPs before disposal into the river,” the NGT’s 160-page judgment said.