Judgment of the National Green Tribunal in the matter of Dr. Sanjay Kulshresthra Vs Government of Uttar Pradesh & Others dated 24/04/2024.

The matter related to pollution of river Yamuna at Agra and Mathura-Vrindavan due to discharge of untreated sewage in the river. Applicant on exploration of issue found that as long back as in 2002 also, thousands of fishes had died in Sikandara-Taj Mahal area at Agra covering the water surface and this was noticed in an article written by Prabhanjan Verma under the title “Down to earth: report: Fishy deaths, The mystery of large-scale fish fatalities in the Yamuna near Agra and the conflicting official theories”. Such incidents are common and in the subsequent period, occurrence of incidents has become more frequent and prominent, particularly, close to some townships or populated area.

In a 200 page judgment, NGT Chairperson, Justice Prakash Shrivastava and Justice Sudhir Agarwal categorically stated that "when polluted sewage is being discharged in river Yamuna and water of the river is being polluted, the violators must be held responsible and should pay environmental compensation for the entire quantity i.e., each litre of such polluted sewage which is being discharged in River Yamuna".

When it comes to Agra city, STPs installed capacity is 220.75 MLD while all 9 drains are discharging 286 MLD of sewage in river Yamuna. Therefore, there is clear gap of 65.25 MLD or 65250000 litres. Thus, 65.25 MLD i.e., 65250000 litres of totally untreated sewage is being discharged in river Yamuna at Agra. When it comes to Mathura,  there is gap of 1.25 MLD i.e., 1250000 litres in the installed capacity of STPs and the total discharge of sewage by all 23 drains at Mathura, the court was informed.

The NGT directed that Agra Nagar Nigam is liable to pay environmental compensation of Rs.58,39,20,000 and the amount has to be deposited with the Uttar Pradesh Pollution Control Board (UPPCB) within 3 months. While Mathura-Vrindavan Nagar Nigam is liable to pay environmental compensation of Rs.7,20,10,000 the NGT said. The amount of environmental compensation shall be used for remediation/rejuvenation/restoration of environment in the Agra, Mathura and Vrindavan region on the basis of a rejuvenation plan which shall be prepared jointly by a Joint Committee comprising CPCB, UPPCB and concerned District Magistrates.