Judgment of the National Green Tribunal in the matter of Nizamuddin West Association Vs Union of India & Others dated 21/11/2024.

It was complained that residents of BLK (North) GK-I RWA are suffering for the last 25 years due to illegal/unauthorized discharge of untreated sewage in rainwater/storm water drain (Kushak drain) wherein concerned authorities have not provided a cover/lid on the drain touching houses from B-159 to B-187 while rest of the drain (14209.776 m2) has been covered. The uncovered portion acts as a chimney like outlet where from extremely obnoxious and poisonous gases are emitted/released. Poisonous and obnoxious gases enter straight into the house’s kitchens/bedrooms of the residents making the life a living hell, 24 hours a day, throughout 365 days of the year.

The residents approached various authorities like Delhi Jal Board (DJB) to stop unauthorized discharge of untreated sewage in storm water drain; Municipal Corporation of Delhi (MCD) to provide lid/cover on the uncovered portion of the drain but nothing has helped them. It was pointed out that the entire storm water drain was earlier uncovered wherein DJB was allowing discharge of untreated sewage from sewerage drains.

With regard to emission of obnoxious and poisonous gases, MCD decided to cover storm water drain and 14209.776 m2 was covered.  Some non-government organizations raised objections regarding covering of storm water drain by instituting proceedings before Tribunal whereafter further covering of storm water drain was stopped by the tribunal. As a result whereof, 1466.11 m2 of the area of storm water drain left uncovered and is now acting as a chimney like outlet, by releasing poisonous gases, which are generated in the covered part of the drain.

A committee after visiting the site found that at Greater Kailash, Andrews Ganj and Nizamuddin portion of the drain the fumes were intolerable. The amount of debris and solid waste/garbage which had accumulated in the concrete boxes which had been constructed  to channelize the flow was, if anything, worst before and the drain had become uncontrollably filthy.

The tribunal, November 3, 2023 noticed failure on the part of DJB in taking appropriate action within the timeline in respect of trapping and diverting the sewage sludge. The court also noted that the drain in question is admittedly a storm water drain but sewage/sludge was allowed to enter the said drain from different locations and this was obviously on account of fault/inaction/negligence on the part of DJB and concerned local body, MCD.

On November 21, 2024 the NGT said that both the Delhi Jal Board (DJB) and Municipal Corporation of Delhi (MCD)  was responsible for causing water pollution by permitting sewage of sanitary drains to be discharged in storm water drain which ultimately pollute river Yamuna and disfiguring and disturbing storm water drain by raising RCC construction of 4 chambers and partition work so as to render its cleaning/desilting improbable and impossible, causing health hazards.

DJB and MCD both have violated the provisions of Water Act, 1974. DJB and MCD both are liable to pay environmental compensation by application of principle of ‘Polluter Pays’. DJB and MCD both shall pay Rs.25,22,79,000 each towards environmental compensation and deposit the same with CPCB within two months. CPCB through its authorized officer shall take steps for initiation of penalty proceedings against responsible authorities/officers of DJB and MCD for committing offence under Section 24 read with Section 43 of Water Act, 1974 and Section 45B of Water Act, 1974 read with Rule 3/4 of Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and imposition of Penalty) Rules, 2024 and submit a compliance report before tribunal by January 31, 2025.

The court directed MCD and DJB to break open storm water drain covers/lids at different intervals across the line of the entire covered drain so that not only cleaning/desilting becomes convenient and possible but also the gases/foul smell find its exit and do not accumulate at one place so as to shoot out from a single point. This exercise shall be completed within one month and its consequences and the result shall be examined in the next one month as to whether it solves the entire problem or not. If the steps taken do not result in solving the problem, MCD will remove the entire 4 chambered RCC cover/walls from storm water drain in its entire length so as to restore storm water drain in question to its original condition and this exercise shall be completed in the next 3 months.

The amount of environmental compensation realized/recovered from DJB and MCD should be utilized by the CPCB for remediation and restoration of environmental damage caused in Delhi in pursuance to a Restoration Plan which shall be prepared by a Joint Committee comprising Member Secretary, CPCB; Member Secretary, DPCC; Principal Chief Conservator of Forest, Delhi and a representative of MoEF&CC, within one month and it shall be executed in next two months after realization of environmental compensation.

Member Secretary, CPCB would be the nodal authority for coordination and compliance. CPCB has been directed to submit a compliance report in respect of the direction by February 28, 2025.