Yamuna Pollution: Delhi High Court sets aside imprisonment of industrial unit owner; directs to plant 100 trees

The Delhi High Court set aside the sentence of imprisonment imposed on the industrial unit namely M/s Kanwarji Raj Kumar, run by one Raj Kumar Gupta in a case concerning the pollution of River Yamuna.

A bench of Justice Swarana Kanta Sharma while upholding the conviction of Gupta, set aside the order on sentence, but in addition to the fine of ₹2 lakhs already deposited, directed him to pay a further fine of ₹10 lakhs.

"The petitioner is also directed to undertake plantation of 100 trees in coordination with the Government of NCT of Delhi, through its Forest Department, in and around Chandni Chowk area or any other location to be identified by the said Department. It is directed that each tree shall have a minimum of two-years‘ nursery age and a trunk height of six feet. The petitioner shall file a compliance affidavit along with proof of plantation before this Court within a period of three months from date", the court further ordered.

Gupta was operating his industrial unit without obtaining the requisite consent and was discharging untreated trade effluent into the public sewer and he was thus held guilty for the offences punishable under Sections 24 and 25 read with Section 26 of the Water Act.

In 2000, the industrial unit namely M/s Kanwarji Raj Kumar, was inspected by a Vigilance Squad comprising SDM (Environment) and engineers of the DPCC, during which it was found that no treatment facility had been provided for the treatment of trade effluent generated by the unit. The trade effluent generated during the process of washing of sweets and namkeen preparation moulds, dishes, containers, and floor washing was allegedly being discharged without any treatment into the public sewer. It was further alleged that the accused was operating the unit without obtaining the requisite consent as mandated under the Water Act. 

High Court noted the Water (Prevention and Control of Pollution) Amendment Act, 2024 which has done away with the punishment under the Water Act and now introduced a penalty, which shall not be less than ten thousand rupees but may extend to fifteen lakh rupees, and where such contravention continues, an additional penalty of ten thousand rupees for every day during which such contravention continues.

While considering Gupta's plea High Court remained mindful that pollution of water bodies, particularly rivers, has serious and long-lasting consequences. "Small eateries, restaurants and food processing units, though individually limited in scale, collectively contribute significantly to pollution when untreated effluents are discharged into public sewers and drains leading to rivers. Such establishments cannot be absolved of their responsibility merely on the ground of size or scale of operation. Compliance with environmental norms is a responsibility shared by all, and the need for deterrence remains an important factor while dealing with offences relating to the environment", Justice Sharma said.

Court noted that the petitioner is about 59 years of age and the offence in question dates back to the year 2000 and more than two decades elapsed since then and the petitioner had been facing trial for about 25 years.

"Having regard to the nature of the offence, the passage of considerable time since its commission, the age of the petitioner, and the legislative intent reflected in the amendment to the Water Act whereby imprisonment has been consciously done away with, this Court is of the considered view that the ends of justice would be adequately served by substituting the sentence of imprisonment with a substantial monetary penalty, coupled with appropriate restorative measures, rather than by requiring the petitioner to undergo further incarceration at this stage", court went on to order.

Case Title: MR RAJ KUMAR GUPTA SOLE PROPRIETOR OF M/S KANWARJI RAJ KUMAR vs DELHI POLLUTION CONTROL COMMITTEE & ANR.

Bench: Justice Swarana Kanta Sharma

Order Date: January 29, 2026