Yamuna Pollution: SC stays NGT penalty of 25.2 crore each on DJB, MCD

The Supreme Court of India has stayed the penalty imposed on Delhi Jal Board (DJB) and Municipal Corporation of Delhi (MCD) for polluting River Yamuna.

A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria has stayed the penalty order of November 21, 2024 while issuing notices on appeals filed by the two agencies.

Additional Solicitor General SV Raju told the court that the order of NGT imposed a substantial financial burden on public bodies.

In the impugned order, DJB and MCD, both were held 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 etc. improbable and impossible.

DJB and MCD both were held liable to pay environmental compensation by application of principle of ‘Polluter Pays’ and were accordingly directed pay Rs.25,22,79,000/- each towards environmental compensation and deposit the same with Central Pollution Control Board (CPCB).

"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 31.01.2025", NGT's Principal bench had ordered.

It was further ordered that the amount of environmental compensation realized/recovered from DJB and MCD shall be utilized by 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.

An application was filed before NGT by BLK (North) GK-I RWA stating that residents of said society were suffering for the last 25 years i.e., 1990 due to illegal/unauthorized discharge of untreated sewage in rainwater/storm water drain (Kushak Drain) wherein concerned authorities had not provided a cover/lid on the drain touching some houses while rest of the drain had been covered.  

The Tribunal was told that the uncovered portion acted as a chimney like outlet wherefrom extremely obnoxious and poisonous gases were emitted/released. Poisonous and obnoxious gases enter straight into the house’s kitchens/bedrooms of the residents making the life a living hell, it was told.

NGT noted that huge quantity of sewerage was being discharged in River Yamuna on account of complete neglect on the part of DJB by allowing sanitary drains/sewer lines to discharge sewerage in storm water drain and thereby mandate Section 24 of Water Act, 1974 was being flouted. 

"MCD is also equally guilty and responsible for violation of environmental laws by changing the natural shape of storm water drain constructing box type RCC chamber and that too, in such a manner by raising a partition wall also that its regular cleaning and de-siltation is not practically possible through machines and this is adding to the woes of the local people", the NGT had further found.

Case Title: DELHI JAL BOARD vs. BLK (NORTH) GK 1 RWA

Hearing Date: August 8, 2025

Bench: CJI Gavai, Justices Chandran and NV Anjaria