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The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela highlighted, “There is a garb of untreated waste going into the river… we cannot clean up Yamuna within one day… The pollution in Yamuna is all-time high per a report of September 2024. The biggest reason is untreated sewage pouring into the river from unauthorized colonies”.
The Delhi High Court, on November 6, dismissed a petition filed by Purvanchal Nav Nirman Sansthan challenging a blanket ban effectively preventing devotees from performing Chhath Puja at the Yamuna Riverbank.
Advocate Surya Kant Vyas, representing the Sansthan, argued that the festival held deep significance, symbolizing respect for nature. Advocate Vyas asserted that the devotees would not litter the place as cleanliness is an important aspect of the festival. It was also contended that the government could facilitate the festival by releasing water from the Hathni Kund Barrage.
However, the court expressed concerns over the rising pollution levels of the water, warning that entering the river could pose serious health risks. Counsel for GNCTD supported the Court’s stance, reiterating that ‘Yamuna River was very polluted’.
The court further remarked that approximately 800 unauthorized colonies dump their untreated sewage into the river, making it a significant public health risk. The court noted that the last-minute cleanup of the river would be unfeasible. “At the eleventh hour, we cannot do anything”, the court added.
The court observed that there are about 241 jhuggi-dwellers encroaching the Yamuna river drains, with widespread reluctance among politicians to remove these people. Chief Justice Manmohan remarked that the city’s mindset needs to be realigned, as there is no consensus on the need to clean up the river.
In response, Advocate Vyas requested immediate action, suggesting that the government should make efforts to clean the river, to ensure that the devotees can perform the Chhath Puja in the following year. The court, however, dismissed the petition noting that a separate petition should be filed seeking action to clean up the river.
The court also underscored that per a report of September 2024, the pollution in the river is at an ‘all-time high’. The court further noted that the Government had designated about 1000 alternative locations throughout the city where devotees could safely perform the ritual.
The court further remarked that the issue extended beyond pollution, noting the complex socio-political factors involved, such as politicians pledging support to communities encroaching on the riverbanks, which hindered cleanup efforts. Therefore, the court dismissed the petition, noting that the clean-up would need a city-wide effort.
Case Title: Urvanchal Nav Nirman Sansthan Vs Govt Of NCT Of Delhi (W.P.(C)-15472/2024)
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