Yamuna pollution: NDMC cannot shift responsibility to other authority, says NGT on summoning violators

A bench of Justices Sudhir Agarwal and Brijesh Sethi refused to entertain the plea by the corporation which had also sought directions to the Revenue Authorities (District Magistrates and SDMs) of the Delhi government to enforce recovery of the environmental compensation of Rs 5,000 on each incident as per NGT’s 2015 order.

Updated - November 03, 2021 04:18 pm IST

Published - November 03, 2021 04:12 pm IST - New Delhi

The National Green tribunal has dismissed a plea filed by North Delhi Municipal Corporation (NrDMC) to summon the violators who have refused to pay Rs 5,000 fine for throwing waste or other items in the Yamuna river.

The National Green tribunal has dismissed a plea filed by North Delhi Municipal Corporation (NrDMC) to summon the violators who have refused to pay Rs 5,000 fine for throwing waste or other items in the Yamuna river.

The National Green tribunal has dismissed a plea filed by North Delhi Municipal Corporation (NrDMC) to summon the violators who have refused to pay Rs 5,000 fine for throwing waste or other items in the Yamuna river saying it cannot shift its own responsibility and obligation to any other body or authority.

A bench of Justices Sudhir Agarwal and Brijesh Sethi refused to entertain the plea by the corporation which had also sought directions to the Revenue Authorities (District Magistrates and SDMs) of the Delhi government to enforce recovery of the environmental compensation of Rs 5,000 on each incident as per NGT’s 2015 order.

“We have seen the order dated May 8, 2015 and it is very clear. We do not find that it requires any modification. Moreover, the application in question is not maintainable under any provision of National Green Tribunal Act, 2010.

“We are also of the view that there is enough power vested with the applicant establishment, which is a statutory local body, to take appropriate action, as directed by this Tribunal. It cannot shift its own responsibility and obligation upon any other body or authority,” the bench, also comprising expert member Nagin Nanda, said in its November 1 order.

The NGT was hearing a plea filed by NDMC seeking clarification of its 2015 order and sought directions to summon the defaulters to the Tribunal to pay all the outstanding Environmental Compensation.

The plea also sought directions to Delhi Pollution Control Committee for imposing hefty environmental compensation on these habitual polluters.

The tribunal in 2015 had banned dumping of construction material into the Yamuna while imposing a fine of Rs 50,000 on violators, and restrained real estate developers from carrying out any construction work.

The green panel’s verdict had come while hearing a petition filed by Manoj Kumar Mishra of the Yamuna Jiye Abhiyan, seeking a ban on dumping of rubble into Yamuna and ensuring cleaning up of the river.

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