Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Court on its Own Motion v. Govt. of NCT of Delhi & Ors has issued directions that have been issued in pursuance of ensuring proper environmental standards and public health safety in the NCT of Delhi.

What was the Background of Court on its Own Motion v. Govt. of NCT of Delhi & Ors Case?

• The Delhi High Court initiated a suo motu Public Interest Litigation (PIL) in 2022, taking cognizance of an article published in the Times of India dated 18^th June, 2022.
• The primary concerns that led to the initiation of said PIL were:
  • Lack of rainwater harvesting efforts by the authorities
  • Severe traffic congestion, particularly during monsoon season
• The matter involves multiple statutory bodies including:
  • Central Pollution Control Board (CPCB)
  • Delhi Jal Board (DJB)
  • Office of the Chief Secretary, Delhi Government
• The case concerns the operation of Sewage Treatment Plants (STPs) in the National Capital Territory of Delhi (NCT) and their discharge into the River Yamuna.
• The matter involves issues related to:
  • Management of drainage systems
  • Rejuvenation of water bodies
  • Maintenance of the Yamuna River and its flood plains
  • Implementation of rainwater harvesting measures
• Photographic evidence from Taimur Nagar main drain was presented before the Court during the proceedings.
• A photograph published in India Today dated 7th November showing a devotee offering Chhath Puja in River Yamuna was brought to the Court's attention.
• The Special Secretary, IDMC made a presentation before the Court outlining various steps taken and proposed timelines for compliance with previous directions.
• The matter pertains to unauthorized polluting industries in residential areas discharging waste into the drains, which subsequently flow into the Yamuna River.
• The instant matter involves issues of desilting of 22 main drains, sewers, and storm water drains within the jurisdiction of Delhi.

What were the Court’s Observations?

• The Delhi High Court observed that:
  • The STPs in the NCT are not functioning as per required norms.
  • Raw sewage is being released into the Yamuna River, contrary to established environmental standards.
  • The Court has noted with dissatisfaction the desilting operations of the 22 main drains, sewers, and storm water drains carried out by the statutory agencies.
  • The chemical foaming evidenced in the photograph of Chhath Puja contradicts the data furnished before the Court regarding sewage treatment standards.
  • The presentation given by the Special Secretary regarding sewage treatment measures "did not appear to be accurate."
• The Delhi High Court has issued the following directions for the protection of Yamuna River
  • In relation to STPs monitoring:
    • Tamper-proof meters must be installed to record:
      • Operational timings of STPs
      • Electricity consumption of STPs
  • In relation to data transparency:
    • The Delhi High Court ordered that all operational data must be uploaded in real-time on the websites of:
    • CPCB
    • DJB
    • Delhi Government Chief Secretary's Office
  • In relation to discharge monitoring:
    • Mandated that all STPs must install sensors at discharge points where treated water enters the Yamuna River to record:
    • Quality of treated water
    • Quantity of treated water
    • Biological O2 demand (BOD)
    • Chemical O2 demand (COD)
    • Total suspended solid (TSS)
    • Fecal coliform
    • Dissolved phosphate
• These directions have been issued in pursuance of ensuring proper environmental standards and public health safety in the NCT of Delhi.
• The Delhi High Court has scheduled the next hearing of the matter for 22nd November 2024.

What is Water (Prevention and Control of Pollution) Act, 1974?

About

• This act provides for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment of boards with the same purpose.
• It is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water.
• Parliament has no power to make laws for the States with respect to any of the provided matters except as provided in articles 249 and 250 of the Constitution.
• As per clause (1) of Article 252 of the Constitution of India, 1950 resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law.

Power & Functions of Board Under the Act

• It is provided under Chapter IV of the Act as:
  • Functions of Central Board:
    • Promote cleanliness of streams and wells
    • Advise Central Government on water pollution prevention and control
    • Coordinate activities of State Boards
    • Provide technical assistance to State Boards
    • Carry out research on water pollution
    • Set standards for streams and wells
  • Functions of State Boards:
    • Plan and secure execution of programs for pollution prevention/control
    • Advise State Government
    • Collect and disseminate information
    • Encourage/conduct research
    • Inspect sewage/trade effluents and treatment plants
    • Lay down effluent standards
    • Evolve treatment methods

Penalty Under the Act for Offences by the Government

• Section 48 of the Act states the Penalty as:
  • When an offence has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty.
  • Except, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.