The Principal Bench of the National Green Tribunal, comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member) and Dr Senthil Vel (Expert Member) in the case of Nizamuddin West Association Vs Union of India & Ors has directed the authorities to take strict action against the violators who are still discharging the waste in Yamuna river.
The tribunal in its earlier order had issued directions for taking remedial measures for rejuvenation of Yamuna in a time bound manner and the matter was disposed of. The same was restored by the Hon’ble Supreme Court vide order dated 21.10.2022 in Civil Appeal for monitoring of compliance of the directions by this Tribunal in the light of its order dated 27.01.2021.
In view of consistent failure of authorities earlier as noted in the order dated 27.1.2021, the Tribunal constituted a High Level Committee (HLC) headed by Lieutenant Governor, Delhi with other concerned authorities as members in Delhi for monitoring and filing status report periodically.
The Govt. of NCT of Delhi through Special Secretary had filed status report which was perused by the Tribunal. The Tribunal then observed that coercive measures against such serious violations are not in sight and some steps have been taken for restoration of flood plains and action plan prepared which is being monitored but the fact remains that overall situation is extremely disappointing till large scale pollution remains unchecked.
The Bench further pointed that discharge of pollution in river and failure to implement repeated directions for coercive against violators, including officers responsible for failure to prevent pollution, is practically lack of governance with no remedy to the suffering citizens, inspite of guaranteed constitutional right.
Therefore, the bench directed the NCT of Delhi to file progress report by 30.09.2023 and hoped that prompt penal action will be taken in a mission mode not only against violators but also those who are failing to check the violators.
Case Details
Case:- Original Application No. 06/2012
Petitioner:- Nizamuddin West Association
Respondent:- Union of India & Ors.
Judge: Justice Adarsh Kumar Goel, Justice Sudhir Agarwal and Dr Senthil Vel
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