The judgment emphasizes the Polluter Pays Principle, holding the statutory bodies accountable for environmental violations leading to public health hazards, and mandates immediate remediation actions.

BY HON’BLE M R. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER 1. BLK (North) GK-I RWA (hereinafter referred to as ‘IA applicant’ ) has instituted IA No. 537/2023 in OA 06/2012 and 352/2023 vide letter dated 16.05.2023, filed in Tribunal on 17.05.2023. Application on behalf of Resident’s Welfare has been signed by Shri B.B. Patel, President; Dr.

Sanjay Sachdeva, Sr. Vice President; and Dalip Jolly, Vice President. It is complained that residents of above society are 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 have not provided a cover/lid on the drain touching houses covered. The uncovered portion acts as a chimney like outlet wherefrom extremely obnoxious and poisonous gases are emitted/released.

Poisonous and obnoxious gases enter straight into the house’s kitchens/bedrooms of the residents making the life a living hell, 24 hours Tribunal’s Order dated 09.01.2024 110-113 110-111 Joint Report dated 19.02.2024 filed by MCD and DJB 114-116 111-112 Objections dated 22.02.2024 filed by applicant 117-118 112-113 Tribunal’s Order dated 01.04.2024 119 113 Status Report dated 12.04.2024 filed by MCD 120 113-114 Status Report dated 15.04.2024 filed by DJB 121-123 115-123 Arguments 124-126 123-124 ISSUES 127-128 124-125 ISSUES I AND II 129-173 125-141 ISSUE III 174-211 141-154 Methodology for Computation of Environmental Compensation 177-204 142-152 ISSUES IV and V 212-222 154-157 Operative part 223-228 157-160

from B-159 to B-187 while rest of the drain (14209.776 m²) has been

a day, throughout 365 days of the year. The residents approached various authorities like Delhi Jal Board (hereinafter referred to as ‘DJB’ ) to stop unauthorized discharge of untreated sewage in storm water drain;

Municipal Corporation of Delhi (hereinafter referred to as ‘MCD’ ) to provide lid/cover on the uncovered portion of the drain but nothing has helped them.

2. They also filed writ petitions in Delhi High Court in 2004, 2006, 2008 and 2010. Contempt and Perjury proceedings were also initiated in Delhi High Court.

3. It is pointed out that the entire storm water drain was earlier uncovered wherein DJB was allowing discharge of untreated sewage from sewerage drains. With regard to emission of obnoxious and poisonous gases, MCD decided to cover storm water drain and 14209.776 m2 was covered. Some non-government organizations raised objections regarding covering of storm water drain by instituting proceedings before Tribunal whereafter further covering of storm water drain was stopped by Tribunal, as a result whereof, 1466.11 m2 of the area of storm water drain left uncovered and is now acting as a chimney like outlet, by releasing poisonous gases, which are generated in the covered part of the drain.

4. For Redressal of their grievance, IA applicants approached Delhi High Court by filing Writ Petition (Civil) No. 4246/2019, B B Patel and Others vs. Govt. NCT of Delhi and Others which was disposed of vide order dated 24.04.2019, directing the Committee constituted by this Tribunal to look into the grievance of petitioner and pass appropriate order within two months. High Court further observed that in case petitioner still have any grievance against the order passed by the Committee, they may approach Tribunal.

5. IA applicants approached Yamuna Pollution Monitoring Committee where several meetings took place from time to time and the site was also visited but nothing concrete could be done. Later, said Committee was wound up without taking any final decision in the matter.

6. In the circumstances, IA applicants had approached this Tribunal by filing above IA with the request that MCD be directed to provide lid/cover on the remaining portion of storm water drain and also to direct DJB to ensure that no sewage and sludge is discharged in storm water drain.

7. In view of the directions given by Delhi High Court in Writ Petition (Civil)