The court established that local authorities are liable for environmental degradation due to untreated sewage discharge into River Yamuna, applying the 'Polluter Pays' principle and imposing significant compensation.

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. In both the matters, complaint is in respect of pollution of River Yamuna at Agra and Mathura-Vrindavan due to discharge of untreated sewage in the river. Since issues are common, therefore, both matters have been heard together and are being decided by this common judgment.

2. Original Application No. 840/2022 (hereinafter referred to as ‘OA –I’) raises an issue of serious degradation of environment due to pollution of water in River Yamuna at Agra. It has come up before this Tribunal under Sections 14, 15, 16 and 17 read with Section 18(1) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’), at the instance of Dr. Sanjay Kulshreshtha who had appeared in person. Applicant has given his credentials as Senior Consultant Paediatric Surgeon, having concern about various environmental issues.

3. Applicant in OA-I has stated in brief that pollution in River Yamuna is affecting aquatic life and killing fishes in mass due to deposit of huge silt in river bed at Agra. Pollution is also causing green staining of precious monument i.e., Taj Mahal. Every year, large number of fishes are reported dead at various locations in River Yamuna at Agra. Number and severity of mass killing of fishes is increasing year by year. It was reported on 16.11.2021 and 22.07.2021 in Sikandara-Taj Mahal area at Agra that thousands of dead fishes have covered water surface of river Yamuna and death has occurred due to abnormally low Dissolved Oxygen (hereinafter referred to as ‘DO’) in river water. DO level near Agra waterworks is 1.7 milligram per litre (hereinafter referred to as ‘mg/l’) against the prescribed standard of not less than 3 mg/l which is vital for life of aquatic animals

like fish. Two more such major mass killings of fishes occurred on 04.11.2018 and 13.06.2015. In support, copies of the newspapers publishing the said incidents have been filed as annexure A/1, A/2, A/3 and A/4. It is alleged that discharge of untreated liquid waste in river water is causing oxygen depletion, resulting in death of fishes in river water.

4. Applicant on exploration of issue found that as long back as in 2002 also, thousands of fishes had died in Sikandara-Taj Mahal area at Agra covering the water surface and this was noticed in an article written by Mr. Prabhanjan Verma under the title “Down to earth: report: Fishy deaths, The mystery of large-scale fish fatalities in the Yamuna near Agra and the conflicting official theories”. Such incidents are common and in the subsequent period, occurrence of incidents has become more frequent and prominent, particularly, close to some townships or populated area.

5. Central Pollution Control Board (hereinafter referred to as ‘CPCB’) report said that level of DO throughout the year in river Yamuna was less than 4 mg/l and at some locations, it was 0.0 mg/l due to discharge of untreated and partially treated waste water. CPCB has also found water quality of river Yamuna in category ‘E’ which means that it is fit for recreation and industrial cooling only. In support thereof, copy of a report of Anil Kumar Mishra, Department of Civil Engineering, institute of Technology and Management, Gurgaon, India under the title “A River about to Die: Yamuna”, has been filed as annexure A/5. It is said that virtually river has turned into a nallah. Recent and strange kind of complication arising during summer is that large amount of silt and mud collected in Yamuna is causing growth of special types of insects called

“Chironomus Calligraphus” (Geoldichironomus). These insects after getting proliferated, move from river to Taj Mahal where they leave black- green excreta which turns the marble stone of Taj Mahal into green. A

report under the title “Pollution turns India’s white marble Taj Mahal yellow and green” written by Mr. Sunil Kataria published i