New Delhi, Nov 21 (PTI) The National Green Tribunal (NGT) on Thursday imposed a fine of over Rs 50 crore on the Municipal Corporation of Delhi (MCD) and the Delhi Jal Board for violating environmental rules.

The NGT observed that the Delhi Jal Board (DJB) failed to discharge its statutory duties in preventing sewage discharge into storm water drains which meet river Yamuna. It said the MCD had acted beyond its authority to alter the conditions and functional efficacy of a storm water drain in South Delhi.

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A bench of NGT Chairperson Justice Prakash Shrivastava said, "Here is not the case where failure on the part of DJB in preventing discharge of sewage in storm water drains which are ultimately leading to river Yamuna has been noticed, condemned and castigated for the first time but various (previous) orders clearly show that repeatedly directions were issued, time was granted and opportunity was granted… but all efforts have failed."

The bench also comprising judicial members Justices Arun Kumar Tyagi and Sudhir Agarwal, and expert member Afroz Ahmad underlined that different sewage drains were connected to the storm water drains and had turned them into a sewer-carrying drain which ultimately polluted river Yamuna.

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"Storm water drain system should carry rainwater and nothing else to maintain the ecology and environment. Ideally, storm water should flow through its designed natural drainage system and sewage (should flow) through the sewerage network and finally be treated at STPs before it is finally disposable into the river," the 160-page order said.

It said the raw sewage in the storm water drains caused "serious water pollution" and there was a "failure of discharge of statutory function" by DJB, which had failed to "maintain the difference" between storm water and sewer drains.

Castigating the MCD for its "wholly unmindful and illegal activity" of covering a part of the Kushak drain by constructing four reinforced concrete chambers (RCCs) to make additional parking land available, the tribunal said it had worsened the existing situation.

It said, "Even MCD has committed a manifest illegality by disturbing and changing the structure of storm water drain (Kushak drain)... thereby bringing a situation where cleaning of drains becomes practically impossible in an effective manner and it is resulting in the emission of huge quantity of obnoxious and toxic gases from the open part of the drain causing health hazards to the local people and also causing air pollution."

The tribunal said by altering the "functional efficacy" of the Kushak drain, the MCD had "acted beyond its authority" and was "equally guilty of causing pollution" and violating environmental rules.

It directed both MCD and DJB to pay an environmental compensation of around Rs 25.22 crore each to the Central Pollution Control Board (CPCB) within two months for flouting environmental rules.

"The amount of environmental compensation recovered from DJB and MCD shall be utilised by CPCB for remediation and restoration of the environmental damage caused in Delhi in pursuance to a restoration plan," the tribunal said.

It said the plan had to be prepared by a joint committee comprising the member secretaries of the CPCB and Delhi Pollution Control Committee (DPCC), a representative from the Union Ministry of Environment Forest and Climate Change and the Principal Chief Conservator of Forest.

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