State cannot suffer violation of right to clean environment on any pretext: NGT

New Delhi: Expressing exasperation at the Delhi Development Authority (DDA) and Delhi Jal Board (DJB) not agreeing on a coordinated action plan, the National Green Tribunal (NGT) has observed that the State or its instrumentality cannot suffer a violation of the right to clean environment on any pretext.

The green body was hearing a matter regarding health hazards to residents because of a stagnant open drain in south Delhi’s Vasant Kunj.

In an order passed on December 9, a bench of judicial member Justice Arun Kumar Tyagi and expert member Afroz Ahmad, taking note of the earlier proceedings, said, “The efforts made by this tribunal for coordinated resolution of the environmental issues did not succeed and the environmental issues were not resolved.” The tribunal noted that on November 22, it had observed that the “DDA and DJB are not very serious about the protection of the environment and more interested in their financial matters, leaving people to suffer on account of continuous water pollution and their destiny”.

It took note of the DDA counsel’s submissions about the authority offering possession of the land in question to the DJB, but its physical possession was not taken by the latter and some issues regarding the payment of interest were also pending.

“It may be observed here that the DJB and DDA are, as per their own versions and perceptions, insisting on their own proposed resolution of the environmental issues involved and are not agreeing to and acting upon any coordinated plan of action. What is being proposed by the DJB is not being accepted by the DDA and what is being proposed by the DDA is not being accepted by the DJB,” the tribunal said.

“We reiterate that the right to a clean and healthy environment is a fundamental right and the State and its instrumentality cannot suffer a violation of that right on any pretext, and the environmental issues involved in the case have to be resolved by the officers of all the concerned departments by having a holistic approach and a coordinated and consolidated action plan,” it added.

The tribunal directed the DDA vice-chairman, DJB chief executive officer, Delhi chief secretary and commissioner of the Municipal Corporation of Delhi to “depute, authorise and empower” officers to attend the proceedings physically.

The deputed officers concerned have to “deliberate upon with other officers and find out coordinated resolution of the environmental issues involved and agree upon and implement an action plan with specified budgetary allocation and timelines”, the tribunal said.

The matter has been posted on December 20 for further proceedings.