Disposed

Dr Lokesh Kumar vs

NGT30 Jan 2025Original Application No. 257/2024

Case brief

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What is this about?

The National Green Tribunal disposed of an application seeking dredging of drains polluting the Yamuna River, directing the Irrigation and Flood Control Department to complete desilting of 22 drains expeditiously, ensuring proper disposal of silt and prevention of road inundation.

What did the court decide?

Direct the I&FCD and GNCTD to expeditiously complete desilting of 22 drains and dispose of silt at designated sites.

Dr Lokesh Kumar vs — Environment and Pollution | NGT (2025)

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Item No. 17

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 257/2024

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Dr. Lokesh Kumar Applicant

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Versus

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Govt.of NCT of Delhi & Ors. Respondent(s)

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Date of hearing: 30.01.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None

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Respondent: Ms. Puja S. Kalra, Adv. for MCD Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for IFCD (Through VC) Ms. Kanika Agnihotri & Mr. Sachin Sharma, Advs. for DJB (Through VC)

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ORDER

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This original application has been registered on the basis of the letter petition sent by one Dr. Lokesh Kumar Singh, Charted Chemist.

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In the letter petition dated 03.09.2023, he alleged that concerned authorities, despite complaints for the last seven years, have not taken action to clean the drains that are polluting River Yamuna. In this letter petition, he had requested the dredging of “New Drain” which, according to him, was carrying a high load of garbage and polluted water into the holy Yamuna River.

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The complainant had sent another communication dated 30.09.2023 for dredging the drains in Delhi out falling in River Yamuna.

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Tribunal by order dated 01.08.2024 had taken up the matter suomoto and after impleading the respondents had issued notice to them.

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Response dated 01.11.2024 has been filed by the Delhi Pollution Control Committee (DPCC) mentioning the order of the Delhi High Court dated 08.04.2024 passed in Writ Petition (Civil) No. 7594/2018: Court on its own motion v. Union of India & Ors. wherein the government of NCT was directed to assign the responsibility of management and operations of all twenty-two (22) open drains falling in River Yamuna to one department/agency. It also discloses that the said responsibility concerning 22 open drains has been handed over to the Irrigation and Flood Control Department (I&FCD) of GNCTD and DPCC is carrying out the monitoring of all the drains out falling in River Yamuna.

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A separate reply has been filed by Delhi Jal Board on 09.11.2024 taking the stand that drains are being maintained by I&FCD of GNCTD and Municipal Corporation of Delhi (MCD).

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Learned Counsel appearing for MCD has informed that the new drain, which is mentioned in the letter petition, is the same as the Sen Nursing Home Drain, which has been handed over to the I&FCD.

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I&FCD has filed the report dated 18.12.2024 accepting that responsibility of all 22 open drains that are outfalling in River Yamuna has been handed over to I&FCD vide order dated 08.04.2024 and GNCTD has been directed to do the desilting work of these drains for monsoon season of 2024. Details of these 22 drains are disclosed as follows:-

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7. It is most humbly submitted that all the concerned departments/agencies have handed over possession of the said 22 drains to the I&FC Department, GNCTD as under:

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*Sr.*	*Name of Drain*	*Department*	*Date of handing over*
*No.*		*handing* *over*

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		*the drain*
1	Metcalf House Drain	MCD	10.12.2024
2	Tonga Stand Drain	MCD	10.12.2024
3	Khyber Pass Drain	MCD	10.12.2024
4	Sonia Vihar Drain (On Eastern Bank of Yamuna)	IFCD	-----
5	Najafgarh drain	IFCD	-----
6	Shahdara Drain	IFCD	-----
7	Jaitpur Drain	IFCD	-----
8	Barapulla Drain	MCD(CNZ)	09.12.2024
9	Sweeper Colony Drain	MCD	05.12.2024
10	Magazine Road Drain	MCD	05.12.2024
11	Civil Military Drain	MCD	09.12.2024
12	Moat Drain (Vijay Ghat)	MCD	09.12.2024
13	Drain No. 14	MCD(CNZ)	09.12.2024
14	Tehkhand Drain	MCD(CNZ)	03.12.2024
15	Tuglakabad Drain (Kalka Ji Drain merged in this drain)	MCD(CNZ)	03.12.2024
16	Sen Nursing Home Drain	MCD(CNZ)	09.12.2024
17	ISBT Drain (Qudsia Bagh/ Mori Gate Drain)	MCD	05.12.2024
18	Kailash Nagar Drain (On Eastern Bank of Yamuna)	MCD	10.12.2024
19	Shastri Park Drain(On Eastern Bank of Yamuna)	MCD	12.12.2024
20	Delhi Gate Drain / Power House Drain	MCD(CNZ)	09.12.2024
21	Abul Fazal Drain	UP IRRIGATION	Not handed over but
			agreed to allow
			permission to allow permission to execute desilting work by I&FC and issued NOC
22	Tamoor Nagar Drain	MCD(CNZ)	03.12.2024 ”

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The current status of the desilting of drains is disclosed by I&FCD

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of GNCTD in annexure R-2 which discloses the stages of award of work

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in pursuance of the tenders which were issued.

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Learned Counsel appearing for GNCTD has informed that desilting has already started and the work of desilting 21 drains which does not include Najafgarh drain, will be completed by 31.05.2025. She has submitted that concerning the Najafgarh drain also the work of desilting has started, but considering the length of the drain, a slightly longer period will be required to complete the work. Since desilting work is in progress, therefore, we direct that de-silted material should be properly disposed of at designated sites and desludged/re-silted water should not inundate roadsides.

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We also take note of the fact that the Tribunal is considering a similar issue in OA No. 06/2012 and EA No. 5/2024.

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Having regard to the above, we dispose of the present original application expecting that I&FCD, GNCTD will complete the work of desilting of all the 22 drains falling in River Yamuna expeditiously and an attempt will be made by it to complete the work before the timeline.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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January 30, 2025 Original Application No. 257/2024 JG..

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Dr Lokesh Kumar vs

Case brief

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Dr Lokesh Kumar vs

Case brief

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