Partly allowed

Nizamuddin West Association v. Union of India

NGT8 Jul 2026IA No. 510/2026 in Original Application No. 6/2012

Case brief

AI extract

What is this about?

The National Green Tribunal addressed the discharge of untreated sewage from Jan Suvidha Complexes in JJ Clusters. It observed DUSIB's statutory duty under the Delhi Urban Shelter Improvement Board Act, 2010, to provide drainage schemes. The Tribunal appointed a joint committee to assess setting up Sewage Treatment Plants in specific clusters while issuing show-cause notices for non-compliance.

What did the court decide?

Appointing a joint committee comprising DPCC, DUSIB, and DJB experts to examine SSTP feasibility; requiring DUSIB to file an affidavit on drainage schemes within four weeks.

Nizamuddin West Association vs Union of India — Environment and Pollution | NGT (2026)

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Court No. 1

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Item No.24 to 26

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 6/2012

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( IA NO 130/2026, IA NO 192/2026, IA NO 204/2026, IA NO 220/2026, IA NO 221/2026, IA NO 405/2026, IA NO 509/2026, IA NO 510/2026, IA NO 116/2025, IA NO 253/2025, IA NO 272/2025, IA NO 559/2025, IA NO 679/2025, IA NO 72/2024, IA NO 276/2024, IA NO 329/2024, IA NO 420/2024, IA NO 421/2024, IA NO 549/2024, IA NO 585/2024, MA NO 244/2019, MA NO 868/2014 )

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Nizamuddin West Association Applicant Versus Union of India & Ors. Respondent(s) With

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Execution application no. 5/2024 (IA No 550/2024) In Original Application No. 6/2012

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Nizamuddin West Association Applicant Versus Union of India & Ors. Respondent(s)

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With

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IA No 170/2024 In Original Application No. 6/2012

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Nizamuddin West Association Applicant

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	Versus
Union of India & Ors.		Respondent(s)

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Date of hearing: 08.07.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: Mr. Zain Haider & Mr. Tavir Ali, Advs. for Applicant in OA 06/2012 & E.A 05/2024 Mr. Rahul Khurana, Adv. (Court Commissioner) Respondents: Ms. Priyanka Swami, Ms. Dippt Anubhuti & Mr. Abhishek Khare, Advs. for Delhi Jal Board & Irrigation Department, State of UP Ms. Puja S. Kalra & Mr. Virendra Singh, Advs. for MCD (Through VC) Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for GNCTD Mr. Rahul Khurana, Adv. for the State of Haryana & HSPCB Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi & Ms. Anjali Sharma, Advs. for the State of UP Mr. Pradeep Misra & Mr. Daleep Dhyani, Adv. for UPPCB Mr. Narender Pal Singh, Adv. for DPCC Ms. Prabhsahay Kaur, Ms. Deeksha L. Kakar & Mr. Rashneet Singh, Advs. for DDA Mr. Raj Kumar, Adv. for NDMC (Through VC) Mr. Parminder Chauhan, Senior Advocate with Mr. Anuj Chaturvedi & Mr. Ashwani, Advs. for DUSIB Mr. Gigi. C. George & Ms. Neha Sharma, Advs. for CGWA Mr. Sidharth Luthra, Senior Advocate with Mr. Kunal Mimani, Mr. Kartikey Bhatt, Mr. Tanish Arora & Mr. Kushagra Raghuvanshi, Advs. in I.A. No. 272, 329, 421, 559/2025 & 192/2026 Mr. Saurabh Balwani & Mr. Chirag Pathor, Advs. for CPCB

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ORDER

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I.A. No.192/2026 was filed seeking certain directions. Learned

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Counsel appearing for the applicant in the IA submits that in view of the disclosure made by Municipal Corporation of Delhi (MCD) in its report dated 20.05.2026, needful has been done. Therefore, he is not pressing this IA. I.A. No.192/2026 is accordingly disposed of.

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I.A. No.204/2026 which was an early hearing application of I.A. No.192/2026 also does not survive. Accordingly, it is also disposed of.

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So far as I.A. No.220/2026 is concerned, it is an application filed on behalf of one applicant-Gajender Singh for impleadment. No one is present to press this IA. Hence, No. 220/2026 is dismissed as not pressed.

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I.A. No. 509/2026 has been filed on behalf of Delhi Urban Shelter

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Improvement Board (DUSIB) seeking waiver of cost imposed vide order

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dated 21.05.2026 and I.A. No. 510/2026 filed by DUSIB for deleting the observations made in the order dated 21.05.2026.

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Learned Senior Counsel appearing for DUSIB submits that reply on behalf of DUSIB could not be filed before 21.05.2026 on account of the fact that son of the Counsel for DUSIB was unwell. The order dated 21.05.2026 reveals that cost was imposed by that order not on account of any fault of the Counsel for DUSIB but on account of repeated non-compliance by the DUSIB. Hence, ground put forth for waiver of the cost is not found to be enough to accept the prayer. In view of the observations made above and the circumstances which have been noted in the proceedings dated 21.05.2026, we do not find any reason to delete the observations made therein. The IA Nos. 509/2026 and 510/2026 are accordingly disposed of.

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In these matters, at this stage, Tribunal is considering the issue of discharge of untreated sewage from the JJ Clusters in the storm water drains which has created the problem and environmental issue to the residents.

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Tribunal in the earlier proceedings dated 01.04.2026 has considered the report of the DUSIB disclosing the status of 680 Jan Suvidha Complexes (JSC) in 675 JJ Clusters and also the fact that these JJ Clusters are discharging untreated sewage in the storm water drain. Accordingly, Tribunal in the said proceedings had observed as under:-

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“4. In paragraph 13 of the report, DUSIB has stated that there are approximately 680 Jan Suvidha Complexes (JSCs) in 675 J.J Basti/clusters. But it has not been disclosed as to how much is the area catered by the JSCs. The tabulated information on page 13020 discloses that from these J.J. clusters the untreated sewage is being discharged in the storm water drains. No efforts by the DUSIB to stop the discharge of untreated sewage to the storm water drains has been disclosed in this report.

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5. Learned counsel appearing for the DJB has submitted that if the DUSIB provides single discharge point of untreated sewage from each J.J. cluster then DJB will be able to connect that discharge point with the

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sewage networks so that untreated from the J.J. clusters is not discharge in the storm water drain.

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6. The DUSIB is directed to respond to the above submission and also placed on record if the DUSIB has any such scheme for having a single discharge point from the J.J. cluster. Learned counsel for the DUSIB has sought further two weeks' time to file a fresh proper report covering all the relevant points including the observations which are made in this order.”

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As per the above order, DUSIB was required to respond on the submission of Delhi Jal Board (DJB) in respect of providing single discharge point of untreated sewage from each JJ Cluster so that DJB could connect the discharge point with the sewerage network to prevent discharge of untreated sewage in the storm water drain.

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DUSIB has filed the report dated 07.07.2026 and referring to the said report and earlier report, Learned Senior Counsel for DUSIB submits that out of the following 09 JJ Cluster, for 08 JJ Cluster single discharge point have been provided:

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“

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S. No.	Name of JJ Cluster
1	Shri Ram JJC near SPRINGDALE School, Dhaula Kaun
2	Ambedkar Basti West Block-II R.K.Puram
3	Leprosy Colony Infront of Mohan Singh Market R.K.Puram
4	Nehru Ekta Camp Sector-VII R.K.Puram
5	S.P./J.P. Colony Sector 6 R.K.Puram
6	Sector-I R.K.Puram, Police Post(Hanuman Camp)
7	Nepali Camp Near Bhanwar Singh CampVasant Vihar
8	Sewa Camp Behind Police Staff Quarter Vasant Vihar Depot Munirika
9	Shiva Camp Vasant Vihar Near Petrol Pump ”

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Learned Senior Counsel for DUSIB has submitted that single discharge point for JJ Cluster located in R. K. Puram is not technically feasible and DUSIB will provide 04 discharge point from the JJ Cluster of

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R.K. Puram. He further submits that details of these 04 discharge point have been disclosed on page 13532.

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Learned Counsel for DJB as per the instructions received by her has raised an objection that above submission is incorrect and the single discharge point for none of the 09 JJ Cluster have been provided till now.

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At this stage, issue of responsibility of DUSIB to maintain the drainage in JJ Cluster also arises. Learned Senior Counsel for DUSIB submits that it is not the responsibility of DUSIB to maintain or improve the drains in the JJ Cluster but it is the responsibility of DJB under the Delhi Jal Board Act, 1998.

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In order to examine the said objection of DUSIB, we have considered the Section 11 of Delhi Urban Shelter Improvement Board Act, 2010 which provides as under:-

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“11. (1) The Board may prepare a scheme for the improvement of any jhuggi jhopri basti which may include provision of toilets and bathing facilities, improvement of drainage, provision of water supply, street paving, and provision of dustbins. or sites for garbage collection, street lighting, or any of them, or provision of any like facilities:

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Provided that no such scheme shall be prepared if the owner of the land on which the jhuggi jhopri basti is situated has already consented to the preparation of a scheme for the removal of the jhuggi jhopri basti under section 10 and has paid his share of the cost thereof.

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(2) The Board may take all measures which may be necessary for the implementation of any scheme for improvement of a jhuggi jhopri basti prepared under sub-section (1) and it shall be the duty of the local authority, power generation and distribution companies or any licensee under the Electricity Act, 2003 (36 of 2003) having operations in the area, and any department or undertaking of the Government to render all reasonable assistance for the implementation thereof.

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(3)A scheme prepared under sub-section (1) may include provision for payment or for contribution of labour by the residents of the jhuggi jhopri basti individually or collectively, and may also include provision for recovery of charges for the use of toilets and bathing facilities:

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Provided that no such payment or contribution of labour, other than charges for use of toilet and bathing facilities, shall be levied unless the scheme has been published and the residents given an opportunity to make representations and suggestions regarding it in such manner as may be prescribed by regulations, and such representations or suggestions, if any, have been duly considered by the Board.”

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Under Section 11(1) of the Act, 2010, the DUSIB has the clear responsibility to prepare a scheme for improvement of JJ Basti containing the provision relating to the “ Improvement of Drainage.”. No clear answer has been given to us if any such scheme has been prepared. The Delhi Urban Shelter Improvement Board Act, 2010 had come in force in the year 2010 thereafter more than 15 years have passed. Therefore, DUSIB is required to disclose if any such scheme under Section 11 (1) has been prepared. If scheme has been prepared, DUSIB will file it along with the next affidavit. The submission of Learned Senior Counsel for DUSIB that DUSIB does not have the responsibility in respect of drainage in JJ Cluster cannot be accepted in view of the clear provisions which are contained in Section 11 (1) of the Act.

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In terms of Section 11(2) of the Act, necessary measures are required to be taken by DUSIB for implementation of the scheme prepared under Section 11(1). For that purpose, DUSIB may take the assistance of the concerned authorities mentioned in 11(2). Therefore, if the scheme has been prepared DUSIB is required to disclose as to what action has been taken by DUSIB under Section 11(2) to implement the scheme to improve the drainage in JJ Clusters.

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So far as, issue of preventing the discharge of untreated sewage from JJ Clusters into the storm water drain is concerned, submission of the Learned Counsel for DJB is that either the single point discharge from each JJ Cluster be provided by DUSIB so that the said single discharge point

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can be connected with the sewerage network or DUSIB to set up a DSTP to prevent the discharge of sewage in the storm water drain.

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Learned Senior Counsel appearing for DUSIB submits that DUSIB does not have the expertise, funds and resources to carry out this responsibility. Once a responsibility is entrusted upon the DUSIB under Section 11(1) of Delhi Urban Shelter Improvement Board Act, 2010 then all possible efforts should be made to ensure that said responsibility is effectivity carried out.

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Sh. Sidharth Luthra, Learned Senior Counsel appearing virtually has also referred to the Citizen’s Charter to contradict the submission of DUSIB that DUSIB does not have the responsibility to provide drainage to the JJ Clusters and he further submits that Citizen’s Charter also clearly fixes the responsibility upon the DUSIB in this regard in addition to Section 11(1) of the above Act.

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In view of the above, we require the DUSIB to file a further affidavit within a period of four weeks from today responding to the above observations.

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The Delhi Pollution Control Committee (DPCC) has also filed the action taken report dated 07.07.2026 disclosing the action which has been taken against the DJB and DUSIB on their failure to provide the proper drainage system in the unauthorized colonies and JJ Clusters in the timebound manner which has resulted in the disposal of untreated septage/sewage in river Yamuna or drains leading to river Yamuna.

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As per the disclosures made by the DPCC, environmental compensation of Rs. 18,54,80,00 has been imposed upon the DJB by order dated 21.02.2025 and the show cause notice dated 07.07.2026 has been issued to the DUSIB for imposition of the environmental compensation of

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Rs. 1,19,40,000. The report of DPCC dated 07.07.2026 in this regard is as

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under:-

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“

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4. That, DPCC has issued direction for imposition of Environmental Compensation of Rs. 18,54,80,000/- (Rupees Eighteen Crore Fifty-Four Lakh Eighty Thousand only) to Delhi Jal Board (DJB) on 21.02.2025 for not providing sewerage system in the unauthorized colonies and JJ Clusters in time-bound manner, thereby resulting in disposal of untreated septage into river Yamuna or drains leading to river Yamuna. Copy of Direction dated 21.02.2025 issued by DPCC to DJB is at Annexure-1.

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5. That, letter has been issued to the Concerned District magistrate (Central District) for recovery of Environmental Compensation of Rs. 18,54,80,000/- from Delhi Jal Board on 10.09.2025. followed by reminder letter dated 16.06.2026. Copy of letter dated 10.09.2025 issued by DPCC to District Magistrate & Reminder letter dated 16.06.2026 is at Annexure-2 & Annexure-3 respectively.

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6. That, as per the response filed by Delhi Jal Board dated 20.05.2026 before the Hon'ble Tribunal in the above matter, DUSIB has not provided the single discharge point for the Drains mentioned at Sr. No 11 (Drain No. - KD5), 12(Drain No. - KD6), 13(Drain No. - KD9), 14 (Drain No. - KD11), 15 (Drain No. - KD12), 16 (Drain No.KD14), 17 (Drain No. - KD15) and 18 (Drain No. - KD16), which resulted in the discharge of untreated sewage from the JJ Clusters into the above-mentioned drains.

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7. That, a letter was issued by DPCC to Delhi Jal Board on 15.06.2026 requesting it to provide the total quantum of untreated sewage being discharged into the storm water drain by the JJ Clusters by 19.06.2026. However, no response received from Delhi Jal Board. Copy of letter dated 15.06.2026 issued by DPCC to DJB is at Annexure-4.

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8. That, as per the response filed by Delhi Jal Board dated 20.05.2026 before the Hon'ble Tribunal in the above matter, the quantum of Untreated Sewage discharged into above mentioned drains is 0.597MGD.

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9. That, DPCC has issued Show Cause Notice for imposition of Environmental Compensation of Rs. 1,19,40,000/- (Rupees One Crore Nineteen Lakh Forty Thousand only) to Delhi Urban Shelter Improvement Board (DUSIB) on 07.07.2026 for the discharge of untreated sewage from the JJ Cluster into the storm water drains. Copy of Show Cause Notice issued by DPCC to DUSIB is at Annexure-5.”

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The DUSIB has not carried out its responsibility in terms of the provisions of the Act but a solution is required to be found to remediate the problem. Hence, we accept the prayer made by the Counsel for DPCC to appoint a joint committee and accordingly appoint a joint committee comprising of an Expert from DPCC and officer from DUSIB and DJB for examining the feasibility of setting up the DSTP in Nehru Ekta Camp, JJ Cluster of R.K. Puram and any other relevant JJ Cluster. The officer appointed by the DJB in that joint committee will act as a nodal agency and will ensure that the joint committee carries out the inspection and submit the report before the Tribunal within four weeks. If possible the Member Technical of DJB can be a member in the joint Committee.

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List on 10.08.2026.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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July 08, 2026 Original Application No. 6/2012 with connected matters JG.

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Nizamuddin West Association v. Union of India

Case brief

What is this about?

What did the court decide?

Nizamuddin West Association v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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