'Disturbing': Delhi High Court On Untreated Factory Waste Flowing Into Yamuna River, Asks DPCC About Corrective Measures

The Delhi High Court on Thursday (September 11) directed the Delhi Pollution Control Committee to present a complete chart of all industrial areas and what steps it is taking on regular basis for monitoring treatment of waste discharged by the industries and factories in the city. 

The court further directed the body to appear in the matter on the next date and make submissions on report of the special committee which inspected Sewage Treatment Plants in the city as per which most factories are dumping sewage into the drains and treated water get mixed with untreated waste water which flows into Yamuna river.

In May, the court had constituted a special committee of court appointed local commissioners to conduct onsite inspection of all the STPs. Thereafter in July the court directed the Delhi Jal Board (DJB) and Municipal Corporation of Delhi (MCD) to file a joint report highlighting the action plan to be undertaken by them to overcome the shortcomings highlighted by a special committee on the issue of discharge of water from all STPs into the Yamuna River. 

The court had then said that enormous quantum of work needs to be undertaken in order to ensure that only treated water is discharged to the river. 

After hearing the submissions today, a division bench of Justice Prathiba Singh and Justice Manmeet Pritam Singh Arora in its order noted that there are three reports filed with respect to STPs and Common Effluent Treatment Plants (CETPs) which reveal "some extremely disturbing situation and some startling facts". It noted:

"1. Across the city there is mixing of domestic sewage with industrial wastage and vice versa

2. Most industrial units are dumping their waste straight away into the drains without treatment

3. Treated water coming out of STPs and CETPs, get mixed with untreated waste water before flowing into the Yamuna thereby neutralizing the entire purpose of treating the waste

4. There is under utilization of CETPs which also require upgradation, corrosion in pipelines and breakage

5. No live relay of electric metres, inlet and outlet flow metres; though in some STPs and CETPs some readings are available on live basis".

It thereafter noted, "The action taken report of the GNCTD seems to suggest that there is satisfactory working of STPs and CETPs which would be in contrast with reports submitted by local commissioners and independent experts. Without going into a blame game at this stage, it is clear that in order for any effective steps to be taken to curb pollution of the Yamuna, a comprehensive attempt has to be made on all the following aspects...".

These aspects are:

• A proper map would be required to understand the existing storm water and sewage drain system that is currently existing in Delhi
• Upon obtaining such a plan, expert would be required to give a report on how the entire network of storm waster drain and sewage can run parallelly and be connected to main drains after the same is treated
• As per order dated April 8, 2024 a drainage master plan was prepared by IIT Delhi in 2018 but was not acted upon

"Mr. Dhruv Rohatgi appearing for GNCTD shall bring the order dated April 8, 2024 and this order to the attention of Chief Secretary GNCTD so that the drainage master plan as it exists on date can be retrieved and updated by the IIT Delhi if so required," the court said. 

The court also noted that certain drain consultants had given their reports in the matter. It said,

"...these detailed project report has been submitted by consultant these reports are pending acceptance and issuing of tenders. Let the three reports be produced before the Court...the Chief Secretary shall hold a meeting with these consultants and place before court the decision of the government in respect of their...however it is made clear no tender will be awarded without permission of the court". 

With respect to STPs are concerned, the court noted that the meeting under DJB chief engineer is already underway. The counsel for DJB submitted that three meetings have already taken place and further meetings are being held under comprehensive action plan shall be placed in respect of all STPs.

With respect to the CETPs, the local commissioners submitted that most factories are dumping untreated waste into the drains.

"Accordingly the Delhi Pollution Control Committee (DPCC) is directed to be impleaded as respondent. List for appearance of DPCC. DPCC shall on next date place before this court complete chart of all industrial areas and what steps it is taking on regular basis for monitoring treatment of waste and whether the factories and industries have treatment plants and if so what treatment is being given," the court said.

The court said that the DPCC shall make submission on final report prepared by local commissioners and the body shall also inform the court as to how many factories and industries are connected to CETPs. 

Meanwhile Delhi State Industrial and Infrastructure Development Corporation Ltd's (DSIDC) official who was present in court submitted that there is process of upgradation already of 11 CETPs in coordination with department of industries in place. 

"Let status report in respect of 13 CETPs be placed on record. DSIDC shall give a chart of all industries in Bawana and Narela and how the treatment plants are working," the court said. 

The court also directed the Delhi government's official of the Integrated Drain Management Cell who filed the action taken report to be present in court on the next date of hearing. 

The matter is next listed on September 19. 

The suo-motu PIL was initiated after the court took note of an article published in the Times of India on June 18, 2022 regarding water logging issues in the city. 

Case Title: COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI & ORS

W.P.(C) 7594/2018 and W.P.(C) 9617/2022