Desilting Of Yamuna Riverbed : Supreme Court Summons UP Jal Nigam Official To Explain Non-Compliance With Directions

Dealing with the MC Mehta case pertaining to environmental issues in the Taj Trapezium Zone, the Supreme Court today summoned Uttar Pradesh Jal Nigam's topmost official - its Managing Director - to answer non-compliance with the Court's directions of November, 2024 relating inter-alia to taking of interim measures.

The concerned Managing Director (an IAS officer) has been asked to appear on the next date through VC.

A bench of Justices Abhay S Oka and Ujjal Bhuyan passed the order, stating:

"We find that there is no compliance made with order dated 25.11.2024. Very serious issue of [removal of] silt, sludge, garbage upto 5-6 metres in Yamuna has been raised. After considering report of IIT, Roorkee, directions were issued on 25.11.2024...On the next date, Managing Director, UP Jal Nigam will remain present through VC. One week before the next date, he will file his personal affidavit reporting compliance with order dated 25.11.2024."

The Court added that if assistance of any other authority is required to comply with order dated 25.11.2024, UP Jal Nigam can move an appropriate application before it.

To recap briefly, on 25.11.2024, the Court had directed UP Jal Nigam to immediately take all interim measures as regards tapping of 38 untapped drains and 5 partially tapped drains, as well as to give timeline for taking final measures in respect of 61 untapped drains and 6 partially trapped drains. Compliance was to be reported within a month.

In addition, after considering an IIT Roorkee report which found removal of upto 5-6 metres of silt from Yamuna river bed to be unviable, the Court had called on UP Jal Nigam to file an affidavit stating the measures which it proposed for take for ensuring that garbage was not thrown into the river bed.

Today, perusing the record, the Court noted that its order dated 25.11.2024 was not complied by UP Jal Nigam. When counsel for UP Jal Nigam submitted that alternative interim measures have been taken by Agra Nagar Nigam and as per his instructions, it is the only authority that is to take interim measures, Justice Oka pointed out that the direction for taking interim measures was issued to UP Jal Nigam.

Posting the matter to March 18, the Court eventually summoned UP Jal Nigam's Managing Director and asked him to file his personal affidavit of compliance.

Case Title: M.C. MEHTA Versus UNION OF INDIA AND ORS., W.P.(C) No. 13381/1984

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