SC stays National Green Tribunal direction naming LG as chairperson of high-level committee on Yamuna pollution

The Supreme Court Tuesday stayed the National Green Tribunal's order of January 9, 2022 appointing the Lieutenant Governor as the chairman of a high-level committee on Yamuna River pollution.

A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Mishra said there shall be a stay on direction issued on January 9, 2023, by the National Green Tribunal to the extent that Delhi LG was directed to be the member of the committee and to chair it.

The court issued notice to the original complainant before the NGT on the plea filed by the Delhi government.

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Appearing for the Delhi government, senior advocate A M Singhvi, submitted before the court no Governor can be appointed to head such a committee.

Agreeing to his submission, the bench said that a domain expert could have been appointed.

In its plea, the Delhi government sought directions to set aside the NGT order saying that it was unconstitutional and violative of the two successive Constitution bench decisions in July 2018 and May 11.

The NGT order observed that having multiple authorities in Delhi may be one of the reasons for not achieving success so far and added that there appears to be a lack of ownership and accountability.

The AAP government, however, said that the NGT's order sidelined the elected government and appointed an unelected figurehead who does not have any authority to act on his own except on the aid and advice of the elected Delhi government.

The NGT’s order had come on a plea filed by Ashwani Yadav, who raised the issue of increasing pollution in Yamuna River and failure of authorities to take up sufficient remedial measures.

Besides LG as the chairman, the high-level committee includes Delhi chief secretary, secretaries of the Irrigation, Forest and Environment, Agriculture, and Finance Departments of the Delhi Government, the chief executive officer of the Delhi Jal Board (DJB), the vice chairman of the Delhi Development Authority (DDA), a representative from the Ministry of Agriculture, Government of India, the director-general of Forests or his nominee, a representative from the Union Ministry of Jal Shakti (MoJS) or Union Ministry of Environment, Forests and Climate Change (MoEFCC) , the director-general of the National Mission for Clean Ganga (NMCG), and the chairman of the Central Pollution Control Board (CPCB).

The Delhi government, however, said NGT’s proposed remedial measures required budgetary allocations that are approved by the legislative assembly. 'The role of the elected government becomes crucial in overseeing these measures,” it said.

"An inter-agency committee is desirable for coordination purposes, it should be overseen by the elected head of government, the chief minister in this case,” it added.