RGSOIPL, IIT KHARAGPUR

Environment Law

Case Comment
Manoj Mishra Versus Union of India and Others

Submitted by
Mannam Jeevanthika
22IP63022
 Manoj Mishra Versus Union of India
Introduction:
Manoj Mishra v. Union of India is a significant case that was heard in the National Green Tribunal
(NGT) of India in 2020. The case is related to the pollution and conservation of the Yamuna River,
which is one of the largest and most polluted rivers in India. The petitioner, Manoj Mishra, who is
an environmental activist, had filed the case to seek directions from the NGT for the renovation and
revitalization of the Yamuna River.

The case involved several issues related to the pollution of the river, including the discharge of
untreated industrial and domestic waste into the river, illegal constructions on the river bank, and the
depletion of groundwater levels due to over-extraction. The NGT heard the case in detail and passed
several orders to address these issues, including the formation of a monitoring committee and the
imposition of penalties on polluting industries.

The case is significant as it highlights the urgent need for the conservation of India's rivers and the
importance of enforcing environmental laws to protect them. The case also underscores the role of
citizens in taking legal action to hold the government accountable for their duty to protect the
environment. Overall, Manoj Mishra v. The Union of India case serves as a landmark judgment in
India's environmental jurisprudence and sets a precedent for future cases related to the conservation
of rivers and other natural resources.

Legal History:

The legal history of the Yamuna rejuvenation issue dates back to 1994, when an application for writ
was filed in the Supreme Court of India based on a news article headlined "And Quite Flows the
Maily Yamuna" published in the Hindustan Times.The issue of control of pollution and rejuvenation
of river Yamuna was taken up by the Supreme Court, which led to the formation of various
committees and authorities to monitor progress towards rejuvenation.
In 2015, the National Green Tribunal (NGT) issued directions for the rejuvenation of river Yamuna.
These instructions were separated into two phases: the first phase concerned Najafgarh, Delhi, and
supplemental drains, while the second phase concerned all other drains. The cleaning and
rejuvenation project was separated into two sections by instructions dated 13.01.2015 and
08.05.2015.Despite these directions, no significant progress was made for a long period. As a result,
on July 26, 2018, this Tribunal established a 2 member "Yamuna Monitoring Committee (YMC)" to
supervise a time-bound action plan for rejuvenation.The following are orders and directions given
by the National Green Tribunal (NGT) regarding the pollution of the Yamuna river in India.
The Committee delivered its first report on January 16, 2019 and it was found that the authorities
had failed to control polluting activities, despite causing serious damage to the environment. The
Delhi Government, Uttar Pradesh Government, and Haryana Government were directed to take
necessary steps to comply with the orders of the NGT. The ruling dated 11.09.2019 addressed the
committee's second report dated 27.05.2019, additional reports dated 28.06.2019 and 02.07.2019,
and other reports commenting on compliance status by authorities. The NGT noted that repeated
directions remained uncompiled, and there was no accountability fixed despite large scale failures,
causing huge loss to the public exchequer. Therefore, fresh timelines with accountability for failure
had to be laid down to protect the environment, public health, and rejuvenate the Yamuna river. The
NGT directed that all actions had to be completed by December 2020, except where shorter
timelines were specified or were otherwise possible. Failure to do so may invite criminal
prosecution.
The directions given in this excerpt relate to various aspects of environmental conservation and
pollution control measures that need to be taken in the “National Capital Territory (NCT) of Delhi”
in India. The order includes directives for monitoring the impact of a pilot project on groundwater
regime, physically demarcating and reclaiming the floodplains within six months, submitting an
action plan for the restoration of floodplains, and furnishing monthly reports on water quality to the
Monitoring Committee until DPCC establishes its laboratory network.The directives for improving
sewage and waste management in Haryana were also given, including appointing a supervisory
authority, rectifying STP deficiencies, holding officers accountable, completing STP construction by
December 2020, stopping untreated effluent discharge, monitoring ETPs, and completing village
sewage treatment by March 2019. The State Pollution Control Board must ensure proper
monitoring.The NGT has directed the State of Uttar Pradesh to control sewage management and
industrial pollution, demarcate and protect floodplains, and ensure compensation and accountability
for non-compliance. The State must prepare plans to control sewage flow into the river Yamuna,
demarcate and develop floodplains through wetlands and biodiversity parks, and recover
environmental compensation from those refusing to pay. The government may be required to pay
compensation for non-compliance, and adverse entries will be made in the Annual Confidential
Reports of officers responsible for delay. The State must also furnish a performance guarantee and
cooperate with the committee constituted by the Tribunal.
The National Green Tribunal issued two orders dated 11.09.2019 and 22.01.2020,regarding the
cleaning and conservation of the Yamuna River in Delhi. The first order directed various authorities
to take steps for cleaning the river and preventing the discharge of untreated sewage into it. The
second order directed concerned authorities to take necessary actions for demarcating and
rejuvenating the floodplain and instituting a Yamuna River Front Management Mechanism for
Riverfront Ecological Restoration. The orders emphasize the need for better coordination and
execution among various stakeholders to achieve the goal of cleaning and conserving the river.The
Yamuna Monitoring Committee (YMC) submitted a report stating that there is a huge gap between
the estimated sewage generation, collection, and treatment in Delhi, and alternatives are needed to
reduce pollution. The report highlights the growth of unauthorized colonies as a cause of pollution
and destruction of the Yamuna River. The Delhi Jal Board (DJB) is responsible for managing
sewage in Delhi, but there is confusion over jurisdiction and responsibilities among different
agencies. The YMC has recommended forward planning for laying sewer lines and drains and has
summarized previous reports on the drainage problems in Delhi.

Judgment:
On March 5, 2020, the judgement in the matter involving the execution of an NGT decision for the
rejuvenation of the Yamuna River was given. The matter up to be considered was the execution of
directions in this Tribunal's judgement dated 13.01.2015, as reported in 2015 ALL (I) NGT
REPORTER (1) (DELHI) 139, and further orders for regeneration of River Yamuna in pursuance of
Hon'ble Supreme Court's order sending legal proceedings ongoing before it in W.P. No. 725/1994
on the subject matter of this Tribunal.The Tribunal noted that despite various orders and directions,
no meaningful progress had been made towards rejuvenation of river Yamuna. Therefore, it directed
all concerned authorities to take necessary steps to ensure compliance with its earlier orders and
directions.The Tribunal also directed that a joint committee be constituted comprising
representatives from various authorities to oversee the implementation of its orders and directions
related to rejuvenation of river Yamuna.The tribunal passed a further order taking following reports
into consideration:
I. “Third report of the YMC dated 05.02.2020 with reference to progress in the light of order
dated 11.09.2019”
II. “The issue of entrusting the functions of management of all drain in Delhi to a single agency
consideration of the issue in the light of response of GNCTD;”
III. “Report of the YMC dated 17.02.2020 on the subject of ‘Alternate Technologies for
Management of Waste Water in Drains”
IV. “The issue of setting up of riverfront authority considered the issue in the light of response
of the DDA.”
The third report of the Yamuna Monitoring Committee (YMC) was submitted on 05.02.2020 and
was considered by the Tribunal in its order dated March 5, 2020. The YMC had been constituted by
the Tribunal to monitor a time-bound action plan towards rejuvenation of river Yamuna.In its report,
the YMC provided an update on the progress made towards rejuvenation of river Yamuna. It noted
that some progress had been made towards compliance with the earlier orders and directions of the
Tribunal related to rejuvenation of river Yamuna, but there were still several areas where further
action was required.The YMC highlighted that there were issues related to encroachments and
illegal constructions along the river banks, which were hindering progress towards rejuvenation. It
also noted that there were issues related to non-compliance with environmental norms by industries
located along the river banks.To address these issues, the YMC recommended various measures to
be taken by concerned authorities. These included:
➢ Removal of encroachments along the river banks
➢ Demolition of illegal constructions
➢ Strict enforcement of environmental norms by industries located along the river banks
➢ Regular monitoring and inspection of industries to ensure compliance with environmental
norms
➢ Implementation of a comprehensive solid waste management plan for cities located along
the river banks
The YMC also recommended steps to be taken for effective monitoring and implementation of its
recommendations. These included:
➢ Establishment of a dedicated cell for monitoring compliance with environmental norms by
industries located along the river banks
➢ Regular meetings between concerned authorities to review progress towards rejuvenation of
river Yamuna
➢ Use of remote sensing technology for monitoring encroachments and illegal constructions
along the river banks
The Tribunal considered this report in light of its earlier order dated 11.09.2019, wherein it had
directed all concerned authorities to take necessary steps for compliance with its orders and
directions related to rejuvenation of river Yamuna. The Tribunal noted that while some progress had
been made, there were still several areas where further action was required.
The issue of management of drains in Delhi has been a matter of concern for several years due to
issues such as waterlogging, flooding, and pollution. There have been various proposals and
initiatives aimed at improving the management of drains in Delhi.One proposal that has been
discussed is the entrusting of functions related to any agency maintaining drains of yamuna in
Delhi. This proposal has been debated by various stakeholders, including the Government of
National Capital Territory (GNCT) of Delhi.The GNCT has responded to this proposal by
expressing concerns about the feasibility and effectiveness of entrusting all drain-related functions
to a single agency. The GNCT has argued that such a move could lead to issues related to
coordination and accountability.Overall, while there have been discussions and debates on this
issue, it appears that no concrete decision has been taken yet regarding entrusting all drain-related
functions to a single agency in Delhi.
The YMC had prepared this report with the aim of exploring alternative technology for waste
water management in sewers. The report noted that traditional methods of managing waste water,
such as sewage treatment plants, were not sufficient to address the scale and complexity of waste
water management in Delhi.Therefore, the YMC recommended exploring alternate technologies
such as decentralized treatment systems, constructed wetlands, and natural treatment systems. These
technologies were seen as more sustainable and cost-effective alternatives to traditional
methods.The YMC also recommended conducting pilot projects to test these alternate technologies
and assess their effectiveness. It suggested that these pilot projects could be implemented in areas
with high levels of pollution or where traditional methods had failed to provide adequate
solutions.Overall, the report provided a detailed analysis of various alternate technologies for
management of waste water in drains and highlighted their potential benefits.
YMC also recommended steps to be taken for testing and implementing these
technologies. There is a reference to the issue of setting up a riverfront authority and its assessment
in light of the Delhi Development Authority's (DDA) statement. The issue was taken up for
consideration by the Tribunal in its order dated March 5, 2020.The proposal to set up a riverfront
authority was aimed at providing all directions to the administration of the whole Yamuna River
basin, which broadly falls under DDA's ownership. The proposed authority would consist of
representatives from various stakeholders such as NGOs, industrial houses, and enforcement
agencies.The DDA responded to this proposal by expressing its reservations about setting up a
separate authority for management of riverfront. It argued that there were already several agencies
involved in management of various aspects related to river Yamuna, and adding another agency
could lead to issues related to coordination and accountability.
However, the Tribunal noted that there were several issues related to management of river Yamuna
that required urgent attention. These included issues such as encroachments along the river banks,
pollution from industries located along the river banks, and inadequate wastewater management
systems.Therefore, while acknowledging the concerns raised by DDA, the Tribunal directed it to
consider setting up a separate authority for management of riverfront. The Tribunal noted that such
an authority could provide a more focused approach towards addressing these issues and ensuring
effective implementation of its orders related to rejuvenation of river Yamuna.Overall, while there
were concerns raised about setting up a separate authority for management of riverfront, it appears
that there was recognition among stakeholders about the need for more focused efforts towards
rejuvenation of river Yamuna.

Analysis:
The case related to rejuvenation of river Yamuna has been a long-standing issue that has been under
consideration by various courts and authorities for several years.The issue was first heard by the
Supreme Court in 1994, when a news story headlined 'And Quite Flows the Maily Yamuna' was
published in the Hindustan Times.Over the years, various orders and directions have been issued by
different authorities such as the Supreme Court, NGT, and Yamuna Monitoring Committee (YMC)
for rejuvenation of river Yamuna. These orders have covered various aspects related to management
of river Yamuna such as pollution control, encroachment removal, wastewater management, and
setting up of riverfront authority.It contains references to several orders and reports related to
rejuvenation of river Yamuna that were considered by the Tribunal. These include reports related to
alternative technology for waste water management in sewers, recommendations for setting up a
riverfront authority, and directions for removal of encroachments along the river banks.
Overall, it appears that there is recognition among stakeholders about the need for more focused
efforts towards rejuvenation of river Yamuna. While there have been concerns raised about
coordination and accountability issues related to setting up a separate authority for management of
riverfront, there is also recognition that traditional methods of managing waste water and pollution
control have not been sufficient to address the scale and complexity of issues related to rejuvenation
of river Yamuna.Therefore, it is important that all stakeholders work together towards finding
sustainable solutions for rejuvenation of river Yamuna. This would require a multi-pronged
approach that includes exploring alternate technologies for waste water management, removing
encroachments along the river banks, regulating industrial activities along the river banks, and
setting up an effective mechanism for coordination among various agencies involved in
management of river Yamuna.
Conclusion:
Manoj Mishra v Union of India case in 2020 resulted in several orders issued by the National Green
Tribunal (NGT) to the state of Uttar Pradesh regarding the control of sewage management and
industrial pollution, demarcation and protection of floodplains, and ensuring compensation and
accountability for non-compliance. The NGT highlighted the importance of taking proactive steps to
clean and conserve the Yamuna River, which is a major source of water for people in Delhi and its
surrounding regions. The NGT's orders emphasize the need for better coordination and execution
among various stakeholders to achieve this goal. Additionally, the NGT ordered the Yamuna
Monitoring Committee (YMC) to consider representative models for implementing interim steps for
bioremediation and/or phytoremediation of sewage in drains,investigating the viability of
centralized ownership for all drain remediation in Delhi, and institutionalizing theYamuna
RiverFront Management Mechanism for Riverfront Ecological Restoration. Overall, the case
underscores the importance of protecting and conserving natural resources and highlights the need
for better coordination and execution among various stakeholders to achieve this goal.