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Judgment
This order will govern the disposal of the OA No. 408/2025 and M.A.
No. 87/2025 as both these matters involve the same issue relating to performance of the STPs at New Kondli, Mayur Vihar, Phase-III, New Delhi.
In the OA, the Applicant had raised the grievance that the STPs at Kondli Phase I to IV are not complying with the environmental norms and were releasing untreated water towards the residential roads and creating health hazard. The OA was registered on the basis of the letter petition dated 04.05.2025 sent by the office bearers of Pocket-6, Mayur Kunj Resident’s Welfare Association.
The Tribunal by the order dated 03.09.2025 had entertained the letter petition as OA and impleaded the concerned parties and had issued notices to them.
Earlier OA No. 366/2023 was filed wherein the Applicant had raised the same grievance against non-compliance of the norms by the STPs at New Kondli, Mayur Vihar, Phase-3 and emission of foul smell and poisonous gases from these STPs. The Tribunal by the order dated 10.07.2024, while disposing of the OA No. 366/2023, had issued following directions:
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33.In view of the ‘Polluter Pays’ principle embodied in Section 20 of the National Green Tribunal Act, 2010, DJB and M/s VA Tech Wabag Limited managing Kondli STPs are liable to pay environmental compensation for past violations and environmental damage thereby caused.
34.In view of the above referred statutory provision and orders passed by Hon’ble High Court of Delhi, DPCC is directed to initiate appropriate proceedings for imposition and realization of the environmental compensation on DJB and M/s VA Tech Wabag Limited in accordance with law and on realization thereof, to utilize the amount of environmental compensation for restoration of the environment in the area.
35.In view of the above, the present original application is disposed of with directions to DJB and DPCC as mentioned above.
36.Compliance reports be filed by DJB and DPCC within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.”
The DPCC in compliance of the above direction had filed the report dated 18.12.2024 disclosing that the environmental compensation of Rs.
10 lakhs was imposed by the DPCC and on the basis of the sample analysis report of the samples collected on 22.11.2024, these STPs were found to be complying with the environmental norms. No report by the Delhi Jal Board (DJB) was submitted in compliance of the order dated 10.07.2024, therefore, the MA No. 87/2025 was registered.
Subsequently, the DJB has also filed the report dated 14.07.2025 in MA No. 87/2025 disclosing that the deficiencies earlier identified by the DPCC have been cured and all rehabilitation works were completed and STPs were operating as per the prescribed norms.
So far as the present OA No. 408/2025 is concerned, the DPCC has filed the report dated 13.08.2026 disclosing that as per the analysis report for the month of April 2026 Kondli Phase I, II, III and IV STPs are meeting the prescribed standard.
The Municipal Corporation of Delhi (MCD) has filed the reply dated 13.08.2026 disclosing the odour control measures which have been undertaken as follows:
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6.That, on the directions of the Deputy Health Officer, necessary anti-mosquito measures have been undertaken at the concerned site/locality. The concerned field staff of the answering Respondent/Municipal Corporation of Delhi has carried out anti-mosquito spray/fogging at the site/locality with a view to control mosquito breeding and to prevent the spread of mosquito-borne diseases.
7.That the concerned field staff, along with the supervisory staff, has also undertaken necessary field measures, including spraying/fogging, at the concerned locality. The said action has been undertaken as a preventive and remedial measure in the interest of public health and hygiene and in response to the concerns regarding mosquito breeding in the area.
8.That the concerned field staff has further been directed to keep the area under regular surveillance and to undertake further necessary anti-mosquito measures, including spraying/fogging, as and when required. The answering Respondent is accordingly taking appropriate preventive and remedial measures within its sphere of responsibility in relation to the public health concerns raised in the present Original Application.
9.That the action undertaken by the answering Respondent is duly supported by photographs taken during the field activity, which depict the concerned MCD field staff along with the supervisory staff undertaking anti-mosquito measures, including spraying/fogging, at the concerned locality. The said photographs are annexed herewith and collectively marked as Annexure R2/1 (Colly.).
10.That in view of the aforesaid facts and the action already undertaken, it is respectfully submitted that the answering Respondent has taken necessary preventive and remedial measures within its jurisdiction in respect of the mosquito-related and public health concerns raised in the present Original Application. The answering Respondent shall continue to take such measures, as may be necessary, in accordance with the prevailing conditions at the site.”
Learned Counsel for the MCD has stated that all the aforesaid preventive and remedial measures will be regularly undertaken by the MCD to control the emission of foul odour from the aforesaid STPs.
The above reports indicate that as of now the remedial measures have been taken by the concerned authorities, but these authorities are required to regularly monitor the STPs and ensure that these STPs perform as per the applicable norms and no inconvenience is caused to the residents of the area on account of the emission of foul odour from these STPs.
The DPCC has filed the reply stating that the environmental damage compensation of Rs. 10 lakhs has been imposed. The DPCC will take expeditious steps to recover this environmental damage compensation, if there is no legal impediment in this regard. The DPCC will ascertain the further period of violation and will levy the environmental damage compensation for the subsequent period also by duly following the principles of natural justice. Regular monitoring will be done by the DPCC and, in case if at any stage violation of norms is noticed, immediate remedial and punitive action will be ensured.
The OA and MA are accordingly disposed of.
Prakash Shrivastava, CP Dr. Afroz Ahmad, EM August 14, 2026 Original Application No. 408/2025 with M.A. No. 87/2025 In Original Application No. 366/2023 dv