Supreme Court puts stay on NGT's decision to give Yamuna panel Chairmanship to Delhi LG

The Supreme Court of India stayed the National Green Tribunal's (NGT) direction to name the Lieutenant Governor (LG) of Delhi as the chairman of a high-level panel to control Yamuna pollution. The decision was passed by a bench comprising CJI DY Chandrachud and Justice PS Narasimha. The decision came after Delhi government's plea that challenged the NGT order approved on January 9.

AAP government had said that the decision will create 'more friction' among the executive government and LG authority.

The hearing

Senior advocate Abhishek Manu Singhvi representing the Delhi government made the argument to nullify the NGT decsison. The Supreme Court pointed out NGT thinks as LG is head of Delhi Development Authoirty (DDA), he should be head of the panel. Singhvi made the case Yamuna cleaning has nothing to do with DDA.

It was also suggested by the government that executive authority that was bestowed upon LG encroached the authority of state government. The Delhi government had also described the NGT's decision to be unconstitutional based on 2018 and 2023 orders of a Constitution Bench of the court.

The petition read “The NGT’s proposed remedial measures, such as utilising treated water for agriculture, horticulture, or industrial purposes, preventing waste discharge and dumping, protecting floodplain zones, maintaining dredging flow, implementing plantations, and desilting drains, require budgetary allocations that are approved by the legislative assembly. The role of the elected government becomes crucial in overseeing these measures.”

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