Photo : PTI
Two weeks after another bench of the Supreme Court while hearing air pollution matter got drawn into the issue of change of government in national capital, on Tuesday a bench led by Justice B R Gavai while hearing the Yamuna took note of same(BJP forming government in Delhi) and orally remarked that it may have a positive impact vis-à-vis implementation of measures to clean the river water is concerned.
At the outset, Amicus curiae Meenakshi Arora apprised the Bench about the background of the matter before it ‘In Re Remediation Of Polluted Rivers” wherein SC had in 2021 took suo motu cognisance of river pollution and had been passing periodic orders . This was done as the matter was coming before a bench of Justices B R Gavai and A G Masih for the first time.
When Arora said earlier there was a lot of dispute between Haryana and Delhi related to sharing of the river water and also water contamination and pollution, Justice Gavai remarked: “Now with change of government all disputes might get solved..In changed circumstances, there may be better implementation possible”.
Remarks are important as at present all the states through which river Yamuna passes -Haryana,Delhi, Uttar Pradesh- have BJP governments and therefore coordination becomes easier. The SC noted that earlier National Green Tribunal was monitoring issues pertaining to water quality of Yamuna and passing periodic orders but after SC took suo motu cognisance NGT stopped monitoring and the Tribunal also disbanded its committees.
The Bench asked Additional Solicitor General Aishwarya Bhati as to what other issues related to River Yamuna was pending in the SC before other benches so that all of them could be clubbed and heard by SC itself or transferred to NGT.
On January 13, 2021, the apex court had taken cognisance of contamination of rivers-mainly Yamuna and Ganga– by sewage effluent and observed that pollution free water forms the basic right under the Constitutional framework and a welfare state is “bound” to ensure the same.
On February 13, 2025 also, during pollution hearing, the SC got drawn into discussion on change Of Government In Delhi.
The SC bench led by Abhay S Oka said he felt that constant friction between the Central government and the Delhi government and blaming each other may now end with the change in guard( that is a BJP regime set to form government in the national capital replacing the AAP government) but said that does not automatically mean that they would be proactive in resolving the air pollution crisis.
On that day the discussion pertaining to this was triggered by Senior advocate Aparajita Singh, who is acting as amicus curiae.