Supreme Court stays appointment of Delhi L-G as Yamuna panel chief

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

A bench of Chief Justice 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.

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

Agreeing with 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 and the failure of authorities to take up sufficient remedial measures.