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SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
In Re: 2 Million Lives At Risk, Contamination In Jojari River, Rajasthan – Appellant
Suo Moto Writ Petition (Civil) No. 8 of 2025, Civil Appeal Nos. 5517-5519 of 2022, Civil Appeal No. 8748 of 2022, Civil Appeal Nos. 9057-9058 of 2022, Civil Appeal Nos. 9010-9011 of 2022
Decided On : 18-03-2026
Key Points: - The Court confirmed the right to a pollution-free environment under Article 21 and directed strict state compliance with pollution control and restoration measures (!) (!) (!) . - The formation of a High-Level Ecosystem Oversight Committee with wide-ranging mandates to oversee restoration, identify pollution sources, supervise compliance, and recommend measures was upheld (!) (!) (!) . - The Court directed implementation of interim measures including enhanced oversight of CETPs, mandatory upgrades to Zero Liquid Discharge, stricter effluent monitoring, regulation of tanker discharge, restoration of the river’s natural course, and ensuring potable water supply to affected areas (!) (!) (!) (!) .
| Table of Content |
|---|
| 1. clarification on interim stay (Para 1) |
| 2. formation of monitoring committee for river restoration (Para 2 , 3 , 4 , 5) |
| 3. updates from the status reports of the committee (Para 6 , 7 , 8) |
| 4. evaluation of environmental degradation (Para 9 , 10 , 11) |
| 5. issues with industrial waste management (Para 12 , 13 , 14 , 15 , 16) |
| 6. sewage treatment infrastructure failures (Para 17 , 18 , 19 , 20) |
| 7. inspection findings and impact on ecology (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 8. committee's recommendations for immediate actions (Para 33) |
| 9. actions taken by authorities based on recommendations (Para 34) |
| 10. identification of discharge points and mapping (Para 35 , 36 , 37 , 38) |
| 11. further recommendations for restoration efforts (Para 39 , 40 , 41) |
| 12. state negligence in environmental protection (Para 42 , 43 , 44) |
| 13. systemic failures identified by the court (Para 45 , 46 , 47 , 48) |
| 14. urgent measures needed to address ecological crises (Para 49 , 50 , 51 , 52 , 53 , 54) |
| 15. interim directions for comprehensive actions (Para 55 , 56 , 57 , 58 , 59 , 60 , 61) |
ORDER :
1. This Court, vide order dated 21st November, 20251 [ In Re: 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan , 2025 SCC Online SC 2518] while taking note of the severe degradation and destruction of the Jojari River System, deemed it necessary to modify/clarify the order granting interim stay on the directions issued by the National Green Tribunal2 [Hereinafter, being referred to as “NGT”] vide final order dated 25th February, 2022. The Court held that the stay shall not operate so as to restrain the implementation of substantive remedial and regulatory directions issued by the NGT. However, it was clarified that the interim stay would continue to operate only in respect of the remarks made against Rajasthan State Industrial Development and Investment Corporation3 [For short “RIICO”] and other concerned authorities/corporations, as well as the direction imposing environmental compensation of Rs. 2 Crores upon them. These aspects were kept open for consideration at an appropriate stage, subject to an evaluation of the future conduct, actions and compliance demonstrated by the said authorities/corporations.
2. In furtherance thereof, and having regard to the scale of environmental harm, the prolonged inaction and the necessity of a coordinated, scientifically informed and accountable institutional framework, this Court deemed it appropriate to constitute a High-Level Ecosystem Oversight Committee4 [Hereinafter, being referred to as the “Committee”] under the chairmanship of Hon’ble Mr. Justice Sangeet Lodha, Hon’ble (Retd.) Judge of High Court of Judicature for Rajasthan. The constitution of the said Committee was considered imperative to enable effective oversight of the restoration of the river system and to ensure that remedial measures are implemented in a structured and sustained manner. The Committee was envisaged as a dedicated fact-finding, monitoring and implementation body tasked with identifying systemic deficiencies, supervising measures necessary to arrest further pollution, and formulating long-term strategies for reversal of the environmental damage already caused.
3. The mandate of the aforesaid Committee, as delineated by this Court, was wide-ranging and comprehensive. The Committee was entrusted with ensuring the time-bound implementation of the directions issued by the NGT vide final order dated 25th February, 2022; preparation of a scientific and actionable river restoration and rejuvenation blueprint; identification and mapping of pollution sources; and supervision of compliance by industrial units and municipal bodies. The Committee was further empowered to conduct audits and inspections, assess infrastructure gaps in treatment facilities, recommend augmentation measures, and enforce accountability by identifying erring entities and invoking the “Polluter Pays” principle. Additionally, the Committee w
The right to a pollution-free environment, including access to clean water, is a fundamental right under Article 21 of the Constitution, necessitating urgent state compliance in pollution control and....
The right to a clean environment and access to safe drinking water is an integral facet of the right to life. The state bears a constitutional obligation to ensure environmental protection, enforce r....
Municipal bodies must ensure functional STPs and waste management; pollution control boards to monitor compliance, recover environmental compensation for violations, and prosecute defaulters.
Local bodies strictly liable for untreated sewage discharge into water bodies; compensation regime enforced at Rs.5-10 lakh monthly per default, with monitoring by pollution boards for remediation an....
The principles of natural justice must be adhered to, requiring full opportunity for objections before tribunal decisions to ensure compliance with environmental regulations.
The Tribunal emphasized the principle of 'Polluter Pays' for environmental violations and mandated the imposition of compensation while acknowledging improvements made by the industry.
Environmental compliance is fundamental; violations can result in operational revocation and require remediation consistent with the 'Polluter Pays' principle.
Nagar Panchayat's continuous violations of water pollution standards necessitate significant environmental compensations for restoration and compliance.
Treated industrial effluent cannot be discharged into storm water drains joining rivers unless meeting surface water standards (COD <50 mg/l), violating pollution laws despite general compliance; pol....
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