ORDER

1. This Original Application (hereinafter referred to as ‘OA’) has come up under Sections 14, 15 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) at the instance of Babulal Jajoo, resident of Bhilwara, State of Rajasthan who is claiming himself to be a public spirited person and an Environmentalist, actively engaged in the activities necessary for protection of environment and raises his voice against wrongful activities hampering environment mainly in and around District Bhilwara, State of Rajasthan.

2. Applicant has raised a substantial question relating to environment arising due to implementation of Scheduled enactments under NGT Act, 2010 by raising complaint of degradation of ‘Kothari River’, lifeline of Bhilwara city, which is being degraded and polluted, having attained alarming level of pollution. It is said that ‘River Kothari’ originates from Aravalli hills near Devgarh, District Rajsamand. It flows through districts of Raipur, Mandal, Bhilwara and Kotri and ultimately joins river Banas at Nandari in District Kotri. It flows through District Bhilwara and Rajsamand for a distance of about 51 kms, all through hilly region, and then in plains for a distance of about 100 Kms, before finally merging with Banas River which is also amongst most polluted rivers of the country.

3. City of Bhilwara is situated in Mewar region of Rajasthan State, famous for textiles. ‘Bhilwara city’ is also known as ‘Textile City of India’. It is critically polluted area due to presence of many industries, in and around district, and various textile industries within the city itself. Reports of increased levels of pollution in the city frequently comes due to ever increasing number of industries and housing societies contributing to increased level of pollution in river Kothari also. The inlet source of service water i.e., ‘River Kothari’, available for residents of Bhilwara is becoming poisonous and situation is getting worst with every passage of day reaching to a level where intake of water of river Kothari may be hazardous and dangerous to the health of the residents. Water quality of river is so degraded that it is not suitable, at all, for drinking purposes, particularly due to presence of high level of chemicals, daily discharged from nearby industries and untreated sewage from nearby housing societies and colonies.

4. City of Bhilwara is a critically polluted area due to presence of many industries around the district and various textile industries in the city itself. There have always been reports of increased level of pollution in and around the city due to the ever increasing number of industries and housing societies which clearly signify that development is killing the essence of city i.e., Kothari river. One of the major sources of irrigation and potable water for the residents, living nearby, is this historic river which is at the verge of complete deterioration due to increasing level of pollution and ignorance from the side of local authorities.

5. Various encroachments are threatening existence of the river and increasing chances of devastating floods in the urban area as well becoming a big cause for water scarcity. All type of waste of the city, be it construction waste (malba) or religious offerings or hazardous plastic waste, is either dumped into the river directly or is being piled up near the river banks, consequentially causing nuisance, bad odour and becoming a breeding ground for mosquitoes and other insects, exposing residents of the area to diseases. Various representations were made by applicant to respondent 1 but no heed was paid to his grievance and there is total ignorance and inaction since so many years on the part of administration. 6. Development, at the cost of destruction of river and putting a price on nature becomes meaningless if we treat ecosystems upon which we depend, as a mere commodity for earning profit. Industries manufacturing their products and releas