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2026 Supreme(Online)(SC) 1618

Vikram Nath, Sandeep Mehta, JJ
ABC – Appellant
Versus
XYZ – Respondent
SUO MOTO WRIT PETITION (CIVIL) NO(S). 8 OF 2025|CIVIL APPEAL NO(S). 5517-5519 OF 2022|CIVIL APPEAL NO(S). 8748 OF 2022|CIVIL APPEAL NO(S). 9057-9058 OF 2022|CIVIL APPEAL NO(S). 9010-9011 OF 2022



Advocates:
For the Appellants/Petitioners:
For the Respondents: Shiv Mangal Sharma

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 regulatory compliance, and restore ecosystems damaged by systemic administrative and industrial negligence.

Headnote:(A) Constitution of India - Article 21 - Right to life - Right to clean water and pollution-free environment - State’s constitutional obligation to protect natural resources and ensure public health - The right to access clean drinking water is an integral facet of the right to life and cannot be compromised on account of administrative inaction or environmental neglect. (Paras 51, 52, 56)

(B) Environmental Law - Polluter Pays Principle - Accountability of industrial and municipal bodies - Systemic failure in regulatory enforcement and infrastructure management necessitates strict judicial oversight and the implementation of a comprehensive, time-bound remedial framework for ecological restoration. (Paras 40, 41, 54)

Facts of the case:
The matter concerns severe environmental degradation of a river system caused by the continuous discharge of untreated industrial effluents and municipal sewage. Despite existing regulatory frameworks, there has been a persistent failure to enforce environmental standards, leading to widespread contamination of groundwater, soil, and the destruction of local ecosystems. The material on record indicates that the damage is extensive and systemic, resulting from administrative apathy and regulatory inaction, with existing treatment infrastructure being under-utilized while illegal discharge continues unabated.

Findings of Court:
The court found that the environmental crisis has transcended ecological boundaries and directly undermined the fundamental rights of the affected communities. The evidence revealed a disturbing pattern of conduct intended to obscure the true extent of environmental degradation, including deliberate acts of concealment. The court observed that the under-utilization of treatment facilities, when juxtaposed with the pervasive discharge of untreated effluents, reflects a collapse of regulatory and supervisory mechanisms.

Issues: The main issues addressed were the accountability of state authorities and industrial entities for environmental harm, the adequacy of existing treatment infrastructure, the necessity of a coordinated framework for ecological restoration, and the state's obligation to provide safe drinking water to affected populations.

Ratio Decidendi: The court held that the state is under a constitutional obligation to prevent pollution and restore contaminated resources. Systemic failure in enforcement warrants strict judicial monitoring and the implementation of a comprehensive, time-bound remedial plan. The court emphasized that mere issuance of warnings is insufficient, and that entities responsible for grave environmental violations must be dealt with firmly through prosecution and the imposition of penalties under the polluter pays principle.

Result: Interim directions issued for infrastructure augmentation, strict enforcement against violators, establishment of a multi-disciplinary assessment panel, and a request for the constitution of special courts for expeditious adjudication.

Table of Content
1. constitution of high-level ecosystem oversight committee for river restoration. (Para 1 , 2 , 3 , 4)
2. court's acknowledgment of committee status report and persistence of pollution. (Para 5 , 6 , 7 , 9 , 10 , 11)
3. industrial effluent management and infrastructural failures in polluting regions. (Para 13 , 14 , 15 , 16)
4. inadequacies in municipal sewage treatment infrastructure and regulatory gaps. (Para 17 , 18 , 19 , 20 , 21)
5. empirical inspection findings confirming severe ecological and public health damage. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32)

O R D E R

Mehta, J.

1. This Court, vide order dated 21st November, 20251, while taking note of the severe degradation and destruction of the Jojari River System, deemed it necessary to modify/clarify the order granting

1 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan,

In re, 2025 SCC OnLine SC 2518.

interim stay on the directions issued by the National Green Tribunal, 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 Corporation, 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 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

4 Hereinafter, being referred to as the “Committee”.

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 was tasked with integrating technical inputs from expert institutions, facilitating real-time monitoring mechanisms, and ensuring community engagement through dissemination of water quality data and incorporation of local feedback.

4. The matter was thereafter directed to be listed on 27th February, 2026 for the purpose of receiving the first status report of the Committee, so as to enable this Court to assess the progress made and to issue further directions, if necessary.

5. In the hearing on 10

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