THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITION (PIL) No.69 of 2025

ORDER:

Mr. Aakula Sampath Kumar, party-in-person.

Ms. K.Sowmya, learned Assistant Government Pleader for General Administration Department, appears for respondent No.1.

Ms. Roohi Nabeela, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appears for respondent No.5.

Mr. Mohammed Hussain, learned Government Pleader for Finance and Planning Department, appears for respondent No.6.

Mr. K.Gautham Reddy, learned Assistant Government Pleader for Industries and Commerce Department, appears for respondent No.7.

Mr. Zeeshan Adnan Mahmood, learned Standing Counsel for Pollution Control Board, appears for respondent Nos.3 and 8 virtually.

Mr. N.Bhujanga Rao, learned Deputy Solicitor General appears for respondent Nos.9 and 10.

2. Heard learned counsel for the parties.

3. The instant public interest litigation has been preferred with the following prayer:

“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Directing the Respondents to immediately prevent discharge of untreated sewage and industrial effluents into the River Godavari and its tributaries, Streams and canals. Direct the Respondents to ensure that all existing Sewage Treatment Plants (STPs) are made fully operational, and to expedite. in a time-bound manner, the establishment of sufficient capacity of new sewage and effluent treatment plants in all major towns, villages and industrial clusters along the Godavari basin expeditiously, and to allocate adequate funds and staff for the same. Direct the Respondents to make rules relating to sewage water management rules where it is discharging in to Godavari river, tributaries, streams and canals in accordance with laws and constitution of India.

Direct the Respondent No.3 and Respondent No.8 to conduct regular monitoring and water quality testing of the Godavari River and its streams. tributaries, Canals and to make public disclosures of pollution levels. Further, direct the authorities to publish assessment and analysis reports periodically, at least twice a year, to ensure transparency and accountability.

Direct fixation of liability and recovery of costs from polluters under the Polluter Pays Principle. Pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice, environmental protection and sustainable development.”

4. Petitioner relies upon a report on the Godavari River prepared by the Ministry of Jal Shakti, National River Conservation Directorate and submits that not only urban waste but industrial waste is being drained into the river causing severe pollution. As a result, the quality of the aquatic life has suffered. The waters are also used for drinking and other purposes in the downstream areas of the River where millions of people are getting affected. This poses a serious threat to public health and environmental safety.

5. We have heard party-in-person and pointed out to the jurisdiction of the National Green Tribunal constituted under the National Green Tribunal Act, 2010 to deal with such matters effecting substantial questions relating to environment including enforcement of any legal right relating to environment. The learned National Green Tribunal also has the power to grant relief, compensation and restitution. Its jurisdiction encompasses implementation of the enactment specified in Schedule-1 which includes Water (Prevention and Control of Pollution) Act, 1974 and also the Environment (Protection) Act, 1986 apart from other enactments. National Green Tribunal has been playing a seminal role in addressing the environmental issues across India over which it has jurisdiction. The report relied upon by the petitioner also refers to industrial waste being poured by major industries in the neighbouring States in the river stream.