JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. These three matters relate to the issue of pollution caused in three rivers namely River Luni, River Badi and River Jojri. The allegations in general are that pollution is being caused by industries and local bodies by discharging industrial and municipal untreated/partially treated effluent in the above rivers resulting in serious degradation to environment and also damage to the agricultural land, health of local inhabitants etc. Out of these three matters, two are transferred Original Applications from Rajasthan High Court (at Jodhpur) i.e., THC 34/2014 (CWP 2844/2011) (hereinafter referred to as ‘OA I’) and THC 32/2014 (CWP 9503/2012) (hereinafter referred to as ‘OA II’) which relate to the pollution caused in River Luni and River Badi while third one i.e., OA 329/2015 (hereinafter referred to as ‘OA III’) relates to River Jojri and was filed before Tribunal itself under Section 14 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act 2010’).

2. The running area of rivers, at some places is over-lapping in as much as River Luni covers parts of districts Ajmer, Pali, Jodhpur, Nagaur, Barmer, Jalore and Sirohi; River Badi is tributary to river Luni passess through the areas which are part of districts Pali, Jodhpur and Barmer and ultimately, joins river Luni and third one i.e. River Jojri flowing within the boundaries of district Jodhpur and run from villages Nandari, Sriyade Nagar, Uchiarda, Basni Benda, Jhalamand, Kudi Bhagtasni, Salawas, Bhandu and Dhawa. All the above villages are in district Jodhpur but last village Dhawa is adjacent to first village of district Barmer i.e. village Doli. Boundary of village Dhawa and Doli touch each other and whenever river Jojri over flows, water enters the boundaries of district Barmer. Since running area of the three rivers was over-lapping and the issue relates to pollution caused by industries and municipal sewage, all the three matters were connected in this Tribunal and in the last three hearings were heard together. In these circumstances, these were finally heard by us collectively and are being decided by this common judgment.

3. Before proceeding further, a bird eye view of the initial pleadings in all the three matters would be necessary to give an idea of the subject, necessary for proper adjudication.

OA (T HC) 34/2014 (CWP No. 2844/2011) (hereinafter referred to as ‘OA I’

4. A writ petition, PIL No. 2844/2011 was filed before Rajasthan High Court at Jodhpur by one Mr. Digvijay Singh raising the grievance that arid land in Industrial Estates Balotra, Bithuja and Jasol was allowed to use for establishing Textile industries without making any Environmental Impact Assessment (hereinafter referred to as ‘EIA’) and the said industries are causing severe pollution by discharging untreated effluent, hence should be made liable for payment of environmental compensation, besides direction for compliance with the environmental norms or to close down. Petitioner (applicant before Tribunal), besides official respondents i.e. State of Rajasthan through Secretary Department of Environment; Collector, Barmer; Rajasthan State Pollution Control Board (hereinafter referred to as ‘RSPCB’); Union of India through Secretary, Ministry of Environment, Forest (hereinafter referred to as ‘MoEF’); Central Pollution Control Board (hereinafter referred to as ‘CPCB’); had impleaded Rajasthan State Industrial Development & Investment Corporation Ltd. (hereinafter referred to as ‘RIICO’) through Regional Manager, RIICO Industrial Area, Balotra District Barmer; Regional Officer, RSPCB at Balotra, district Barmer.

5. Facts stated in the OA, in brief, are that Luni river flows in the western part of India in State of Rajasthan and a major river in Barmer region. The river is also referred as ‘Lavanavari river’ which means ‘salt river’ in Sanskrit. It rises in the Pushkar valley of western Aravalli Range at an elevation of abo