The Supreme Court of India has issued a series of stringent directives to the Government of Rajasthan, mandating immediate, time-bound measures to restore the critically polluted Jojari-Bandi-Luni river ecosystem. In a landmark order, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta restrained the state from granting any new industrial permissions in the vicinity of these rivers until high flood lines and buffer zones are scientifically determined. The court’s intervention, triggered by systemic regulatory failures, also calls for the formation of a Special Investigation Team (SIT) to combat organized illegal mining and mandates the establishment of a state-funded financial assistance policy for Zero Liquid Discharge (ZLD) infrastructure.

Challenging Flawed Engineering Assessments of River Widths

The court’s decision was significantly influenced by the observations of a High-Level Ecosystem Oversight Committee, which flagged a controversial proposal by the state’s Water Resources Department. The Department had attempted to justify reducing the official widths of the Jojari, Bandi, and Luni rivers based on the volume of sewage and treated wastewater flowing through them. The Committee, and subsequently the Court, rejected this methodology as a "flawed engineering assessment" that would effectively reduce historic river corridors into mere sewage channels.

“Such an exercise would defeat the object of the directions issued by this Court for the preservation, protection and restoration of the river ecosystem,” the Committee noted, emphasizing that recorded boundaries maintained by the Revenue Department must be upheld. During the proceedings, the Additional Solicitor General appearing for Rajasthan admitted that the department’s attempt to redetermine river widths based on pollution flow was "misconceived and could not be sustained." Consequently, the Court ordered that the rivers be protected based on their recorded geographical extents, supplemented by a 100-metre protective buffer zone on either side, with a total prohibition on red-category industries within 500 metres of these boundaries.

Tackling Illegal Mining and Environmental Accountability

The court expressed severe displeasure regarding the unchecked, unscientific sand mining, or "bajri mining," occurring across the riverbeds. This activity has threatened natural flow paths, groundwater recharge, and the overall ecological balance of the region. The court specifically scrutinized the State’s attempt to justify mining leases by arguing they were granted via standard procedure after illegal activities were detected. The bench clarified that administrative regularity in granting a lease does not absolve the state of its environmental protection obligations.

"We deprecate the apparent attempt on the part of the Mining Department of the State of Rajasthan to legitimise illegal mining activities being carried out in the riverbeds by subsequently granting mining leases," the order observed. To address this, the Supreme Court has ordered the formation of an SIT, headed by an officer not below the rank of Inspector General of Police, to conduct a comprehensive investigation into the illegal mining networks. The SIT is tasked with identifying not just the miners but the systemic complicity and dereliction of duty among public officials. Furthermore, the court directed the integration of an anonymous grievance-redressal mechanism into the existing public reporting portal, specifically to handle reports of environmental violations.

Balancing Industrial Growth with Ecological Preservation

Recognizing the " polluter pays " principle, the Court emphasized that the state government cannot shift the entire burden of ecological restoration onto industrial clusters like Jodhpur, Pali, and Balotra. Justice Sandeep Mehta during the hearing noted, "Ultimately, the polluter pays principle will apply equally to the State as well as to the industries. So, as the State and its officials have apparently failed to discharge their obligations, we'll cast the first burden on the state now."

In alignment with this stance, the Court has mandated that the State of Rajasthan formulate a comprehensive policy to provide financial assistance to industrial units struggling to transition to ZLD systems. Until this policy is finalized, the State is required to evaluate applications for financial support on a case-to-case basis following a rigorous technical appraisal. Additionally, the State must prepare a time-bound plan for a redistribution pipeline network to facilitate the reuse of treated wastewater and Reverse Osmosis permeate, thereby minimizing the volume of effluents discharged into the rivers.

The proceedings also clarified the scope of the Court's previous environmental enforcement orders. Addressing concerns from textile units, the bench ruled that while industrial units must strictly adhere to environmental standards, the Court’s previous directions to cease operations do not extinguish the statutory appellate jurisdiction of the National Green Tribunal. The Court granted liberty to affected industrial parties to approach the Tribunal to challenge specific regulatory closure orders on their individual merits.

The matter is part-heard and has been scheduled for further review on November 27, 2026, by which time the State is expected to provide status reports on the newly formed SIT’s progress and the implementation of its industrial assistance policy. The Central Ground Water Authority has also been impleaded as a party to the case to provide an expert assessment of the severe groundwater depletion in the Balotra, Jodhpur, and Pali districts, ensuring that future restoration efforts are grounded in objective scientific data rather than administrative convenience.