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Restricts Tertiary Water Release Into Jojari River To Prevent Further Industrial Pollution
In a decisive move to salvage the ecological integrity of the Jojari river system, the of India has issued a categorical directive prohibiting the discharge of tertiary treated wastewater into the river. The bench, led by Justice Vikram Nath and Justice Sandeep Mehta, emphasized that the river, which has historically been vital to the livelihoods and health of approximately two million residents in western Rajasthan, must be allowed to recover from decades of industrial neglect.
During the proceedings, the Court expressed deep skepticism regarding the industries' commitment to environmental sustainability, particularly questioning why textile units remain reluctant to recycle treated water for their own manufacturing processes. The judicial stance, marked by a sense of urgency, signals a departure from regulatory leniency that has historically plagued the region.
The Judicial Mandate: Let the River Breathe
The core of the Court's intervention rests on a non-negotiable principle: if water is not clean enough for industrial reuse, it certainly should not be released into a river that eventually contributes to the drinking water supply. Justice Sandeep Mehta was explicit in his rebuke of the current state of affairs, noting,
"Not even a drop of that tertiary water can be allowed in the river. Steel industry is now starting re-use treated water. Tell us whether textile industry is in a position to re-use that water? If you can't use it for dyeing and printing purposes, how do you expect it to be allowed to go into the river where it mixes into drinking water?"
The bench underscored the fragile state of the Jojari, Luni, and Bandi river systems. By refusing to entertain further arguments regarding the release of accumulated wastewater, the Court effectively halted a practice that has long compromised water quality.
"With great difficulty, the river has started breathing. Let it breathe. We will not allow any attempt to kill it again,"
Justice Mehta remarked.
Oversight and the Call for a 20-Point Resolution Plan
To move beyond stop-gap measures, the has proposed the formation of a high-powered task force, to be headed by the Chief Secretary of Rajasthan, V Srinivas. This task force is expected to collaborate with the Court-appointed , led by former Judge Justice Sangeet Lodha. The objective is to formulate and implement a comprehensive 20-point resolution plan aimed at the long-term rejuvenation of the river system.
The Court’s expectations are extensive, covering not only the cessation of effluent discharge but also the systematic upkeep of riverbeds, the removal of unauthorized encroachments, and the strict demarcation of hybrid zones. The bench has demanded that the state authorities act with greater alacrity, particularly regarding the approval and installation of Effluent Treatment Plants (ETPs) for industries discharging over 100 KLD of wastewater.
Addressing Structural and Policy Failures
The proceedings also shed light on the systemic issues involving urban planning and industrial zoning. Justice Mehta raised significant concerns regarding the location of the Pali industrial area, situated on the banks of the Bandi River. The Court suggested that from a long-term developmental perspective, moving such industrial clusters to more appropriate locations might be the only viable solution to prevent persistent pollution.
The bench also scrutinized the conversion of residential land for industrial use, a practice that the Court noted runs contrary to established , including a specific judgment by a Full Bench of the prohibiting such land-use changes. When questioned by the Court, assured the bench that no new permissions were being granted for such conversions and that the state is actively pursuing the relocation of existing non-compliant industries.
The Court further expressed its strong disapproval of the proposed development of the
Industrial Area at Kakani on the banks of the Luni River. Addressing the state, the bench questioned the prudence of repeating past mistakes, stating,
"again you are doing the same thing... thankfully it is stopped for the time being... do you want another disaster to strike?"
Implications for Legal Practice and
This case, initiated by the following reports of rampant pollution affecting two million lives, represents a significant shift in . The Court's willingness to integrate criminal law provisions, such as those found in the , and the , underscores an evolving judicial philosophy that seeks to hold state and industrial entities strictly accountable for environmental degradation.
For legal professionals, the case serves as a template for how higher courts may approach environmental disasters. The focus is no longer merely on compliance reports or bureaucratic filings; it is now on tangible outcomes—measurable in the cleanliness of water and the actual restoration of ecosystems. The expectation for state authorities to treat these rivers as a "Maru Ganga" (Desert Ganges) indicates that courts are increasingly viewing river protection as a under , prioritizing the ecological health of the collective over industrial convenience.
Conclusion: A New Era of Enforcement
As the matter stands, the has set a firm deadline for the delivery of specific orders, signaling that the era of vague promises and unimplemented blueprints is coming to an end. The directive to stop the release of tertiary water is not just a regulatory hurdle for the textile and manufacturing sectors in Rajasthan; it is a profound legal precedent that reinforces the necessity of adopting . By insisting on a 20-point plan and demanding active, transparent governance, the Apex Court is ensuring that the Jojari river system is no longer a casualty of industrial indifference, but a protected resource for future generations. The legal community will be watching closely to see how the state handles the enforcement of these directives, as they hold the key to restoring the lifeblood of western Rajasthan.
