IN RE: 2 MILLION LIVES AT RISK CONTAMINATION IN JOJARI RIVER RAJASTHAN Vs. IN RE: 2 MILLION LIVES AT RISK CONTAMINATION IN JOJARI RIVER RAJASTHAN

JUDGEMENT

(1.) Introduction The present proceedings involve issues of grave concern and disastrous consequences, as a fallout of apathy at all levels which has virtually put the lives of 2 million people, animals and ecosystem of three important rivers in western Rajasthan at peril. These rivers are 'Jojari' which passes through Jodhpur, the second largest city of Rajasthan; 'Bandi' which passes through city Pali; and 'Luni' which passes through Balotra with the latter two being hubs of dyeing printing industry. Rivers 'Bandi' and 'Jojari' merge into river 'Luni' somewhere near Balotra city.[Hereinafter referred to as the 'river system']

(2.) This Court has, over the years, been called upon to examine innumerable issues pertaining to environmental degradation, but the factual matrix of this case stands out for the duration, extent, and magnitude of the harm inflicted. What emerges from the record is not an isolated incident nor an accidental oversight, but a sustained, systemic collapse of regulatory vigilance and utter administrative apathy stretching over nearly two decades.

(3.) The pollution of the aforementioned riverine ecosystem, represent an assault not merely on natural watercourses but on the constitutional guarantees that animate and sustain the Indian Republic, i.e., the right to life, dignity, health, safe drinking water, ecological balance, equality, and the right of future generations to inherit an environment capable of sustaining life. When environmental degradation reaches such gargantuan proportions that it strikes at the foundation of these guarantees, the injury transcends the ecological realm and becomes a direct constitutional injury requiring immediate, comprehensive and effective judicial redress.