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.) This Court, vide order dtd. 21/7/2026, took on record the Second Status Report submitted by the High-Level Ecosystem Oversight Committee [Hereinafter, being referred to as the "Committee"], along with its comments on the First Status Report of the Special Investigation Team. [Hereinafter, being referred to as the "SIT"] During the course of the hearing, this Court also handed over to Mr. S.V. Raju, learned Additional Solicitor General appearing for the State of Rajasthan, copies of certain newspaper reports highlighting matters of grave environmental concern across different regions of the State. Upon consideration of the Committee's reports and the aforesaid newspaper reports, this Court noted prima facie material disclosing grave environmental concerns, including widespread contamination of water bodies, discharge of untreated industrial effluents, degradation of groundwater, agricultural lands and wildlife habitats, possible encroachments upon riverbeds and floodplains, deficiencies in the identification of High Flood Line and buffer zones, and ex facie systemic failures in regulatory enforcement. The Committee had also highlighted issues concerning ecological restoration, protection of riverine ecosystems, strengthening of the institutional framework governing river basin management, and the functioning of the Common Effluent Treatment Plant (CETP), Sangariya, warranting immediate attention.

(2.) Having regard to the seriousness and emergent nature of the issues brought to its notice, this Court issued a series of interim directions, inter alia, permitting the Committee to examine representations of White Category industries for appropriate relief; directing the State of Rajasthan to facilitate transfer of identified lands to the Forest Department for ecological restoration; requiring the Rajasthan State Pollution Control Board [For short, "RSPCB"] to prepare and implement, under the Committee's supervision, a scientific plan for the treatment and safe disposal of the accumulated effluents at CETP, Sangariya without permitting resumption of industrial operations; and directing the State to file comprehensive affidavits responding to the Committee's findings and the environmental concerns reflected in the newspaper reports. The Court further required the State to explain the non-invocation of graver penal provisions in environmental prosecutions, directed immediate consideration of such offences particularly those under Ss. 272, 326(a), and 326(c) of the Bhartiya Nyaya Sanhita, 2023, and for offences punishable under the Prevention of Damage to Public Property Act, 1984 in pending and future cases, made the Chief Secretary personally responsible for ensuring compliance with the Court's directions, and directed his appearance through virtual mode on the next date of hearing.

(3.) Pursuant to the aforesaid order dtd. 21/7/2026, the State of Rajasthan has placed on record (i) a Report of the Special Investigation Team in compliance with the directions issued by this Court; and (ii) a comprehensive Compliance Report on behalf of the State, detailing the steps taken in furtherance of the directions contained in the aforesaid order. The State has also brought on record the factual position, after due verification, with regard to the newspaper reports handed over to the learned Additional Solicitor General during the course of the previous hearing, including the action taken by the concerned authorities, the responsibility, if any, fixed, and the remedial measures proposed to address the environmental concerns highlighted therein. The reports further set out the progress made by the State authorities in implementing the directions issued by this Court and the measures undertaken towards ensuring compliance with the previous order.