Full Judgment Text
2025 INSC 1341
REPORTABLE
IN THE SUPREME COURT OF INDIA
INHERENT/CIVIL APPELLATE JURISDICTION
SUO MOTO WRIT PETITION (CIVIL) NO(S). 8 OF 2025
IN RE: 2 MILLION LIVES AT RISK,
CONTAMINATION IN JOJARI RIVER,
RAJASTHAN
WITH
CIVIL APPEAL NO(S). 5517-5519 OF 2022
CIVIL APPEAL NO(S). 8748 OF 2022
CIVIL APPEAL NO(S). 9057-9058 OF 2022
CIVIL APPEAL NO(S). 9010-9011 OF 2022
O R D E R
Mehta, J.
Table of Contents
I. Introduction ............................................................ 2
II. Overview of the Suo Moto Proceedings and the
Orders passed by this Court .......................................... 4
III. Status Report Filed by the State of Rajasthan .... 16
Signature Not Verified
IV. Assessment of the State’s Submissions and
Identified Deficiencies ................................................. 27
Digitally signed by
NEETU KHAJURIA
Date: 2025.11.21
17:59:57 IST
Reason:
1
V. Constitutional Framework: Right to Life and Right
to a Healthy Environment ........................................... 30
VI. Environmental Degradation of the river system:
Findings and Impact ................................................... 38
VII. Modification/Clarification of Interim Stay on the
National Green Tribunal’s Order: Legal and
Environmental Necessity ............................................. 42
VIII. Constitution of the High-Level Ecosystem
Oversight Committee ................................................... 45
IX. Terms of Reference and Powers of the High-Level
Ecosystem Oversight Committee .................................. 48
X. Administrative and Logistical Arrangements for
the Committee ............................................................. 58
XI. Operative Directions ........................................... 61
I. Introduction
1. 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
2
through Balotra with the latter two being hubs of
dyeing printing industry. Rivers ‘Bandi’ and ‘Jojari’
1
merge into river ‘Luni’ somewhere near Balotra city.
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
1
Hereinafter referred to as the ‘river system’.
3
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.
II. Overview of the Suo Moto Proceedings
and the Orders passed by this Court
4. It is in this backdrop that this Court, by order
th
dated 16 September, 2025, took suo moto
cognizance of a news documentary highlighting the
grave environmental catastrophe in the Jojari River
region. The documentary titled “2 Million Lives at
Risk | India’s Deadliest River | Marudhara |
4
Jojari | Rajasthan” exposed alarming levels of
industrial pollution, governance failures, and severe
public health consequences affecting nearly two
million residents across several districts of
Rajasthan. The said order recorded the factual
background, recognised the gravity of the
environmental disaster, and sought response from
the State of Rajasthan.
5. Thereafter, when the matter came up for
th
hearing on 9 October, 2025, this Court broadened
the horizon and considered the same issue of
pollution in rivers Bandi and Luni in addition to
Jojari. The Court noted multiple earlier proceedings
before the High Court of Judicature for Rajasthan
and the National Green Tribunal, Principal Bench,
New Delhi culminating in detailed monitoring
committee reports and comprehensive directions
issued by the National Green Tribunal vide final order
5
th
dated 25 February, 2022. This Court further took
note of the fact that several statutory appeals arising
out of the said order of the National Green Tribunal,
namely, Civil Appeal Nos. 5517-5519 of 2022; 8748
of 2022; 9057-9058 of 2022; and 9010-9011 of 2022,
were pending before this Court which involved issues
intrinsically connected with those being taken up in
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the present suo moto writ petition. In order dated 9
October, 2025, this Court observed that considering
the commonalities of issues required to be dealt with,
in the suo moto writ petition and the pending appeals,
it would be expedient in the interest of justice, to
direct that these pending appeals be tagged and
heard together with the suo moto writ petition, while
directing that Civil Appeal No. 2901 of 2022 be de-
tagged as the issues therein were different.
Accordingly, the Registry was directed to place the
papers before Hon’ble the Chief Justice of India to
6
seek a direction for analogous hearing of all the above
referred matters with the suo moto writ petition. For
ready reference, the said order is extracted
hereinbelow: -
“ 1. This suo moto writ petition was registered
th
pursuant to this Court’s order dated 16 September,
2025. By the said order, this Court took suo moto
cognizance of a documentary named “2 Million
Lives at Risk| India’s Deadliest River |
Marudhara | Jojari | Rajasthan” uploaded on the
th
YouTube by a channel named “News Pinch” on 12
September, 2025.
2. We have holistically examined the materials
provided to us and have also researched for the
orders which may have been passed in relation to the
same issue. We have found that for the very same
environmental issue, numerous writ petitions were
filed in the High Court of Judicature for Rajasthan,
Principal Seat at Jodhpur, including Civil Writ Petition
Nos. 2844 of 2011 and 9503 of 2012. These writ
petitions were ultimately transferred to the National
Green Tribunal, Principal Bench, New Delhi where
they were registered as Original Application Nos.
34(THC) of 2014 and 32(THC) of 2014.
3. The Gram Panchayat, Araba filed Original
Application No. 329 of 2015 before the National Green
Tribunal, Principal Bench, New Delhi in respect of
pollution in Jojari river which is the subject matter of
the suo moto writ petition.
4. We may note that as per the topography of the
area concerned, there are three rivers involved in this
environmental disaster. River Luni originates in the
Aravali range at Ajmer and flows through districts
Pali, Jodhpur, Barmer and then dissipates into the
Rann of Kutch. River Bandi is a tributary to river Luni
and runs through districts Pali, Jodhpur and Barmer
7
and ultimately joins river Luni. River Jojari flows
within the boundaries of district Jodhpur.
5. The Principal Bench of National Green
Tribunal, New Delhi, in order to resolve the serious
issues of pollution in these rivers constituted a Special
Task Force in an endeavour to control the industrial
pollution created by the textile and steel industries in
Jodhpur and the textile industries of Balotra and Pali
districts, which are adjoining the Jodhpur District.
rd
6. Vide orders dated 23 November, 2020 and
th
7 December, 2020, the Special Task Force was
abolished, and 3 separate monitoring committees
were created to monitor the pollution created by the
industries running in Jodhpur, Pali and Balotra
districts. Justice Prakash Chandra Tatia, (former
Judge of the High Court of Judicature for Rajasthan
and former Chief Justice of High Court of Jharkhand
at Ranchi) was appointed as the Chairperson of these
three Committees. The monitoring Committees,
identified the following common issues in all the
matters: -
• The effluents generated by the textile industries of
Jodhpur, Pali, Balotra, Jasol, and Bithuja;
• The effluents generated by the steel Industries at
Jodhpur;
• Sewage from Jodhpur, Pali, Balotra;
• Industries are of similar type, i.e., textile
industries exist at all three places along with steel
industries at Jodhpur. Also, CETP, Jodhpur is
common for these industries;
• Industrial and sewage waste, is being discharged
in rivers/tributaries Jojari, Bandi and Luni and
ultimately effluents are being discharged directly
or indirectly into river Luni;
• Affecting three adjacent areas, i.e., Jodhpur, Pali
and Barmer District;
• Common preventive measures for all polluters of
these three districts.
7. The monitoring committees, in its common
th
interim report dated 20 April, 2021, gave the
8
following suggestions for dealing with the pollution
disaster: -
• Relocation of Gandhipura, Balotra industries may
be considered by NGT.
• Underutilised CETPs should be fully utilised
immediately.
• Effluents at factory outlets must stay within
prescribed limits (in terms of both quantity and
quality) and SCADA meters with auto-cut to be
installed in all CETP member units in Jodhpur, Pali
and Balotra to be ensured within next three
months.
• Effluents at CETP outlets must also be maintained
within prescribed limits, with strict checking by
Trusts and Rajasthan State Pollution Control
Board (RPSCB).
• No mixing of CETP treated water with untreated
sewage or storm drains; responsibility lies with
CETP Trust and municipal bodies.
• Municipal bodies should have strict supervision of
all of their respective drains and manholes and
must ensure that no effluents/sewage enter
drains or manholes. Violations to attract action
under Section 133 Code of Criminal Procedure and
before RPSCB.
• If municipal bodies mix sewage/stormwater with
CETP effluents, CETP Trust must complain to
RSPCB for action against erring officer.
• Point Nos. 1-7 shall apply mutatis mutandis to
Sewage Treatment Plants (STPs) and in STPs
where chlorination is not provided, municipal
corporations must install chlorination plants
immediately.
•
SPCB has ultimate responsibility to check all
defaults referred above, regardless of who is
primarily responsible.
• Zero Liquid Discharge Policy (ZLD Policy) applies to
all and all the stakeholders, including municipal
bodies should be asked to furnish written
undertaking by what time they will fully obey this
policy and they be directed not to discharge
9
untreated, chemical or dyes or any effluents mixed
water in any river so as to take other effluents to
hundreds of kilometres.
• Regional Officer, RSPCB must identify all critical
th
discharge points into rivers by 7 May, 2021,
collect samples monthly and at any time via
surprise checks, and shall keep record readily
available for inspections of RSPCB’s higher
authorities. Regional Officer, RSPCB shall produce
monthly inspection reports before this or any
Committee as per direction of NGT. Also, the
respective Regional Officer, RSPCB should develop
a mechanism to upload the test results of the
samples which are collected at these critical points
on regular basis at the RSPCB website without
any delay so that they are available to public. The
monitoring and sharing of test results shall
continue till this direction is modified.
• Regional Officer, RSPCB shall take strict action
against any industry discharging effluents into
public/RIICO drains, rivers, or public places.
• Municipal bodies must submit better sewage
• management plans, uninfluenced by finances.
• Rajasthan Government should take a policy
decision to demarcate separate areas for “non-
polluting industries” and “polluting industries” for
better effluent management.
• Local administration should use Section 133 Code
of Criminal Procedure, 1973 against continuous
public nuisance from effluents in congested areas.
• National Green Tribunal may consider whether
CETP should be treated as an extension of
industry premises since it handles unavoidable
external processing.
• All government departments (Industries
Department, Revenue Department, PHED,
Electricity, SPCB, local bodies, administration)
must discharge their legal duties independently
during all times uninfluenced by the monitoring
done by the Committee; committee only
supplements, not supersedes, their functions.
10
8. The monitoring committees gave its common final
nd
report on 22 July, 2021 stating that its interim
th
report dated 20 April, 2021 shall be read as part
and parcel of the final report. In the said final report,
the following recommendations were given: -
• SPCB and State must increase cadre strength of
SPCB and immediately fill all vacancies.
• Review laws and enforcement, collect data on
resumed agricultural lands, cancelled
leases/Pattas. If such actions were not taken,
State Government may be asked, why authorities
failed in enforcing laws and terms of conditions of
the leases and Khatedari Rights?
• All Regional Officers must report details of illegally
established industries on agricultural land to
Tehsildar, Jodhpur Development
• Authority, Jodhpur Municipal Corporation, and
Municipal Bodies of Pali and Balotra.
• For future, Regional Officers must promptly report
any illegally established industry on agricultural
land to Tehsildar, Jodhpur Development Authority,
Jodhpur Municipal Corporation, and Municipal
Bodies of Pali and Balotra for appropriate legal
action.
• All Tehsildars must register cases against persons
who are illegally using agricultural land for
industries and send case details to Regional
Officer, RSPCB without any delay.
• Tehsildars must provide Regional Officer with a
copy of the final order passed in such cases
immediately.
• In cases where Khatedari rights not cancelled or
land in question has not been resumed, Regional
Officer must send Tehsildar’s order to Member
Secretary, RSPCB, who must examine reasons
and, if necessary, advise Collector to challenge
within 15 days.
• A Monitoring Committee must oversee the progress
of CETP projects, construction of new STPs,
sewage lines/nallahs, and storm drainage works
11
to avoid delays, cost escalation, and financial
burden.
• Gram Panchayats, along with Revenue Officers
and Tehsildars, must prevent pollution and act
against industries on agricultural land within their
jurisdiction, with accountability fixed for failures.
• Municipal Corporations (Jodhpur, Pali, Balotra),
RIICO, and State must prioritize sewage
management, maximize water reuse
• after treatment, and ensure proper disposal of
non-reusable water for villages like Araba and
surrounding areas of about 40 km areas.
9. After receiving the aforesaid final report and
hearing the parties, the National Green Tribunal,
th
Principal Bench, New Delhi vide final order dated 25
February, 2022 issued the following directions: -
• The recommendations of Monitoring
th
Committee as contained in reports dated 20
nd
April, 2021 and 22 July, 2021, which is
already quoted shall be complied with by the
concerned authorities within 6 months.
• RSPCB shall ensure that no untreated, or
partly treated pollutant is discharged in
water or water bodies or land including
rivers in question, which do not comply with
the environmental laws and norms and any
industry including operators of ETP, STP or
CETP shall be closed/sealed, if violation is
found to have continued. For the period of
non-compliance including post violations,
environmental compensation shall be
determined by Competent Statutory
Regulators, against violators, on the
principle of ‘Polluter’s Pay’, after giving show
cause notice and opportunity and the said
amount of compensation shall also be
recovered. This entire exercise shall be
completed within 6 months.
• RIICO shall pay environmental compensation
of Rs. 2 Crores by depositing the same with
the Central Pollution Control Board.
12
• The local bodies/authorities of District
Barmer and Jodhpur each shall pay
compensation of Rs. 2 Crores within 15 days
with RSPCB and in case steps required to be
taken by them for stopping pollution for
complying with the directions mentioned
above within 6 months are failed, they shall
pay further compensation of above amount.
• The Statutory Regulators, in coordination with the
concerned District Magistrates shall make a
survey of respective areas of districts Jodhpur and
Barmer, prepare detailed exhaustive lists of
Industrial Proponents who are causing pollution,
air and/or water pollution. A regular monitoring
shall be observed by a Committee comprising
RSPCB, concerned District Magistrates and
Central Ground Water Authority (CGWA) and
appropriate remedial action including
assessment of compensation as well
prosecution shall be taken against the
violators.
• Amount of compensation deposited/recovered as
directed above, shall be utilised for remediation
and restoration of environmental damage. For this
purpose, a joint Committee comprising CPCB,
RSPCB, CGWA and District Magistrates Barmer
and Jodhpur shall finalize plan within two months
and execute the same within six months.
• Compliance report by respective
bodies/authorities in respect of directions as
th
above, shall be submitted by 30 September,
2022 with Registrar General, NGT. If any further
direction is required/needed or found necessary
the Registrar General, NGT shall place the matter
before the Tribunal.
10. Statutory appeals under Section 22 of
National Green Tribunal Act, 2010, as per details
mentioned below have been filed in this Court against
the aforesaid order of National Green Tribunal,
Principal Bench, New Delhi wherein different orders
13
have been passed which are quoted hereinbelow for
the sake of ready reference: -
I. Civil Appeal Nos. 5517-5519 of 2022:
RIICO v. Digvijay Singh & Ors. [Order dated 29th
August, 2022]
“Issue Notice. To be heard along with Civil
Appeal No.2901/2022. There shall be
interim stay. List after six weeks.”
II. Civil Appeal No. 8748 of 2022: Municipal
Council, Pali v. Kisan Paryavaran Sangharsh Samiti,
Jaipur & Ors. and Civil Appeal Nos. 9057-9058 of
2022: Nagar Nigam, Jodhpur v. Gram Panchayat,
Araba & Ors. [Order dated 21st November, 2022]
“Delay condoned. Issue notice. There shall
be interim stay in terms of the order passed
in Civil Appeal Nos. 5517-5519 of 2022 on
29.08.2022. Tag with Civil Appeal Nos.
5517-5519 of 2022.”
III. Civil Appeal Nos. 9010-9011 of 2022:
Municipal Council, Balotra v. Digvijay Singh & Ors.
[Order dated 28th November, 2022]
“Delay condoned. Issue notice. Tag with
Civil Appeal No. 8748 of 2022.”
11. It is pertinent to note that Civil Appeal Nos.
5517-5519 of 2022 were directed to be heard along
with Civil Appeal No. 2901 of 2022 vide order dated
th
29 August, 2022. However, on perusal of records, it
is evident that the issues involved in Civil Appeal Nos.
5517-5519 of 2022 and the suo moto writ petition are
completely different from the issues involved in Civil
Appeal No. 2901 of 2022. Hence, Civil Appeal No.
2901 of 2022 shall be de-tagged and heard
separately.
12.
Having considered the commonalities of
issues which we propose to deal in the suo moto writ
petition and the pending appeals, it would be
expedient in the interest of justice, to direct that these
pending appeals, i.e., Civil Appeal Nos. 5517-5519 of
2022; Civil Appeal No. 8748 of 2022; Civil Appeal
Nos. 9057-9058 of 2022; and Civil Appeal Nos. 9010-
14
9011 of 2022 should be clubbed and heard together
with the suo moto writ petition.
13. Accordingly, the Registry is directed to place
the papers before Hon’ble the Chief Justice of India
for seeking direction of analogous hearing for all the
above referred matters with the suo moto writ
petition.”
th
6. On 7 November, 2025, this Court, upon
hearing the submissions advanced by Mr. Shiv
Mangal Sharma, learned Additional Advocate
General for the State of Rajasthan, granted him a
weeks’ time to obtain instructions, in particular, as
to whether the Rajasthan State Industrial
Development & Investment Corporation Ltd. (RIICO),
Municipal Councils of Pali, Balotra and Jodhpur still
wanted to continue with their appeals. Learned
Additional Advocate General was further given liberty
to file status report indicating the steps taken by the
State and its instrumentalities in relation to the
environmental concerns raised in the present
15
proceedings. The relevant extract of the said order is
reproduced hereinbelow: -
“Mr. Shiv Mangal Sharma, learned Additional
Advocate General for the State of Rajasthan, seeks
a week’s time to obtain instructions in the
matter, in particular, about the fact whether the
Rajasthan State Industrial Development &
Investment Corporation Ltd. (RIICO), Municipal
Councils of Pali, Balotra and Jodhpur still want
to continue with their appeals.
List the matters again on 17.11.2025.
In the meantime, Mr. Shiv Mangal Sharma,
learned AAG, may file status report. ”
III. Status Report Filed by the State of
Rajasthan
7. Pursuant to the aforesaid order, the State of
Rajasthan has placed on record a status report dated
th
15 November, 2025, filed through the learned
Additional Advocate General. The Status Report,
accompanied by multiple annexures including
minutes of high-level meetings, photographs,
compliance communications, and proposed technical
action plans, delineating the steps undertaken by
16
various State agencies in response to the
environmental crisis as well as the State’s position
with respect to the pending appeals. A succinct
summary of the salient aspects of the said Status
Report is set out hereinbelow: -
• The State of Rajasthan has acknowledged the
critical issue of pollution of the river system and
has assured of its full compliance with all
directions and orders. The State has committed
to cooperating fully to resolve the issue in the
interest of public welfare.
• The State held discussions with the Municipal
Corporations of Jodhpur, Pali, Balotra, and
Rajasthan State Industrial Development and
Investment Corporation Ltd. (RIICO) regarding
pending appeals against the National Green
th
Tribunal’s final order dated 25 February,
2022. All appellants agreed to allow the positive
17
directions of the National Green Tribunal to
continue without further stay and pledged to
work jointly and to assist this Court in resolving
the issue.
• The State has requested this Court to expunge
remarks made by the National Green Tribunal
against RIICO and other
authorities/Corporations. Additionally, the
State has sought relaxation of the
environmental compensation Rs. 2 Crores
imposed by the National Green Tribunal,
proposing that the liability be recovered from
the violating industrial units under the “Polluter
Pays” principle. The State also suggests that any
compensation or liability determined should be
exclusively utilized for pollution abatement and
restoration works.
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• The State has requested this Court to implead
the three Common Effluent Treatment Plants
(CETPs) located in Jodhpur, Pali, and Balotra,
which are Special Purpose Vehicles (SPVs)
constituted by the industries and are
responsible for the management and operation
of the said plants. This inclusion is deemed
essential for ensuring effective implementation
of this Court’s directions.
• The State has undertaken several urgent
measures following this Court taking suo moto
cognizance of the issue. Inspection drives in
Jodhpur during September-October, 2025 led
to the closure of 17 non-compliant industrial
th
units, while similar drives in Balotra on 19
th
September, 2025-25 September, 2025
resulted in the closure of 5 non-compliant units.
Additionally, 17 bypass lines discharging
19
wastewater into stormwater drains in RIICO
industrial area, Jodhpur, were removed, and
9 illegal units in Shobhavaton ki Dhani and
Salawas were demolished, with machinery
sealed in one unit. Joint teams have closed
down 77 illegally operating units in Balotra
th th
on 15 -16 September, 2025. Efforts were
also initiated to clear waterlogging in
villages Doli, Araba, and Kalyanpur in Balotra
district, and regular inspections are being
conducted in Jodhpur, Pali, and Balotra to
identify and act against defaulters.
• A review meeting chaired by the Additional Chief
Secretary, Department of Environment &
Climate Change, Government of Rajasthan, was
th
held on 28 August, 2025, to address
waterlogging in villages Doli, Araba, and
Kalyanpur and prevent discharge of
20
domestic/industrial wastewater into the Jojari
River. Key decisions taken during the said
meeting are as follows: -
a. RIICO providing details of industries
operating in Jodhpur;
b. RIICO to explore the feasibility of
establishing CETPs in RIICO industrial
areas;
c. RIICO and RUIDP to complete re-
tendering work of laying textile conduit by
th
30 September, 2025;
d. Mandating the use of treated CETP water
by industries;
e. Expediting the establishment of CETP of
suitable capacity at Salawas after
assessing present technical and capacity
requirements;
21
f. Local Self Government Department to
prepare a plan for discharge of treated
sewage of STP, Salawas in river Luni;
g. RIICO and Local Self Government
Department to initiate efforts for
controlling the discharge of untreated city
sewage in the river through open drains
and to divert untreated city sewage to
STPs; and
h. Rajasthan State Pollution Control Board
(RSPCB) to continue with its action
against unauthorized industries
discharging untreated wastewater in river
Jojari.
rd
• On 3 November, 2025, RSPCB issued letters to
BITS Pilani, MNIT Jaipur, and IIT Jodhpur to
conduct performance audits of CETPs in
Jodhpur. The audit aims to assess performance
22
efficiency, compliance with discharge
standards, adequacy of treatment units, and
operational gaps. Institutions are required to
submit proposals and conduct audits within 4-
6 weeks.
th
• On 6 November, 2025, RSPCB issued letters to
MNIT Jaipur, IIT Jodhpur, and MBM
Engineering College, Jodhpur to prepare short-
term and long-term action plans for pollution
control in rivers Jojari, Luni, and Bandi. Short-
term actions include rotational closure plans,
completion of conduit lines, installation of
analysers and flow meters, SCADA upgrades,
and regular inspections. Long-term actions
include upgrading CETPs to Zero Liquid
Discharge (ZLD), constructing additional CETPs
and STPs, and implementing sustainable water
reuse and monitoring systems.
23
• RSPCB directed CETP Trust to submit a
rotational closure/roster plan to regulate
effluent discharge within the capacity of the
conduit pipeline. Progress on laying new
conduit pipelines is being reviewed, with
st
completion expected by 31 March, 2026.
Additionally, a Special Task Force (STF) will be
constituted within seven days to oversee the
execution of current and future plans.
• Current Status of STPs and CETPs:
a. Jodhpur: Estimated sewage generation is
230 Million Litres per Day (MLD), with
existing facilities including 2 STPs and 1
oxidation pond (total capacity: 120 MLD).
Three STPs with a capacity of 65 MLD are
under construction, and two STPs with a
capacity of 15 MLD are proposed. Treated
24
and untreated sewage is discharged
into River Jojari.
b. Pali: Estimated sewage generation is 32
MLD, with two STPs (total capacity: 22.5
MLD) and a sewage treatment gap of 10
MLD. Treated and untreated sewage is
discharged into River Bandi.
c. Balotra: Estimated sewage generation is
12.5 MLD, with one STP (9 MLD capacity).
Treated and untreated sewage is
discharged into River Luni.
d. CETPs: Jodhpur has 81 steel units and
306 textile units with separate CETPs
having capacity of 1.5 MLD and 18.5 MLD
respectively but the same are operating
below capacity, i.e., at 0.60-0.65 MLD and
10-11 MLD respectively. Pali has 497
textile units and two CETPs having
25
capacity of 12 MLD each but operating at
only 5-6 MLD, while Balotra has 955
textile units and three CETPs (total
capacity: 54.5 MLD) operating at the
capacity of 19 MLD, way below its
capacity.
• Expert institutions (MNIT Jaipur, IIT Jodhpur,
and MBM Engineering College Jodhpur) have
been tasked with formulating a comprehensive
plan for river rejuvenation, industrial effluent
management, sewage treatment, and ecosystem
restoration. Preliminary frameworks are to be
submitted within the prescribed time, with final
plans presented to be placed before this Court
within 6-8 weeks.
26
IV. Assessment of the State’s Submissions
and Identified Deficiencies
8. We are pained to observe that these remedial
measures have been triggered by the suo moto
th
cognizance taken by this Court vide order dated 16
September, 2025, whereas the State should have
acted spontaneously years ago, for ensuring around
the clock compliances which is the constitutional
obligation of the State Government and the
concerned authorities. While the status report
reflects that the State of Rajasthan has, woken up
from its slumber subsequent to this Court’s suo moto
cognizance, and has undertaken several measures,
including closure of non-compliant/illegal industrial
units, removal of bypass lines, demolition of
unauthorised establishments, initiation of
inspections, convening of high-level meetings,
commissioning of expert institutions, and proposals
27
for infrastructural augmentation, but at the same
time, it is evident that these steps have been taken
only as a sequel to this Court’s intervention. While
these measures are not insignificant, their timing is
deeply telling. The long-standing environmental
devastation afflicting the river system and the
adjoining areas as a result of decades of continuous,
unchecked discharge of industrial effluent and
municipal sewage, suggests that sustained
regulatory vigilance and timely administrative action
were lacking in the preceding years. The belated
flurry of administrative activity, triggered solely by
fortuitous judicial intervention, underscores a
prolonged period of regulatory apathy and
institutional neglect. The efforts now set in motion,
though welcome, must therefore be viewed as the
beginning of a process that requires continued
28
commitment and not as an adequate response in
themselves.
9. Furthermore, the status report itself discloses
that the installed capacities of the Sewage Treatment
Plants and Common Effluent Treatment Plants
operating in Jodhpur, Pali and Balotra are grossly
inadequate when compared with the volume of
sewage and industrial effluents generated on a daily
basis, resulting in the inevitable overflow and
discharge of untreated or partially treated sewage
and effluents into the river system. This mismatch
between generation and treatment capacity,
persisting for years, is emblematic of a systemic
failure to create and maintain environmental
mitigation infrastructure commensurate with
industrial expansion. The acknowledged deficiencies
in capacity, utilisation, maintenance and monitoring
only underscore the inadequacy of the current
29
regulatory and supervisory framework and the urgent
necessity of a comprehensive, coordinated and
scientifically informed intervention. In view of these
admitted shortcomings, this Court is of the
considered opinion that the existing infrastructure as
well as the statutory and regulatory framework falls
far short of what is required to arrest continuing
ecological degradation and to safeguard the
fundamental rights of the affected population.
V. Constitutional Framework: Right to Life
and Right to a Healthy Environment
10. In assessing the State’s response to the grave
ecological degradation afflicting the river system and
the adjoining areas, this Court is constrained to
reflect on the deeper constitutional and
jurisprudential principles that govern the
relationship between the State, the environment, and
the citizen. Environmental harm of the present
30
magnitude is not merely a regulatory lapse or
administrative shortcoming; it is in gross dereliction
of the constitutional promise that the State shall
secure conditions of life with dignity, safety and well-
being. Polluted rivers, contaminated groundwater,
and the resulting impairment of health and livelihood
dilute the very substance of the right to life as
enshrined under Article 21 of the Constitution of
India, reducing it from a living guarantee into a fragile
abstraction. Where environmental injury persists
despite statutory frameworks and institutional
mechanisms, it becomes necessary to re-anchor the
inquiry in the foundational doctrines that this Court
has painstakingly developed over several decades. It
is in this backdrop that the principles articulated in
this Court’s earlier decisions must again be revisited
to guide the present exercise.
31
11. This Court, in Subhash Kumar v. State of
2
Bihar , has held that the right to life under Article 21
necessarily embraces the right to live in a pollution-
free environment. The Court observed that a citizen
is entitled to invoke Article 32 when environmental
degradation threatens the quality of life. This
articulation has since remained a foundational
principle of environmental jurisprudence in India.
Relevant extract of the said judgment is reproduced
hereinbelow: -
“7. Article 32 is designed for the enforcement of
Fundamental Rights of a citizen by the Apex Court.
It provides for an extraordinary procedure to
safeguard the Fundamental Rights of a citizen.
Right to live is a fundamental right under Art 21
of the Constitution and it includes the right of
enjoyment of pollution free water and air for full
enjoyment of life. If anything endangers or
impairs that quality of life in derogation of laws,
a citizen has right to have recourse to Art. 32 of
the Constitution for removing the pollution of
water or air which may be detrimental to the
quality of life. …..”
[Emphasis supplied]
2
(1991) 1 SCC 598.
32
12. A similar exposition was made by this Court in
3
Virender Gaur v. State of Haryana , wherein this
Court recognised the right to a clean and hygienic
environment as an indispensable facet of the right to
life. The Court further emphasised the constitutional
imperative upon State Governments and municipal
bodies to safeguard, protect and improve both the
natural and man-made environment. In a
comprehensive articulation of the State’s
constitutional duties, this Court held:
“7. … The State, in particular has duty in that
behalf and to shed its extravagant unbridled
sovereign power and to forge in its policy to
maintain ecological balance and hygienic
environment. Article 21 protects right to life as
a fundamental right. Enjoyment of life and its
attainment including their right to life with
human dignity encompasses within its ambit,
the protection and preservation of environment,
ecological balance free from pollution of air and
water, sanitation without which life cannot be
enjoyed. Any contra acts or actions would cause
environmental pollution. Environmental,
ecological, air, water, pollution, etc. should be
regarded as amounting to violation of Article 21.
Therefore, hygienic environment is an integral
3
(1995) 2 SCC 577.
33
facet of right to healthy life and it would be
impossible to live with human dignity without a
humane and healthy environment. Environmental
protection, therefore, has now become a matter of
grave concern for human existence. Promoting
environmental protection implies maintenance of
the environment as a whole comprising the man-
made and the natural environment. Therefore,
there is a constitutional imperative on the State
Government and the municipalities, not only to
ensure and safeguard proper environment but
also an imperative duty to take adequate
measures to promote, protect and improve both
the man-made and the natural environment. ”
[Emphasis supplied]
4
13. This Court in M.C. Mehta v. Kamal Nath ,
reiterated that Articles 48A and 51A(g) of the
Constitution of India are not abstract constitutional
exhortations but must be read harmoniously with
Article 21. The Court held that any disturbance of the
basic environmental elements that are indispensable
to life, such as air, water and soil, strikes at the heart
of the right to life itself. Relevant extract of the said
judgment is reproduced hereinbelow: -
“8. Apart from the above statutes and the rules made
thereunder, Article 48-A of the Constitution provides
that the State shall endeavour to protect and
4
(2000) 6 SCC 213.
34
improve the environment and to safeguard the
forests and wildlife of the country. One of the
fundamental duties of every citizen as set out in
Article 51-A(g) is to protect and improve the natural
environment, including forests, lakes, rivers and
wildlife and to have compassion for living creatures.
These two articles have to be considered in the light
of Article 21 of the Constitution which provides that
no person shall be deprived of his life and liberty
except in accordance with the procedure established
by law. Any disturbance of the basic environment
elements, namely air, water and soil, which are
necessary for “life”, would be hazardous to “life”
within the meaning of Article 21 of the
Constitution .”
[Emphasis supplied]
14. This Court again, in A.P. Pollution Control
5
Board II v. Prof. M.V. Nayudu , affirmed that the
right to a healthy environment forms an integral part
of the right to life. The Court recognised
environmental rights as part of evolving “third
generation” rights, observing that:
“7. Our Supreme Court was one of the first Courts
to develop the concept of right to ‘healthy
environment’ as part of the right to "life" under
Article 21 of our Constitution. [See Bandhua Mukti
Morcha v. Union of India (1984 (3) SCC 161)]. This
principle has now been adopted in various countries
today.
8. In today’s emerging jurisprudence,
environmental rights which encompass a group
5
(2001) 2 SCC 62.
35
of collective rights are described as “third
generation” rights. The “first generation” rights are
generally political rights such as those found in the
International Convention on Civil & Political Rights
while "second generation" rights are social and
economic rights as found in the International
Covenant on Economic, Social and Cultural Rights.
"Right to Healthy Environment". (See Vol.25) 2000
Columbia Journal of Environmental Law by John
Lee P.283, at pp.293-294 fn.29).”
[Emphasis supplied]
15. Taken together, the principles emerging from
the foregoing judgments establish beyond doubt that
environmental protection is not a matter of
administrative choice but a constitutional
imperative. This Court has consistently affirmed that
the right to life under Article 21 includes the right to
a clean, healthy and ecologically balanced
environment; that Articles 47 and 48A impose a
substantive obligation upon the State to safeguard
public health and protect the environment; and that
Article 51A(g) casts a corresponding duty upon every
citizen to preserve and improve the natural
environment. The jurisprudence of this Court
36
articulates a coherent doctrinal framework in which
environmental rights are recognised as integral to
human dignity and sustainable development. These
decisions, read together, leave no room for ambiguity:
where environmental degradation threatens life,
health and ecological balance, the State must act
with urgency, competence and foresight, and
constitutional courts are duty-bound to intervene
when such obligations are not met. It is in the light
of the aforesaid well-established constitutional
jurisprudence that this Court must now turn to the
persistent and grave contamination of the river
system and the adjoining areas of the State of
Rajasthan, assess the adequacy of the measures
undertaken by the State, and determine the scope of
remedial directions necessary to vindicate the
constitutional rights of the affected communities and
37
restore the environmental integrity of the entire
region.
VI. Environmental Degradation of the river
system: Findings and Impact
16. The material placed before this Court leaves no
doubt that the contamination of the rivers system has
caused profound and multi-dimensional harm to the
people, ecology and economy of the region. What were
once seasonal rivers sustaining agriculture, wildlife
and village life have, over the years, turned into
conduits for untreated industrial effluents and
municipal sewage. The pollution has permeated soil
and groundwater, rendering agricultural lands
unproductive, polluting wells and handpumps, and
depriving entire communities of access to safe
drinking water. Livestock, on which thousands of
families depend, has suffered extensive morbidity
and mortality. The disappearance of local fauna and
38
the degradation of riverine ecology bear testimony to
the scale of environmental injury. These harms are
not speculative or remote; they are immediate,
continuing and borne daily by residents whose
health, livelihoods and dignity have been
compromised for nearly two decades.
17. What exacerbates this crisis is the prolonged
period of administrative indifference during which
pollutants including untreated industrial effluents
and municipal sewage continued to be discharged
unabated, despite repeated warnings, judicial
directives and scientific reports. The Justice P.C.
Tatia Committee, constituted earlier in the course of
proceedings before the National Green Tribunal, had
laid bare the regulatory deficiencies, the systemic
non-compliance by CETPs, and the persistent
discharge of untreated waste into river channels
continues. The salutary remedial recommendations
39
of the Committee did not translate into effective
action on the ground. Successive inspections by
statutory authorities recorded the same deficiencies
year after year, revealing a cycle in which violations
were noted but not rectified.
18. It is our firm opinion that, with due deference to
the stay granted by this Court, the State Government
could have continued with the process of checking
the flow of untreated effluents into the river system.
If at all there was any genuine grievance of RIICO or
the concerned authorities, they should have made an
effort to seek modification or clarification of the order.
However, utter apathy prevailed, and the stay
granted by this Court was used as an excuse to sit
idle and allow the devastation to continue unabated.
It is only after this Court initiated suo moto
proceedings in September, 2025 that the State
machinery has woken up and claims to have initiated
40
some enforcement measures. The protracted inaction
that preceded these steps has allowed the pollution
to deepen and spread, thereby aggravating the harm
to millions of citizens. We find that the efforts so
initiated touch only the tip of the iceberg.
19. In the face of such entrenched environmental
degradation, delay is not merely undesirable; it is
carcinogenic and catastrophic. The river system in its
present state continues to threaten public health,
undermine agricultural sustenance, and
contaminate natural resources that form the
backbone of ecology and life in the region.
Environmental injury of this magnitude cannot be
reversed by knee jerk reactions, incremental
compliances or symbolic enforcement. It requires a
coordinated and scientifically informed response
grounded in the precautionary principle, sustainable
development and the inter-generational equity
41
doctrine, i.e., the principles which have consistently
guided this Court’s environmental jurisprudence.
Immediate action is not only warranted but
constitutionally mandated, as each passing day
without effective intervention risks further
irreparable harm to the environment and to the
people whose lives are intertwined with it.
VII. Modification/Clarification of Interim Stay
on the National Green Tribunal’s Order:
Legal and Environmental Necessity
20. It is in this context that the continuance of the
interim stay on the National Green Tribunal’s final
th
order dated 25 February, 2022 becomes untenable.
The National Green Tribunal’s order was passed after
an extensive fact-finding exercise and in furtherance
of the detailed recommendations of the Justice P.C.
Tatia Committee, which had identified the precise
regulatory failures and technical shortcomings
42
requiring redress. The stay on the National Green
Tribunal’s directions has, in effect, has been
misinterpreted to freeze the implementation of the
remedial framework designed to arrest ongoing
pollution and rehabilitate the river system. The
setback of several years during which the effluents
continued to pollute the environment may well be
irreversible. Allowing the stay to persist would defeat
the very purpose of the statutory mechanism under
the National Green Tribunal Act, 2010; the Water
(Prevention and Control of Pollution) Act, 1974 and
would undermine the detailed fact-finding efforts,
and perpetuate the illegality that has caused
widespread harm. In these circumstances,
modification/clarification of order granting stay is
not only called for but also imminently essential to
facilitate implementation of the remedial measures
already devised and to ensure that the constitutional
43
rights of the affected population are protected
without further delay.
21. Furthermore, the learned Additional Advocate
General appearing for the State of Rajasthan has
fairly submitted that RIICO and the other concerned
authorities/Corporations have no objection to the
vacation of the interim stay, provided that the stay
continues to operate in respect of the remarks made
against them and the direction imposing
environmental compensation. Accordingly, the stay
operating on the National Green Tribunal’s final order
th
dated 25 February, 2022 is modified and clarified
insofar as it tends to restrain the implementation of
the substantive remedial and regulatory directions
issued by the Tribunal. However, the interim stay
shall continue to operate only in respect of the
remarks made against RIICO and the other
authorities/Corporations, and in respect of the
44
direction imposing environmental compensation of
Rs. 2 Crores upon them. These issues shall remain
under consideration and will be examined at an
appropriate stage, having due regard to the future
actions, conduct and compliance demonstrated by
the said authorities/Corporations.
VIII. Constitution of the High-Level Ecosystem
Oversight Committee
22. With the stay on the National Green Tribunal’s
final order now modified and clarified and the
remedial framework envisaged therein revived for
implementation, it becomes necessary to ensure that
such measures are carried out in a coherent,
sustained and scientifically supervised manner.
Hence, in view of the long-standing environmental
degradation, the prolonged administrative inaction
and the urgent need for a coordinated, scientifically
informed and accountable institutional mechanism
45
enabling this Court to oversee the restoration of the
river system, it is our considered opinion that a
dedicated fact-finding, monitoring and
implementation body must now be constituted.
Accordingly, to detect the fundamental maladies in
the system, to supervise the remedial measures
required to arrest further pollution and to give long
term suggestions for reversal of the damage already
caused, we deem it appropriate to constitute a High-
Level Ecosystem Oversight Committee , consisting
of the following: -
• Hon’ble Mr. Justice Sangeet Lodha , Hon’ble
(Retd.) Judge of High Court of Judicature for
Rajasthan as Chairperson;
• Shri Pankaj Sharma , Advocate, High Court of
Judicature for Rajasthan to assist the
Chairperson ;
46
• Technical Expert of repute in the fields of water
management, pollution control and/or
environmental engineering to be identified and
appointed by the Chairperson;
• Additional Chief Secretary, Department of
Environment & Climate Change, Government of
Rajasthan;
• Joint Secretary, Urban Development and
Housing Department, Government of
Rajasthan;
• Joint Secretary, Local Self Government
Department, Government of Rajasthan;
• Member Secretary, Central Pollution Control
Board or his/her nominee;
• Member Secretary, Rajasthan State Pollution
Control Board (RSPCB) or his/her nominee;
47
• Managing Director, Rajasthan State Industrial
Development and Investment Corporation Ltd.
(RIICO);
•
Director, Rajasthan Urban Infrastructure
Development Project (RUIDP); and
• District Collector of Jodhpur, Pali and Balotra.
The constitution of this Committee is necessitated by
the scale of the harm, the complexity of the remedial
actions required, and the imperative of ensuring
sustained institutional oversight so that the
directions of the National Green Tribunal, as well as
those of this Court, are implemented in both letter
and spirit.
IX. Terms of Reference and Powers of the
High-Level Ecosystem Oversight
Committee
23. In formulating the mandate of the Committee,
this Court has taken note of the status report filed by
48
the State of Rajasthan, which discloses that several
premier educational institutions, such as IIT
Jodhpur, MNIT Jaipur and MBM Engineering
College, Jodhpur, have been engaged to prepare
short-term and long-term action plans for river
rejuvenation, industrial effluent management,
sewage treatment and ecological restoration. In order
to avoid duplication of efforts and to ensure that the
scientific and technical recommendations generated
by these institutions translate into effective and
actionable outcomes, it is directed that all such
short-term and long-term plans, proposals, feasibility
assessments and technical frameworks shall be
submitted directly to the High-Level Ecosystem
Oversight Committee, which shall examine their
practicality, financial viability and environmental
efficacy. The Committee shall thereafter formulate
implementation strategies, set timelines and
49
supervise the execution of all measures
recommended therein.
24. The High-Level Ecosystem Oversight Committee
shall operate with the following broad Terms of
Reference: -
A. The Committee shall oversee and ensure full,
faithful and time-bound implementation of the
directions contained in the National Green
th
Tribunal’s final order dated 25 February,
2022, including those issued based on the
recommendations of the Justice P.C. Tatia
Committee.
B. The Committee shall prepare a scientifically
grounded, time-bound River Restoration and
Rejuvenation Blueprint for the river system that
includes Rivers Jojari, Luni and Bandi and
formulate a comprehensive plan for its
execution in coordination with the State
50
Government and concerned
authorities/agencies. This plan shall
incorporate scientific, technical and
administrative measures for remediation of
contaminated topsoil, rejuvenation of
groundwater aquifers, restoration of river
ecology, revival of flora and fauna, prevention of
future contamination, and long-term
environmental monitoring.
C. In order to accurately map the sources of
pollution, the Committee may conduct a
comprehensive on ground survey of every
discharge point, pipeline, drain, channel or
outlet that leads into the Jojari, Bandi or Luni
rivers or any of their tributaries. The Committee
shall identify all legal and illegal discharge
points, determine the nature of effluents
released through each of them, and ascertain
51
whether such discharges comply with statutory
standards. The Committee shall also verify that
all member units connected to CETPs have
installed and are continuously operating
Supervisory Control and Data Acquisition
(SCADA) meters equipped with automatic cut-
off mechanisms, and that the data generated by
these meters is being regularly monitored by the
Rajasthan State Pollution Control Board
(RSPCB) and the CETP Trusts. It shall further
ensure that treated effluents from CETPs are
not mixed with untreated sewage or stormwater
at any stage and that municipal bodies take
necessary steps to prevent any such mixing.
The Committee shall place before this Court a
detailed report of its findings and the
recommendations regarding the remedial
52
measures required to be undertaken in this
regard.
D. The Committee may, with the assistance of
suitable expert bodies, examine the feasibility of
making all existing SCADA meters fully online
and integrated into a common monitoring
dashboard to enable effective and continuous
oversight and real time data monitoring of
discharge of industrial effluents. The Committee
shall also assess the feasibility of installing
SCADA meters, or any other compatible
monitoring devices, at all Sewage Treatment
Plants (STPs) so that the quantity and quality of
effluent discharged from such plants can be
monitored on a real-time basis. The Committee
shall place its recommendations on these
aspects before this Court.
53
E. The Committee may schedule and conduct
audits including surprise checks of the CETPs,
STPs, oxidation ponds, drainage systems,
Supervisory Control and Data Acquisition
(SCADA) units and industrial primary treatment
plants at appropriate intervals. The Committee
shall specify compliance benchmarks and
ensure that non-compliance is addressed
promptly.
F. The performance audits of Common Effluents
Treatment Plants (CETPs) and Sewage
Treatment Plants (STPs) undertaken by
educational institutions engaged by the State of
Rajasthan shall be submitted to the Committee,
which shall examine the findings, direct
remedial measures and ensure that deficiencies
identified in the audits are rectified without
delay.
54
G. All action plans, technical reports, feasibility
studies and remedial proposals prepared by IIT
Jodhpur, MNIT Jaipur, MBM Engineering
College, BITS Pilani or any other institution
engaged by the State shall be placed before the
Committee. The Committee shall evaluate the
scientific soundness, feasibility and
environmental efficacy of each recommendation
and give its suggestions on their
implementation.
H. The Committee shall assess the existing
treatment capacity vis-à-vis actual industrial
and municipal discharge and prepare a time-
bound infrastructural augmentation plan. This
may include, wherever necessary, the
installation of new CETPs or STPs,
enhancement of existing capacity, creation of
additional conveyance pipelines, adoption of
55
Zero Liquid Discharge (ZLD) technologies, and
establishment of integrated waste management
systems.
I.
The Committee shall identify officials,
authorities or industries/industrial units
responsible for non-compliance or dereliction of
their obligations. Upon identification of such
individuals and/or industries/industrial units,
the Committee shall recommend appropriate
disciplinary action, prosecution under
applicable statutes, and/or recovery of
environmental compensation, as the facts may
justify. It shall ensure that the principle of
“Polluter Pays” is applied effectively and that no
violator is permitted to escape liability.
J. The Committee shall ensure that RSPCB
publishes quarterly water quality data and that
periodic engagement is undertaken with
56
affected Gram Panchayats and local
communities to integrate ground-level feedback
into enforcement mechanisms. It shall prepare
recommendations based on local grievances,
field observations and stakeholder inputs to
ensure that remedial measures address the
lived realities of affected populations.
K. The Committee shall have full authority to call
for records, issue directions to State and local
bodies, seek technical assistance from national
institutions including but not limited to
National Environmental Engineering Research
Institute (CISR-NEERI) and ensure strict
implementation of all environmental
safeguards.
L. The Committee shall also be at liberty to
examine and address all such matters as may
be incidental, ancillary or consequential to the
57
aforesaid Terms of Reference. This shall include
any issue which, in the considered view of the
Committee, bears a nexus with the prevention
of pollution, restoration of the river ecosystem,
augmentation of treatment infrastructure, or
enforcement of environmental norms. The
Committee shall have full authority to take such
steps as are reasonably necessary to secure the
objectives of the directions issued by this Court
and to ensure that the environmental and
constitutional rights of the affected
communities are effectively safeguarded.
X. Administrative and Logistical
Arrangements for the Committee
25. The Committee shall be provided with all
necessary secretarial, technical and administrative
support to ensure the effective discharge of its
mandate. For this purpose, at the initial stage, the
58
State of Rajasthan shall make available services of
one Rajasthan Administrative Services (RAS) Officer
to act as Registrar and the Nodal Officer of the
Committee, one Personal Assistant (PA), one Lower
Division Clerk, one Law Clerk and two Class IV
employees to be assigned at the discretion of the
Hon’ble Chairperson. The Committee may conduct its
proceedings at Jodhpur or at any other location
deemed appropriate by the Chairperson, and the
State Government shall ensure that suitable
arrangements for its sittings are made forthwith. The
Committee shall be free to evolve its own modalities
and procedure for the conduct of its business. The
State Government shall provide a fully furnished and
well-equipped office space, preferably within the
Circuit House, Jodhpur, or at any other location
specified by the Chairperson and the same shall be
equipped with video-conferencing facilities and such
59
additional infrastructure as may be required. All
logistical arrangements necessary for the functioning
th
of the Committee shall be completed on or before 9
December, 2025.
26. The State Government shall bear all financial
and logistical requirements of the Committee,
including the payment of honorarium and
operational expenses. The Chairperson shall be
entitled to an honorarium of Rs. 5,00,000/- (Rupees
Five Lakhs Only) per month, and the lawyer assisting
the Committee shall be paid honorarium of
Rs.1,00,000/- (Rupees One Lakh Only) per month.
The Chairperson shall also be entitled to travel
allowances equivalent to those admissible to a sitting
Judge of the High Court for the purposes of
Committee meetings and site visits. The lawyer
assisting the Committee shall be paid travelling
allowance of Rs.10,000/- per visit (for inspection).
60
The State Government and the police administration
shall provide full security to the Chairperson
throughout the duration of the Committee’s
mandate, including during field inspections.
Adequate security measures shall also be put in place
for the field visits of the Committee. Expenditure
incurred towards the functioning of the Committee
including the payment of honorarium, professional
expenses, operational expenses and any other
ancillary expenses shall be recoverable from the
concerned erring officials or departments, and from
the industries or industrial units found to be
responsible for violations leading to pollution of the
river system.
XI. Operative Directions
27. The directions that follow are a concise
distillation of the conclusions reached in the
61
foregoing sections of this order. They are being issued
to give concrete effect to the principles, findings, and
obligations already discussed, and to ensure that the
necessary corrective measures are implemented
without delay.
A. The interim stay previously operating on the
th
National Green Tribunal’s final order dated 25
February, 2022 shall stand modified, clarified
and lifted, save and except in respect of (i) the
remarks made against RIICO and other
authorities/Corporations, and (ii) the direction
imposing environmental compensation of Rs. 2
Crores upon them.
B. The substantive remedial, regulatory and
preventive directions contained in the National
th
Green Tribunal’s order dated 25 February,
2022 shall now be implemented in full, without
impediment.
62
C. The High-Level Ecosystem Oversight Committee
constituted as stated hereinabove shall
commence its functioning at the earliest.
D.
The Committee shall prepare a comprehensive,
time-bound River Restoration and Rejuvenation
Blueprint for the entire river system that
includes Rivers Jojari, Luni and Bandi and
ensure its phased implementation.
E. The Committee shall undertake a
comprehensive mapping of all legal and illegal
discharge points into the Jojari, Bandi and Luni
rivers and shall place before this Court its
recommendations and findings in that regard by
way of interim reports/detailed final reports.
F. The Committee shall conduct recurring audits
of all treatment and monitoring infrastructure
at intervals not exceeding three months and
shall provide recommendations specifying
63
compliance benchmarks and remedial
measures required. The concerned authorities
shall ensure strict adherence to such
recommendations.
G. All plans, audits, technical assessments, short-
term and long-term strategies prepared by IIT
Jodhpur, MNIT Jaipur, MBM Engineering
College Jodhpur, BITS Pilani, or any other
institution engaged by the State of Rajasthan,
shall be submitted directly to the High-Level
Ecosystem Oversight Committee.
H. All performance audits of CETPs, STPs,
oxidation ponds, conveyance pipelines, and
industrial primary treatment facilities shall be
submitted before the Committee. The concerned
authorities shall implement the directions
issued by the Committee on the basis of such
audits without delay.
64
I. All State authorities, including RIICO, RSPCB,
municipal bodies, local bodies, and district
administrations as well as the industrial units
individually and the industrial associations,
shall extend full cooperation and support to the
Committee. Any failure to do so shall invite
action, including personal accountability before
this Court.
J. The High-Level Ecosystem Oversight Committee
shall submit its first status report to this Court
within eight weeks from today and thereafter
every eight weeks until further orders.
28. The directions issued hereinabove are not
merely administrative but arise from the
constitutional duty of this Court to safeguard the
fundamental right to life under Article 21 of the
Constitution of India, which has been consistently
interpreted to include the right to clean water,
65
unpolluted air, a healthy environment and conditions
conducive to human dignity. The continuing
contamination of the river system and the adjoining
areas, poses a direct and serious threat to these
constitutionally protected rights of millions of
residents in the region. It is therefore imperative that
the remedial framework devised by the National
Green Tribunal, strengthened by the oversight
mechanism established through this judgment, is
implemented with urgency, fidelity and resolve. The
State and all concerned authorities shall act with the
seriousness that the constitutional guarantee of life
and health demands, ensuring that the
environmental integrity of the region is restored and
protected for present and future generations.
29. The learned Additional Advocate General for the
State of Rajasthan shall communicate the copy of
this order to all the concerned
66
authorities/Corporations. The Registry shall also
communicate the copy of this order to the Hon’ble Mr.
Justice Sangeet Lodha, Hon’ble (Retd.) Judge of High
Court of Judicature for Rajasthan on his email
address: j.sangeetlodha@gmail.com .
th
30. List on 27 February, 2026 for receiving the
first status report of the High-Level Oversight
Committee.
….……………………J.
(VIKRAM NATH)
...…………………….J.
(SANDEEP MEHTA)
NEW DELHI;
NOVEMBER 21, 2025.
67
REPORTABLE
IN THE SUPREME COURT OF INDIA
INHERENT/CIVIL APPELLATE JURISDICTION
SUO MOTO WRIT PETITION (CIVIL) NO(S). 8 OF 2025
IN RE: 2 MILLION LIVES AT RISK,
CONTAMINATION IN JOJARI RIVER,
RAJASTHAN
WITH
CIVIL APPEAL NO(S). 5517-5519 OF 2022
CIVIL APPEAL NO(S). 8748 OF 2022
CIVIL APPEAL NO(S). 9057-9058 OF 2022
CIVIL APPEAL NO(S). 9010-9011 OF 2022
O R D E R
Mehta, J.
Table of Contents
I. Introduction ............................................................ 2
II. Overview of the Suo Moto Proceedings and the
Orders passed by this Court .......................................... 4
III. Status Report Filed by the State of Rajasthan .... 16
Signature Not Verified
IV. Assessment of the State’s Submissions and
Identified Deficiencies ................................................. 27
Digitally signed by
NEETU KHAJURIA
Date: 2025.11.21
17:59:57 IST
Reason:
1
V. Constitutional Framework: Right to Life and Right
to a Healthy Environment ........................................... 30
VI. Environmental Degradation of the river system:
Findings and Impact ................................................... 38
VII. Modification/Clarification of Interim Stay on the
National Green Tribunal’s Order: Legal and
Environmental Necessity ............................................. 42
VIII. Constitution of the High-Level Ecosystem
Oversight Committee ................................................... 45
IX. Terms of Reference and Powers of the High-Level
Ecosystem Oversight Committee .................................. 48
X. Administrative and Logistical Arrangements for
the Committee ............................................................. 58
XI. Operative Directions ........................................... 61
I. Introduction
1. 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
2
through Balotra with the latter two being hubs of
dyeing printing industry. Rivers ‘Bandi’ and ‘Jojari’
1
merge into river ‘Luni’ somewhere near Balotra city.
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
1
Hereinafter referred to as the ‘river system’.
3
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.
II. Overview of the Suo Moto Proceedings
and the Orders passed by this Court
4. It is in this backdrop that this Court, by order
th
dated 16 September, 2025, took suo moto
cognizance of a news documentary highlighting the
grave environmental catastrophe in the Jojari River
region. The documentary titled “2 Million Lives at
Risk | India’s Deadliest River | Marudhara |
4
Jojari | Rajasthan” exposed alarming levels of
industrial pollution, governance failures, and severe
public health consequences affecting nearly two
million residents across several districts of
Rajasthan. The said order recorded the factual
background, recognised the gravity of the
environmental disaster, and sought response from
the State of Rajasthan.
5. Thereafter, when the matter came up for
th
hearing on 9 October, 2025, this Court broadened
the horizon and considered the same issue of
pollution in rivers Bandi and Luni in addition to
Jojari. The Court noted multiple earlier proceedings
before the High Court of Judicature for Rajasthan
and the National Green Tribunal, Principal Bench,
New Delhi culminating in detailed monitoring
committee reports and comprehensive directions
issued by the National Green Tribunal vide final order
5
th
dated 25 February, 2022. This Court further took
note of the fact that several statutory appeals arising
out of the said order of the National Green Tribunal,
namely, Civil Appeal Nos. 5517-5519 of 2022; 8748
of 2022; 9057-9058 of 2022; and 9010-9011 of 2022,
were pending before this Court which involved issues
intrinsically connected with those being taken up in
th
the present suo moto writ petition. In order dated 9
October, 2025, this Court observed that considering
the commonalities of issues required to be dealt with,
in the suo moto writ petition and the pending appeals,
it would be expedient in the interest of justice, to
direct that these pending appeals be tagged and
heard together with the suo moto writ petition, while
directing that Civil Appeal No. 2901 of 2022 be de-
tagged as the issues therein were different.
Accordingly, the Registry was directed to place the
papers before Hon’ble the Chief Justice of India to
6
seek a direction for analogous hearing of all the above
referred matters with the suo moto writ petition. For
ready reference, the said order is extracted
hereinbelow: -
“ 1. This suo moto writ petition was registered
th
pursuant to this Court’s order dated 16 September,
2025. By the said order, this Court took suo moto
cognizance of a documentary named “2 Million
Lives at Risk| India’s Deadliest River |
Marudhara | Jojari | Rajasthan” uploaded on the
th
YouTube by a channel named “News Pinch” on 12
September, 2025.
2. We have holistically examined the materials
provided to us and have also researched for the
orders which may have been passed in relation to the
same issue. We have found that for the very same
environmental issue, numerous writ petitions were
filed in the High Court of Judicature for Rajasthan,
Principal Seat at Jodhpur, including Civil Writ Petition
Nos. 2844 of 2011 and 9503 of 2012. These writ
petitions were ultimately transferred to the National
Green Tribunal, Principal Bench, New Delhi where
they were registered as Original Application Nos.
34(THC) of 2014 and 32(THC) of 2014.
3. The Gram Panchayat, Araba filed Original
Application No. 329 of 2015 before the National Green
Tribunal, Principal Bench, New Delhi in respect of
pollution in Jojari river which is the subject matter of
the suo moto writ petition.
4. We may note that as per the topography of the
area concerned, there are three rivers involved in this
environmental disaster. River Luni originates in the
Aravali range at Ajmer and flows through districts
Pali, Jodhpur, Barmer and then dissipates into the
Rann of Kutch. River Bandi is a tributary to river Luni
and runs through districts Pali, Jodhpur and Barmer
7
and ultimately joins river Luni. River Jojari flows
within the boundaries of district Jodhpur.
5. The Principal Bench of National Green
Tribunal, New Delhi, in order to resolve the serious
issues of pollution in these rivers constituted a Special
Task Force in an endeavour to control the industrial
pollution created by the textile and steel industries in
Jodhpur and the textile industries of Balotra and Pali
districts, which are adjoining the Jodhpur District.
rd
6. Vide orders dated 23 November, 2020 and
th
7 December, 2020, the Special Task Force was
abolished, and 3 separate monitoring committees
were created to monitor the pollution created by the
industries running in Jodhpur, Pali and Balotra
districts. Justice Prakash Chandra Tatia, (former
Judge of the High Court of Judicature for Rajasthan
and former Chief Justice of High Court of Jharkhand
at Ranchi) was appointed as the Chairperson of these
three Committees. The monitoring Committees,
identified the following common issues in all the
matters: -
• The effluents generated by the textile industries of
Jodhpur, Pali, Balotra, Jasol, and Bithuja;
• The effluents generated by the steel Industries at
Jodhpur;
• Sewage from Jodhpur, Pali, Balotra;
• Industries are of similar type, i.e., textile
industries exist at all three places along with steel
industries at Jodhpur. Also, CETP, Jodhpur is
common for these industries;
• Industrial and sewage waste, is being discharged
in rivers/tributaries Jojari, Bandi and Luni and
ultimately effluents are being discharged directly
or indirectly into river Luni;
• Affecting three adjacent areas, i.e., Jodhpur, Pali
and Barmer District;
• Common preventive measures for all polluters of
these three districts.
7. The monitoring committees, in its common
th
interim report dated 20 April, 2021, gave the
8
following suggestions for dealing with the pollution
disaster: -
• Relocation of Gandhipura, Balotra industries may
be considered by NGT.
• Underutilised CETPs should be fully utilised
immediately.
• Effluents at factory outlets must stay within
prescribed limits (in terms of both quantity and
quality) and SCADA meters with auto-cut to be
installed in all CETP member units in Jodhpur, Pali
and Balotra to be ensured within next three
months.
• Effluents at CETP outlets must also be maintained
within prescribed limits, with strict checking by
Trusts and Rajasthan State Pollution Control
Board (RPSCB).
• No mixing of CETP treated water with untreated
sewage or storm drains; responsibility lies with
CETP Trust and municipal bodies.
• Municipal bodies should have strict supervision of
all of their respective drains and manholes and
must ensure that no effluents/sewage enter
drains or manholes. Violations to attract action
under Section 133 Code of Criminal Procedure and
before RPSCB.
• If municipal bodies mix sewage/stormwater with
CETP effluents, CETP Trust must complain to
RSPCB for action against erring officer.
• Point Nos. 1-7 shall apply mutatis mutandis to
Sewage Treatment Plants (STPs) and in STPs
where chlorination is not provided, municipal
corporations must install chlorination plants
immediately.
•
SPCB has ultimate responsibility to check all
defaults referred above, regardless of who is
primarily responsible.
• Zero Liquid Discharge Policy (ZLD Policy) applies to
all and all the stakeholders, including municipal
bodies should be asked to furnish written
undertaking by what time they will fully obey this
policy and they be directed not to discharge
9
untreated, chemical or dyes or any effluents mixed
water in any river so as to take other effluents to
hundreds of kilometres.
• Regional Officer, RSPCB must identify all critical
th
discharge points into rivers by 7 May, 2021,
collect samples monthly and at any time via
surprise checks, and shall keep record readily
available for inspections of RSPCB’s higher
authorities. Regional Officer, RSPCB shall produce
monthly inspection reports before this or any
Committee as per direction of NGT. Also, the
respective Regional Officer, RSPCB should develop
a mechanism to upload the test results of the
samples which are collected at these critical points
on regular basis at the RSPCB website without
any delay so that they are available to public. The
monitoring and sharing of test results shall
continue till this direction is modified.
• Regional Officer, RSPCB shall take strict action
against any industry discharging effluents into
public/RIICO drains, rivers, or public places.
• Municipal bodies must submit better sewage
• management plans, uninfluenced by finances.
• Rajasthan Government should take a policy
decision to demarcate separate areas for “non-
polluting industries” and “polluting industries” for
better effluent management.
• Local administration should use Section 133 Code
of Criminal Procedure, 1973 against continuous
public nuisance from effluents in congested areas.
• National Green Tribunal may consider whether
CETP should be treated as an extension of
industry premises since it handles unavoidable
external processing.
• All government departments (Industries
Department, Revenue Department, PHED,
Electricity, SPCB, local bodies, administration)
must discharge their legal duties independently
during all times uninfluenced by the monitoring
done by the Committee; committee only
supplements, not supersedes, their functions.
10
8. The monitoring committees gave its common final
nd
report on 22 July, 2021 stating that its interim
th
report dated 20 April, 2021 shall be read as part
and parcel of the final report. In the said final report,
the following recommendations were given: -
• SPCB and State must increase cadre strength of
SPCB and immediately fill all vacancies.
• Review laws and enforcement, collect data on
resumed agricultural lands, cancelled
leases/Pattas. If such actions were not taken,
State Government may be asked, why authorities
failed in enforcing laws and terms of conditions of
the leases and Khatedari Rights?
• All Regional Officers must report details of illegally
established industries on agricultural land to
Tehsildar, Jodhpur Development
• Authority, Jodhpur Municipal Corporation, and
Municipal Bodies of Pali and Balotra.
• For future, Regional Officers must promptly report
any illegally established industry on agricultural
land to Tehsildar, Jodhpur Development Authority,
Jodhpur Municipal Corporation, and Municipal
Bodies of Pali and Balotra for appropriate legal
action.
• All Tehsildars must register cases against persons
who are illegally using agricultural land for
industries and send case details to Regional
Officer, RSPCB without any delay.
• Tehsildars must provide Regional Officer with a
copy of the final order passed in such cases
immediately.
• In cases where Khatedari rights not cancelled or
land in question has not been resumed, Regional
Officer must send Tehsildar’s order to Member
Secretary, RSPCB, who must examine reasons
and, if necessary, advise Collector to challenge
within 15 days.
• A Monitoring Committee must oversee the progress
of CETP projects, construction of new STPs,
sewage lines/nallahs, and storm drainage works
11
to avoid delays, cost escalation, and financial
burden.
• Gram Panchayats, along with Revenue Officers
and Tehsildars, must prevent pollution and act
against industries on agricultural land within their
jurisdiction, with accountability fixed for failures.
• Municipal Corporations (Jodhpur, Pali, Balotra),
RIICO, and State must prioritize sewage
management, maximize water reuse
• after treatment, and ensure proper disposal of
non-reusable water for villages like Araba and
surrounding areas of about 40 km areas.
9. After receiving the aforesaid final report and
hearing the parties, the National Green Tribunal,
th
Principal Bench, New Delhi vide final order dated 25
February, 2022 issued the following directions: -
• The recommendations of Monitoring
th
Committee as contained in reports dated 20
nd
April, 2021 and 22 July, 2021, which is
already quoted shall be complied with by the
concerned authorities within 6 months.
• RSPCB shall ensure that no untreated, or
partly treated pollutant is discharged in
water or water bodies or land including
rivers in question, which do not comply with
the environmental laws and norms and any
industry including operators of ETP, STP or
CETP shall be closed/sealed, if violation is
found to have continued. For the period of
non-compliance including post violations,
environmental compensation shall be
determined by Competent Statutory
Regulators, against violators, on the
principle of ‘Polluter’s Pay’, after giving show
cause notice and opportunity and the said
amount of compensation shall also be
recovered. This entire exercise shall be
completed within 6 months.
• RIICO shall pay environmental compensation
of Rs. 2 Crores by depositing the same with
the Central Pollution Control Board.
12
• The local bodies/authorities of District
Barmer and Jodhpur each shall pay
compensation of Rs. 2 Crores within 15 days
with RSPCB and in case steps required to be
taken by them for stopping pollution for
complying with the directions mentioned
above within 6 months are failed, they shall
pay further compensation of above amount.
• The Statutory Regulators, in coordination with the
concerned District Magistrates shall make a
survey of respective areas of districts Jodhpur and
Barmer, prepare detailed exhaustive lists of
Industrial Proponents who are causing pollution,
air and/or water pollution. A regular monitoring
shall be observed by a Committee comprising
RSPCB, concerned District Magistrates and
Central Ground Water Authority (CGWA) and
appropriate remedial action including
assessment of compensation as well
prosecution shall be taken against the
violators.
• Amount of compensation deposited/recovered as
directed above, shall be utilised for remediation
and restoration of environmental damage. For this
purpose, a joint Committee comprising CPCB,
RSPCB, CGWA and District Magistrates Barmer
and Jodhpur shall finalize plan within two months
and execute the same within six months.
• Compliance report by respective
bodies/authorities in respect of directions as
th
above, shall be submitted by 30 September,
2022 with Registrar General, NGT. If any further
direction is required/needed or found necessary
the Registrar General, NGT shall place the matter
before the Tribunal.
10. Statutory appeals under Section 22 of
National Green Tribunal Act, 2010, as per details
mentioned below have been filed in this Court against
the aforesaid order of National Green Tribunal,
Principal Bench, New Delhi wherein different orders
13
have been passed which are quoted hereinbelow for
the sake of ready reference: -
I. Civil Appeal Nos. 5517-5519 of 2022:
RIICO v. Digvijay Singh & Ors. [Order dated 29th
August, 2022]
“Issue Notice. To be heard along with Civil
Appeal No.2901/2022. There shall be
interim stay. List after six weeks.”
II. Civil Appeal No. 8748 of 2022: Municipal
Council, Pali v. Kisan Paryavaran Sangharsh Samiti,
Jaipur & Ors. and Civil Appeal Nos. 9057-9058 of
2022: Nagar Nigam, Jodhpur v. Gram Panchayat,
Araba & Ors. [Order dated 21st November, 2022]
“Delay condoned. Issue notice. There shall
be interim stay in terms of the order passed
in Civil Appeal Nos. 5517-5519 of 2022 on
29.08.2022. Tag with Civil Appeal Nos.
5517-5519 of 2022.”
III. Civil Appeal Nos. 9010-9011 of 2022:
Municipal Council, Balotra v. Digvijay Singh & Ors.
[Order dated 28th November, 2022]
“Delay condoned. Issue notice. Tag with
Civil Appeal No. 8748 of 2022.”
11. It is pertinent to note that Civil Appeal Nos.
5517-5519 of 2022 were directed to be heard along
with Civil Appeal No. 2901 of 2022 vide order dated
th
29 August, 2022. However, on perusal of records, it
is evident that the issues involved in Civil Appeal Nos.
5517-5519 of 2022 and the suo moto writ petition are
completely different from the issues involved in Civil
Appeal No. 2901 of 2022. Hence, Civil Appeal No.
2901 of 2022 shall be de-tagged and heard
separately.
12.
Having considered the commonalities of
issues which we propose to deal in the suo moto writ
petition and the pending appeals, it would be
expedient in the interest of justice, to direct that these
pending appeals, i.e., Civil Appeal Nos. 5517-5519 of
2022; Civil Appeal No. 8748 of 2022; Civil Appeal
Nos. 9057-9058 of 2022; and Civil Appeal Nos. 9010-
14
9011 of 2022 should be clubbed and heard together
with the suo moto writ petition.
13. Accordingly, the Registry is directed to place
the papers before Hon’ble the Chief Justice of India
for seeking direction of analogous hearing for all the
above referred matters with the suo moto writ
petition.”
th
6. On 7 November, 2025, this Court, upon
hearing the submissions advanced by Mr. Shiv
Mangal Sharma, learned Additional Advocate
General for the State of Rajasthan, granted him a
weeks’ time to obtain instructions, in particular, as
to whether the Rajasthan State Industrial
Development & Investment Corporation Ltd. (RIICO),
Municipal Councils of Pali, Balotra and Jodhpur still
wanted to continue with their appeals. Learned
Additional Advocate General was further given liberty
to file status report indicating the steps taken by the
State and its instrumentalities in relation to the
environmental concerns raised in the present
15
proceedings. The relevant extract of the said order is
reproduced hereinbelow: -
“Mr. Shiv Mangal Sharma, learned Additional
Advocate General for the State of Rajasthan, seeks
a week’s time to obtain instructions in the
matter, in particular, about the fact whether the
Rajasthan State Industrial Development &
Investment Corporation Ltd. (RIICO), Municipal
Councils of Pali, Balotra and Jodhpur still want
to continue with their appeals.
List the matters again on 17.11.2025.
In the meantime, Mr. Shiv Mangal Sharma,
learned AAG, may file status report. ”
III. Status Report Filed by the State of
Rajasthan
7. Pursuant to the aforesaid order, the State of
Rajasthan has placed on record a status report dated
th
15 November, 2025, filed through the learned
Additional Advocate General. The Status Report,
accompanied by multiple annexures including
minutes of high-level meetings, photographs,
compliance communications, and proposed technical
action plans, delineating the steps undertaken by
16
various State agencies in response to the
environmental crisis as well as the State’s position
with respect to the pending appeals. A succinct
summary of the salient aspects of the said Status
Report is set out hereinbelow: -
• The State of Rajasthan has acknowledged the
critical issue of pollution of the river system and
has assured of its full compliance with all
directions and orders. The State has committed
to cooperating fully to resolve the issue in the
interest of public welfare.
• The State held discussions with the Municipal
Corporations of Jodhpur, Pali, Balotra, and
Rajasthan State Industrial Development and
Investment Corporation Ltd. (RIICO) regarding
pending appeals against the National Green
th
Tribunal’s final order dated 25 February,
2022. All appellants agreed to allow the positive
17
directions of the National Green Tribunal to
continue without further stay and pledged to
work jointly and to assist this Court in resolving
the issue.
• The State has requested this Court to expunge
remarks made by the National Green Tribunal
against RIICO and other
authorities/Corporations. Additionally, the
State has sought relaxation of the
environmental compensation Rs. 2 Crores
imposed by the National Green Tribunal,
proposing that the liability be recovered from
the violating industrial units under the “Polluter
Pays” principle. The State also suggests that any
compensation or liability determined should be
exclusively utilized for pollution abatement and
restoration works.
18
• The State has requested this Court to implead
the three Common Effluent Treatment Plants
(CETPs) located in Jodhpur, Pali, and Balotra,
which are Special Purpose Vehicles (SPVs)
constituted by the industries and are
responsible for the management and operation
of the said plants. This inclusion is deemed
essential for ensuring effective implementation
of this Court’s directions.
• The State has undertaken several urgent
measures following this Court taking suo moto
cognizance of the issue. Inspection drives in
Jodhpur during September-October, 2025 led
to the closure of 17 non-compliant industrial
th
units, while similar drives in Balotra on 19
th
September, 2025-25 September, 2025
resulted in the closure of 5 non-compliant units.
Additionally, 17 bypass lines discharging
19
wastewater into stormwater drains in RIICO
industrial area, Jodhpur, were removed, and
9 illegal units in Shobhavaton ki Dhani and
Salawas were demolished, with machinery
sealed in one unit. Joint teams have closed
down 77 illegally operating units in Balotra
th th
on 15 -16 September, 2025. Efforts were
also initiated to clear waterlogging in
villages Doli, Araba, and Kalyanpur in Balotra
district, and regular inspections are being
conducted in Jodhpur, Pali, and Balotra to
identify and act against defaulters.
• A review meeting chaired by the Additional Chief
Secretary, Department of Environment &
Climate Change, Government of Rajasthan, was
th
held on 28 August, 2025, to address
waterlogging in villages Doli, Araba, and
Kalyanpur and prevent discharge of
20
domestic/industrial wastewater into the Jojari
River. Key decisions taken during the said
meeting are as follows: -
a. RIICO providing details of industries
operating in Jodhpur;
b. RIICO to explore the feasibility of
establishing CETPs in RIICO industrial
areas;
c. RIICO and RUIDP to complete re-
tendering work of laying textile conduit by
th
30 September, 2025;
d. Mandating the use of treated CETP water
by industries;
e. Expediting the establishment of CETP of
suitable capacity at Salawas after
assessing present technical and capacity
requirements;
21
f. Local Self Government Department to
prepare a plan for discharge of treated
sewage of STP, Salawas in river Luni;
g. RIICO and Local Self Government
Department to initiate efforts for
controlling the discharge of untreated city
sewage in the river through open drains
and to divert untreated city sewage to
STPs; and
h. Rajasthan State Pollution Control Board
(RSPCB) to continue with its action
against unauthorized industries
discharging untreated wastewater in river
Jojari.
rd
• On 3 November, 2025, RSPCB issued letters to
BITS Pilani, MNIT Jaipur, and IIT Jodhpur to
conduct performance audits of CETPs in
Jodhpur. The audit aims to assess performance
22
efficiency, compliance with discharge
standards, adequacy of treatment units, and
operational gaps. Institutions are required to
submit proposals and conduct audits within 4-
6 weeks.
th
• On 6 November, 2025, RSPCB issued letters to
MNIT Jaipur, IIT Jodhpur, and MBM
Engineering College, Jodhpur to prepare short-
term and long-term action plans for pollution
control in rivers Jojari, Luni, and Bandi. Short-
term actions include rotational closure plans,
completion of conduit lines, installation of
analysers and flow meters, SCADA upgrades,
and regular inspections. Long-term actions
include upgrading CETPs to Zero Liquid
Discharge (ZLD), constructing additional CETPs
and STPs, and implementing sustainable water
reuse and monitoring systems.
23
• RSPCB directed CETP Trust to submit a
rotational closure/roster plan to regulate
effluent discharge within the capacity of the
conduit pipeline. Progress on laying new
conduit pipelines is being reviewed, with
st
completion expected by 31 March, 2026.
Additionally, a Special Task Force (STF) will be
constituted within seven days to oversee the
execution of current and future plans.
• Current Status of STPs and CETPs:
a. Jodhpur: Estimated sewage generation is
230 Million Litres per Day (MLD), with
existing facilities including 2 STPs and 1
oxidation pond (total capacity: 120 MLD).
Three STPs with a capacity of 65 MLD are
under construction, and two STPs with a
capacity of 15 MLD are proposed. Treated
24
and untreated sewage is discharged
into River Jojari.
b. Pali: Estimated sewage generation is 32
MLD, with two STPs (total capacity: 22.5
MLD) and a sewage treatment gap of 10
MLD. Treated and untreated sewage is
discharged into River Bandi.
c. Balotra: Estimated sewage generation is
12.5 MLD, with one STP (9 MLD capacity).
Treated and untreated sewage is
discharged into River Luni.
d. CETPs: Jodhpur has 81 steel units and
306 textile units with separate CETPs
having capacity of 1.5 MLD and 18.5 MLD
respectively but the same are operating
below capacity, i.e., at 0.60-0.65 MLD and
10-11 MLD respectively. Pali has 497
textile units and two CETPs having
25
capacity of 12 MLD each but operating at
only 5-6 MLD, while Balotra has 955
textile units and three CETPs (total
capacity: 54.5 MLD) operating at the
capacity of 19 MLD, way below its
capacity.
• Expert institutions (MNIT Jaipur, IIT Jodhpur,
and MBM Engineering College Jodhpur) have
been tasked with formulating a comprehensive
plan for river rejuvenation, industrial effluent
management, sewage treatment, and ecosystem
restoration. Preliminary frameworks are to be
submitted within the prescribed time, with final
plans presented to be placed before this Court
within 6-8 weeks.
26
IV. Assessment of the State’s Submissions
and Identified Deficiencies
8. We are pained to observe that these remedial
measures have been triggered by the suo moto
th
cognizance taken by this Court vide order dated 16
September, 2025, whereas the State should have
acted spontaneously years ago, for ensuring around
the clock compliances which is the constitutional
obligation of the State Government and the
concerned authorities. While the status report
reflects that the State of Rajasthan has, woken up
from its slumber subsequent to this Court’s suo moto
cognizance, and has undertaken several measures,
including closure of non-compliant/illegal industrial
units, removal of bypass lines, demolition of
unauthorised establishments, initiation of
inspections, convening of high-level meetings,
commissioning of expert institutions, and proposals
27
for infrastructural augmentation, but at the same
time, it is evident that these steps have been taken
only as a sequel to this Court’s intervention. While
these measures are not insignificant, their timing is
deeply telling. The long-standing environmental
devastation afflicting the river system and the
adjoining areas as a result of decades of continuous,
unchecked discharge of industrial effluent and
municipal sewage, suggests that sustained
regulatory vigilance and timely administrative action
were lacking in the preceding years. The belated
flurry of administrative activity, triggered solely by
fortuitous judicial intervention, underscores a
prolonged period of regulatory apathy and
institutional neglect. The efforts now set in motion,
though welcome, must therefore be viewed as the
beginning of a process that requires continued
28
commitment and not as an adequate response in
themselves.
9. Furthermore, the status report itself discloses
that the installed capacities of the Sewage Treatment
Plants and Common Effluent Treatment Plants
operating in Jodhpur, Pali and Balotra are grossly
inadequate when compared with the volume of
sewage and industrial effluents generated on a daily
basis, resulting in the inevitable overflow and
discharge of untreated or partially treated sewage
and effluents into the river system. This mismatch
between generation and treatment capacity,
persisting for years, is emblematic of a systemic
failure to create and maintain environmental
mitigation infrastructure commensurate with
industrial expansion. The acknowledged deficiencies
in capacity, utilisation, maintenance and monitoring
only underscore the inadequacy of the current
29
regulatory and supervisory framework and the urgent
necessity of a comprehensive, coordinated and
scientifically informed intervention. In view of these
admitted shortcomings, this Court is of the
considered opinion that the existing infrastructure as
well as the statutory and regulatory framework falls
far short of what is required to arrest continuing
ecological degradation and to safeguard the
fundamental rights of the affected population.
V. Constitutional Framework: Right to Life
and Right to a Healthy Environment
10. In assessing the State’s response to the grave
ecological degradation afflicting the river system and
the adjoining areas, this Court is constrained to
reflect on the deeper constitutional and
jurisprudential principles that govern the
relationship between the State, the environment, and
the citizen. Environmental harm of the present
30
magnitude is not merely a regulatory lapse or
administrative shortcoming; it is in gross dereliction
of the constitutional promise that the State shall
secure conditions of life with dignity, safety and well-
being. Polluted rivers, contaminated groundwater,
and the resulting impairment of health and livelihood
dilute the very substance of the right to life as
enshrined under Article 21 of the Constitution of
India, reducing it from a living guarantee into a fragile
abstraction. Where environmental injury persists
despite statutory frameworks and institutional
mechanisms, it becomes necessary to re-anchor the
inquiry in the foundational doctrines that this Court
has painstakingly developed over several decades. It
is in this backdrop that the principles articulated in
this Court’s earlier decisions must again be revisited
to guide the present exercise.
31
11. This Court, in Subhash Kumar v. State of
2
Bihar , has held that the right to life under Article 21
necessarily embraces the right to live in a pollution-
free environment. The Court observed that a citizen
is entitled to invoke Article 32 when environmental
degradation threatens the quality of life. This
articulation has since remained a foundational
principle of environmental jurisprudence in India.
Relevant extract of the said judgment is reproduced
hereinbelow: -
“7. Article 32 is designed for the enforcement of
Fundamental Rights of a citizen by the Apex Court.
It provides for an extraordinary procedure to
safeguard the Fundamental Rights of a citizen.
Right to live is a fundamental right under Art 21
of the Constitution and it includes the right of
enjoyment of pollution free water and air for full
enjoyment of life. If anything endangers or
impairs that quality of life in derogation of laws,
a citizen has right to have recourse to Art. 32 of
the Constitution for removing the pollution of
water or air which may be detrimental to the
quality of life. …..”
[Emphasis supplied]
2
(1991) 1 SCC 598.
32
12. A similar exposition was made by this Court in
3
Virender Gaur v. State of Haryana , wherein this
Court recognised the right to a clean and hygienic
environment as an indispensable facet of the right to
life. The Court further emphasised the constitutional
imperative upon State Governments and municipal
bodies to safeguard, protect and improve both the
natural and man-made environment. In a
comprehensive articulation of the State’s
constitutional duties, this Court held:
“7. … The State, in particular has duty in that
behalf and to shed its extravagant unbridled
sovereign power and to forge in its policy to
maintain ecological balance and hygienic
environment. Article 21 protects right to life as
a fundamental right. Enjoyment of life and its
attainment including their right to life with
human dignity encompasses within its ambit,
the protection and preservation of environment,
ecological balance free from pollution of air and
water, sanitation without which life cannot be
enjoyed. Any contra acts or actions would cause
environmental pollution. Environmental,
ecological, air, water, pollution, etc. should be
regarded as amounting to violation of Article 21.
Therefore, hygienic environment is an integral
3
(1995) 2 SCC 577.
33
facet of right to healthy life and it would be
impossible to live with human dignity without a
humane and healthy environment. Environmental
protection, therefore, has now become a matter of
grave concern for human existence. Promoting
environmental protection implies maintenance of
the environment as a whole comprising the man-
made and the natural environment. Therefore,
there is a constitutional imperative on the State
Government and the municipalities, not only to
ensure and safeguard proper environment but
also an imperative duty to take adequate
measures to promote, protect and improve both
the man-made and the natural environment. ”
[Emphasis supplied]
4
13. This Court in M.C. Mehta v. Kamal Nath ,
reiterated that Articles 48A and 51A(g) of the
Constitution of India are not abstract constitutional
exhortations but must be read harmoniously with
Article 21. The Court held that any disturbance of the
basic environmental elements that are indispensable
to life, such as air, water and soil, strikes at the heart
of the right to life itself. Relevant extract of the said
judgment is reproduced hereinbelow: -
“8. Apart from the above statutes and the rules made
thereunder, Article 48-A of the Constitution provides
that the State shall endeavour to protect and
4
(2000) 6 SCC 213.
34
improve the environment and to safeguard the
forests and wildlife of the country. One of the
fundamental duties of every citizen as set out in
Article 51-A(g) is to protect and improve the natural
environment, including forests, lakes, rivers and
wildlife and to have compassion for living creatures.
These two articles have to be considered in the light
of Article 21 of the Constitution which provides that
no person shall be deprived of his life and liberty
except in accordance with the procedure established
by law. Any disturbance of the basic environment
elements, namely air, water and soil, which are
necessary for “life”, would be hazardous to “life”
within the meaning of Article 21 of the
Constitution .”
[Emphasis supplied]
14. This Court again, in A.P. Pollution Control
5
Board II v. Prof. M.V. Nayudu , affirmed that the
right to a healthy environment forms an integral part
of the right to life. The Court recognised
environmental rights as part of evolving “third
generation” rights, observing that:
“7. Our Supreme Court was one of the first Courts
to develop the concept of right to ‘healthy
environment’ as part of the right to "life" under
Article 21 of our Constitution. [See Bandhua Mukti
Morcha v. Union of India (1984 (3) SCC 161)]. This
principle has now been adopted in various countries
today.
8. In today’s emerging jurisprudence,
environmental rights which encompass a group
5
(2001) 2 SCC 62.
35
of collective rights are described as “third
generation” rights. The “first generation” rights are
generally political rights such as those found in the
International Convention on Civil & Political Rights
while "second generation" rights are social and
economic rights as found in the International
Covenant on Economic, Social and Cultural Rights.
"Right to Healthy Environment". (See Vol.25) 2000
Columbia Journal of Environmental Law by John
Lee P.283, at pp.293-294 fn.29).”
[Emphasis supplied]
15. Taken together, the principles emerging from
the foregoing judgments establish beyond doubt that
environmental protection is not a matter of
administrative choice but a constitutional
imperative. This Court has consistently affirmed that
the right to life under Article 21 includes the right to
a clean, healthy and ecologically balanced
environment; that Articles 47 and 48A impose a
substantive obligation upon the State to safeguard
public health and protect the environment; and that
Article 51A(g) casts a corresponding duty upon every
citizen to preserve and improve the natural
environment. The jurisprudence of this Court
36
articulates a coherent doctrinal framework in which
environmental rights are recognised as integral to
human dignity and sustainable development. These
decisions, read together, leave no room for ambiguity:
where environmental degradation threatens life,
health and ecological balance, the State must act
with urgency, competence and foresight, and
constitutional courts are duty-bound to intervene
when such obligations are not met. It is in the light
of the aforesaid well-established constitutional
jurisprudence that this Court must now turn to the
persistent and grave contamination of the river
system and the adjoining areas of the State of
Rajasthan, assess the adequacy of the measures
undertaken by the State, and determine the scope of
remedial directions necessary to vindicate the
constitutional rights of the affected communities and
37
restore the environmental integrity of the entire
region.
VI. Environmental Degradation of the river
system: Findings and Impact
16. The material placed before this Court leaves no
doubt that the contamination of the rivers system has
caused profound and multi-dimensional harm to the
people, ecology and economy of the region. What were
once seasonal rivers sustaining agriculture, wildlife
and village life have, over the years, turned into
conduits for untreated industrial effluents and
municipal sewage. The pollution has permeated soil
and groundwater, rendering agricultural lands
unproductive, polluting wells and handpumps, and
depriving entire communities of access to safe
drinking water. Livestock, on which thousands of
families depend, has suffered extensive morbidity
and mortality. The disappearance of local fauna and
38
the degradation of riverine ecology bear testimony to
the scale of environmental injury. These harms are
not speculative or remote; they are immediate,
continuing and borne daily by residents whose
health, livelihoods and dignity have been
compromised for nearly two decades.
17. What exacerbates this crisis is the prolonged
period of administrative indifference during which
pollutants including untreated industrial effluents
and municipal sewage continued to be discharged
unabated, despite repeated warnings, judicial
directives and scientific reports. The Justice P.C.
Tatia Committee, constituted earlier in the course of
proceedings before the National Green Tribunal, had
laid bare the regulatory deficiencies, the systemic
non-compliance by CETPs, and the persistent
discharge of untreated waste into river channels
continues. The salutary remedial recommendations
39
of the Committee did not translate into effective
action on the ground. Successive inspections by
statutory authorities recorded the same deficiencies
year after year, revealing a cycle in which violations
were noted but not rectified.
18. It is our firm opinion that, with due deference to
the stay granted by this Court, the State Government
could have continued with the process of checking
the flow of untreated effluents into the river system.
If at all there was any genuine grievance of RIICO or
the concerned authorities, they should have made an
effort to seek modification or clarification of the order.
However, utter apathy prevailed, and the stay
granted by this Court was used as an excuse to sit
idle and allow the devastation to continue unabated.
It is only after this Court initiated suo moto
proceedings in September, 2025 that the State
machinery has woken up and claims to have initiated
40
some enforcement measures. The protracted inaction
that preceded these steps has allowed the pollution
to deepen and spread, thereby aggravating the harm
to millions of citizens. We find that the efforts so
initiated touch only the tip of the iceberg.
19. In the face of such entrenched environmental
degradation, delay is not merely undesirable; it is
carcinogenic and catastrophic. The river system in its
present state continues to threaten public health,
undermine agricultural sustenance, and
contaminate natural resources that form the
backbone of ecology and life in the region.
Environmental injury of this magnitude cannot be
reversed by knee jerk reactions, incremental
compliances or symbolic enforcement. It requires a
coordinated and scientifically informed response
grounded in the precautionary principle, sustainable
development and the inter-generational equity
41
doctrine, i.e., the principles which have consistently
guided this Court’s environmental jurisprudence.
Immediate action is not only warranted but
constitutionally mandated, as each passing day
without effective intervention risks further
irreparable harm to the environment and to the
people whose lives are intertwined with it.
VII. Modification/Clarification of Interim Stay
on the National Green Tribunal’s Order:
Legal and Environmental Necessity
20. It is in this context that the continuance of the
interim stay on the National Green Tribunal’s final
th
order dated 25 February, 2022 becomes untenable.
The National Green Tribunal’s order was passed after
an extensive fact-finding exercise and in furtherance
of the detailed recommendations of the Justice P.C.
Tatia Committee, which had identified the precise
regulatory failures and technical shortcomings
42
requiring redress. The stay on the National Green
Tribunal’s directions has, in effect, has been
misinterpreted to freeze the implementation of the
remedial framework designed to arrest ongoing
pollution and rehabilitate the river system. The
setback of several years during which the effluents
continued to pollute the environment may well be
irreversible. Allowing the stay to persist would defeat
the very purpose of the statutory mechanism under
the National Green Tribunal Act, 2010; the Water
(Prevention and Control of Pollution) Act, 1974 and
would undermine the detailed fact-finding efforts,
and perpetuate the illegality that has caused
widespread harm. In these circumstances,
modification/clarification of order granting stay is
not only called for but also imminently essential to
facilitate implementation of the remedial measures
already devised and to ensure that the constitutional
43
rights of the affected population are protected
without further delay.
21. Furthermore, the learned Additional Advocate
General appearing for the State of Rajasthan has
fairly submitted that RIICO and the other concerned
authorities/Corporations have no objection to the
vacation of the interim stay, provided that the stay
continues to operate in respect of the remarks made
against them and the direction imposing
environmental compensation. Accordingly, the stay
operating on the National Green Tribunal’s final order
th
dated 25 February, 2022 is modified and clarified
insofar as it tends to restrain the implementation of
the substantive remedial and regulatory directions
issued by the Tribunal. However, the interim stay
shall continue to operate only in respect of the
remarks made against RIICO and the other
authorities/Corporations, and in respect of the
44
direction imposing environmental compensation of
Rs. 2 Crores upon them. These issues shall remain
under consideration and will be examined at an
appropriate stage, having due regard to the future
actions, conduct and compliance demonstrated by
the said authorities/Corporations.
VIII. Constitution of the High-Level Ecosystem
Oversight Committee
22. With the stay on the National Green Tribunal’s
final order now modified and clarified and the
remedial framework envisaged therein revived for
implementation, it becomes necessary to ensure that
such measures are carried out in a coherent,
sustained and scientifically supervised manner.
Hence, in view of the long-standing environmental
degradation, the prolonged administrative inaction
and the urgent need for a coordinated, scientifically
informed and accountable institutional mechanism
45
enabling this Court to oversee the restoration of the
river system, it is our considered opinion that a
dedicated fact-finding, monitoring and
implementation body must now be constituted.
Accordingly, to detect the fundamental maladies in
the system, to supervise the remedial measures
required to arrest further pollution and to give long
term suggestions for reversal of the damage already
caused, we deem it appropriate to constitute a High-
Level Ecosystem Oversight Committee , consisting
of the following: -
• Hon’ble Mr. Justice Sangeet Lodha , Hon’ble
(Retd.) Judge of High Court of Judicature for
Rajasthan as Chairperson;
• Shri Pankaj Sharma , Advocate, High Court of
Judicature for Rajasthan to assist the
Chairperson ;
46
• Technical Expert of repute in the fields of water
management, pollution control and/or
environmental engineering to be identified and
appointed by the Chairperson;
• Additional Chief Secretary, Department of
Environment & Climate Change, Government of
Rajasthan;
• Joint Secretary, Urban Development and
Housing Department, Government of
Rajasthan;
• Joint Secretary, Local Self Government
Department, Government of Rajasthan;
• Member Secretary, Central Pollution Control
Board or his/her nominee;
• Member Secretary, Rajasthan State Pollution
Control Board (RSPCB) or his/her nominee;
47
• Managing Director, Rajasthan State Industrial
Development and Investment Corporation Ltd.
(RIICO);
•
Director, Rajasthan Urban Infrastructure
Development Project (RUIDP); and
• District Collector of Jodhpur, Pali and Balotra.
The constitution of this Committee is necessitated by
the scale of the harm, the complexity of the remedial
actions required, and the imperative of ensuring
sustained institutional oversight so that the
directions of the National Green Tribunal, as well as
those of this Court, are implemented in both letter
and spirit.
IX. Terms of Reference and Powers of the
High-Level Ecosystem Oversight
Committee
23. In formulating the mandate of the Committee,
this Court has taken note of the status report filed by
48
the State of Rajasthan, which discloses that several
premier educational institutions, such as IIT
Jodhpur, MNIT Jaipur and MBM Engineering
College, Jodhpur, have been engaged to prepare
short-term and long-term action plans for river
rejuvenation, industrial effluent management,
sewage treatment and ecological restoration. In order
to avoid duplication of efforts and to ensure that the
scientific and technical recommendations generated
by these institutions translate into effective and
actionable outcomes, it is directed that all such
short-term and long-term plans, proposals, feasibility
assessments and technical frameworks shall be
submitted directly to the High-Level Ecosystem
Oversight Committee, which shall examine their
practicality, financial viability and environmental
efficacy. The Committee shall thereafter formulate
implementation strategies, set timelines and
49
supervise the execution of all measures
recommended therein.
24. The High-Level Ecosystem Oversight Committee
shall operate with the following broad Terms of
Reference: -
A. The Committee shall oversee and ensure full,
faithful and time-bound implementation of the
directions contained in the National Green
th
Tribunal’s final order dated 25 February,
2022, including those issued based on the
recommendations of the Justice P.C. Tatia
Committee.
B. The Committee shall prepare a scientifically
grounded, time-bound River Restoration and
Rejuvenation Blueprint for the river system that
includes Rivers Jojari, Luni and Bandi and
formulate a comprehensive plan for its
execution in coordination with the State
50
Government and concerned
authorities/agencies. This plan shall
incorporate scientific, technical and
administrative measures for remediation of
contaminated topsoil, rejuvenation of
groundwater aquifers, restoration of river
ecology, revival of flora and fauna, prevention of
future contamination, and long-term
environmental monitoring.
C. In order to accurately map the sources of
pollution, the Committee may conduct a
comprehensive on ground survey of every
discharge point, pipeline, drain, channel or
outlet that leads into the Jojari, Bandi or Luni
rivers or any of their tributaries. The Committee
shall identify all legal and illegal discharge
points, determine the nature of effluents
released through each of them, and ascertain
51
whether such discharges comply with statutory
standards. The Committee shall also verify that
all member units connected to CETPs have
installed and are continuously operating
Supervisory Control and Data Acquisition
(SCADA) meters equipped with automatic cut-
off mechanisms, and that the data generated by
these meters is being regularly monitored by the
Rajasthan State Pollution Control Board
(RSPCB) and the CETP Trusts. It shall further
ensure that treated effluents from CETPs are
not mixed with untreated sewage or stormwater
at any stage and that municipal bodies take
necessary steps to prevent any such mixing.
The Committee shall place before this Court a
detailed report of its findings and the
recommendations regarding the remedial
52
measures required to be undertaken in this
regard.
D. The Committee may, with the assistance of
suitable expert bodies, examine the feasibility of
making all existing SCADA meters fully online
and integrated into a common monitoring
dashboard to enable effective and continuous
oversight and real time data monitoring of
discharge of industrial effluents. The Committee
shall also assess the feasibility of installing
SCADA meters, or any other compatible
monitoring devices, at all Sewage Treatment
Plants (STPs) so that the quantity and quality of
effluent discharged from such plants can be
monitored on a real-time basis. The Committee
shall place its recommendations on these
aspects before this Court.
53
E. The Committee may schedule and conduct
audits including surprise checks of the CETPs,
STPs, oxidation ponds, drainage systems,
Supervisory Control and Data Acquisition
(SCADA) units and industrial primary treatment
plants at appropriate intervals. The Committee
shall specify compliance benchmarks and
ensure that non-compliance is addressed
promptly.
F. The performance audits of Common Effluents
Treatment Plants (CETPs) and Sewage
Treatment Plants (STPs) undertaken by
educational institutions engaged by the State of
Rajasthan shall be submitted to the Committee,
which shall examine the findings, direct
remedial measures and ensure that deficiencies
identified in the audits are rectified without
delay.
54
G. All action plans, technical reports, feasibility
studies and remedial proposals prepared by IIT
Jodhpur, MNIT Jaipur, MBM Engineering
College, BITS Pilani or any other institution
engaged by the State shall be placed before the
Committee. The Committee shall evaluate the
scientific soundness, feasibility and
environmental efficacy of each recommendation
and give its suggestions on their
implementation.
H. The Committee shall assess the existing
treatment capacity vis-à-vis actual industrial
and municipal discharge and prepare a time-
bound infrastructural augmentation plan. This
may include, wherever necessary, the
installation of new CETPs or STPs,
enhancement of existing capacity, creation of
additional conveyance pipelines, adoption of
55
Zero Liquid Discharge (ZLD) technologies, and
establishment of integrated waste management
systems.
I.
The Committee shall identify officials,
authorities or industries/industrial units
responsible for non-compliance or dereliction of
their obligations. Upon identification of such
individuals and/or industries/industrial units,
the Committee shall recommend appropriate
disciplinary action, prosecution under
applicable statutes, and/or recovery of
environmental compensation, as the facts may
justify. It shall ensure that the principle of
“Polluter Pays” is applied effectively and that no
violator is permitted to escape liability.
J. The Committee shall ensure that RSPCB
publishes quarterly water quality data and that
periodic engagement is undertaken with
56
affected Gram Panchayats and local
communities to integrate ground-level feedback
into enforcement mechanisms. It shall prepare
recommendations based on local grievances,
field observations and stakeholder inputs to
ensure that remedial measures address the
lived realities of affected populations.
K. The Committee shall have full authority to call
for records, issue directions to State and local
bodies, seek technical assistance from national
institutions including but not limited to
National Environmental Engineering Research
Institute (CISR-NEERI) and ensure strict
implementation of all environmental
safeguards.
L. The Committee shall also be at liberty to
examine and address all such matters as may
be incidental, ancillary or consequential to the
57
aforesaid Terms of Reference. This shall include
any issue which, in the considered view of the
Committee, bears a nexus with the prevention
of pollution, restoration of the river ecosystem,
augmentation of treatment infrastructure, or
enforcement of environmental norms. The
Committee shall have full authority to take such
steps as are reasonably necessary to secure the
objectives of the directions issued by this Court
and to ensure that the environmental and
constitutional rights of the affected
communities are effectively safeguarded.
X. Administrative and Logistical
Arrangements for the Committee
25. The Committee shall be provided with all
necessary secretarial, technical and administrative
support to ensure the effective discharge of its
mandate. For this purpose, at the initial stage, the
58
State of Rajasthan shall make available services of
one Rajasthan Administrative Services (RAS) Officer
to act as Registrar and the Nodal Officer of the
Committee, one Personal Assistant (PA), one Lower
Division Clerk, one Law Clerk and two Class IV
employees to be assigned at the discretion of the
Hon’ble Chairperson. The Committee may conduct its
proceedings at Jodhpur or at any other location
deemed appropriate by the Chairperson, and the
State Government shall ensure that suitable
arrangements for its sittings are made forthwith. The
Committee shall be free to evolve its own modalities
and procedure for the conduct of its business. The
State Government shall provide a fully furnished and
well-equipped office space, preferably within the
Circuit House, Jodhpur, or at any other location
specified by the Chairperson and the same shall be
equipped with video-conferencing facilities and such
59
additional infrastructure as may be required. All
logistical arrangements necessary for the functioning
th
of the Committee shall be completed on or before 9
December, 2025.
26. The State Government shall bear all financial
and logistical requirements of the Committee,
including the payment of honorarium and
operational expenses. The Chairperson shall be
entitled to an honorarium of Rs. 5,00,000/- (Rupees
Five Lakhs Only) per month, and the lawyer assisting
the Committee shall be paid honorarium of
Rs.1,00,000/- (Rupees One Lakh Only) per month.
The Chairperson shall also be entitled to travel
allowances equivalent to those admissible to a sitting
Judge of the High Court for the purposes of
Committee meetings and site visits. The lawyer
assisting the Committee shall be paid travelling
allowance of Rs.10,000/- per visit (for inspection).
60
The State Government and the police administration
shall provide full security to the Chairperson
throughout the duration of the Committee’s
mandate, including during field inspections.
Adequate security measures shall also be put in place
for the field visits of the Committee. Expenditure
incurred towards the functioning of the Committee
including the payment of honorarium, professional
expenses, operational expenses and any other
ancillary expenses shall be recoverable from the
concerned erring officials or departments, and from
the industries or industrial units found to be
responsible for violations leading to pollution of the
river system.
XI. Operative Directions
27. The directions that follow are a concise
distillation of the conclusions reached in the
61
foregoing sections of this order. They are being issued
to give concrete effect to the principles, findings, and
obligations already discussed, and to ensure that the
necessary corrective measures are implemented
without delay.
A. The interim stay previously operating on the
th
National Green Tribunal’s final order dated 25
February, 2022 shall stand modified, clarified
and lifted, save and except in respect of (i) the
remarks made against RIICO and other
authorities/Corporations, and (ii) the direction
imposing environmental compensation of Rs. 2
Crores upon them.
B. The substantive remedial, regulatory and
preventive directions contained in the National
th
Green Tribunal’s order dated 25 February,
2022 shall now be implemented in full, without
impediment.
62
C. The High-Level Ecosystem Oversight Committee
constituted as stated hereinabove shall
commence its functioning at the earliest.
D.
The Committee shall prepare a comprehensive,
time-bound River Restoration and Rejuvenation
Blueprint for the entire river system that
includes Rivers Jojari, Luni and Bandi and
ensure its phased implementation.
E. The Committee shall undertake a
comprehensive mapping of all legal and illegal
discharge points into the Jojari, Bandi and Luni
rivers and shall place before this Court its
recommendations and findings in that regard by
way of interim reports/detailed final reports.
F. The Committee shall conduct recurring audits
of all treatment and monitoring infrastructure
at intervals not exceeding three months and
shall provide recommendations specifying
63
compliance benchmarks and remedial
measures required. The concerned authorities
shall ensure strict adherence to such
recommendations.
G. All plans, audits, technical assessments, short-
term and long-term strategies prepared by IIT
Jodhpur, MNIT Jaipur, MBM Engineering
College Jodhpur, BITS Pilani, or any other
institution engaged by the State of Rajasthan,
shall be submitted directly to the High-Level
Ecosystem Oversight Committee.
H. All performance audits of CETPs, STPs,
oxidation ponds, conveyance pipelines, and
industrial primary treatment facilities shall be
submitted before the Committee. The concerned
authorities shall implement the directions
issued by the Committee on the basis of such
audits without delay.
64
I. All State authorities, including RIICO, RSPCB,
municipal bodies, local bodies, and district
administrations as well as the industrial units
individually and the industrial associations,
shall extend full cooperation and support to the
Committee. Any failure to do so shall invite
action, including personal accountability before
this Court.
J. The High-Level Ecosystem Oversight Committee
shall submit its first status report to this Court
within eight weeks from today and thereafter
every eight weeks until further orders.
28. The directions issued hereinabove are not
merely administrative but arise from the
constitutional duty of this Court to safeguard the
fundamental right to life under Article 21 of the
Constitution of India, which has been consistently
interpreted to include the right to clean water,
65
unpolluted air, a healthy environment and conditions
conducive to human dignity. The continuing
contamination of the river system and the adjoining
areas, poses a direct and serious threat to these
constitutionally protected rights of millions of
residents in the region. It is therefore imperative that
the remedial framework devised by the National
Green Tribunal, strengthened by the oversight
mechanism established through this judgment, is
implemented with urgency, fidelity and resolve. The
State and all concerned authorities shall act with the
seriousness that the constitutional guarantee of life
and health demands, ensuring that the
environmental integrity of the region is restored and
protected for present and future generations.
29. The learned Additional Advocate General for the
State of Rajasthan shall communicate the copy of
this order to all the concerned
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authorities/Corporations. The Registry shall also
communicate the copy of this order to the Hon’ble Mr.
Justice Sangeet Lodha, Hon’ble (Retd.) Judge of High
Court of Judicature for Rajasthan on his email
address: j.sangeetlodha@gmail.com .
th
30. List on 27 February, 2026 for receiving the
first status report of the High-Level Oversight
Committee.
….……………………J.
(VIKRAM NATH)
...…………………….J.
(SANDEEP MEHTA)
NEW DELHI;
NOVEMBER 21, 2025.
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