Article 21 mandates Zero Liquid Discharge and specialized judicial oversight to remedy systemic industrial riverine pollution.

The Supreme Court took suo moto cognizance of the severe ecological degradation of the Jojari River system in Rajasthan

On November 21, 2025, the Court modified an interim stay on a National Green Tribunal (NGT) order, allowing remedial directions to proceed while staying only the ₹2 crore compensation imposed on the Rajasthan State Industrial Development and Investment Corporation (RIICO)

The Court constituted a High-Level Ecosystem Oversight Committee (HLEOC) chaired by Justice Sangeet Lodha (Retd.) to monitor restoration

The HLEOC’s status report revealed systemic failures: massive sewage treatment gaps (e.g., a 55 MLD deficit in Jodhpur), operational failures of Common Effluent Treatment Plants (CETPs), and widespread industrial discharge via illegal tankers and concealed pipelines

Field inspections documented the mortality of Babul trees, groundwater contamination of 400-year-old wells, and the submergence of government schools

Evidence further suggested administrative attempts to conceal violations by leveling riverbeds prior to inspections

Whether the existing institutional and infrastructural framework is sufficient to arrest the systemic environmental degradation and ensure the restoration of the Jojari/Luni river system

Whether the State’s failure to bridge the gap between sewage/effluent generation and treatment capacity constitutes a violation of the "Polluter Pays" principle and Zero Liquid Discharge (ZLD) norms

Whether the continued contamination of water bodies and groundwater constitutes a violation of the fundamental right to life and clean water under Article 21 of the Constitution

Article 21 of the Constitution of India, which guarantees the right to a pollution-free environment and access to safe drinking water as an integral facet of the right to life

"Polluter Pays" Principle, requiring that the costs of pollution be borne by those who cause it

Doctrine of Zero Liquid Discharge (ZLD) to mandate the recycling of all industrial wastewater

Precedent of State of Karnataka v. State of Andhra Pradesh (2000), which established water as a "prime natural resource" and a "precious national asset" essential for human survival

The Court observed a "disturbing pattern of administrative apathy" and a collapse of regulatory mechanisms

It noted a sharp incongruity: while some CETPs operate below capacity, large volumes of untreated effluents are simultaneously bypassed into the river via illegal means, indicating systemic evasion

The Court linked environmental injury directly to social consequences, such as the deprivation of education due to submerged schools and the loss of agrarian livelihoods due to soil salinity, classifying these as constitutional infractions

It criticized the State for a three-month delay in providing administrative support to the HLEOC, reflecting a "lack of seriousness"

Applying the Polluter Pays principle, the Court found the failure of Special Purpose Vehicles (SPVs) to utilize allotted land at Salawas for treatment infrastructure as a basis for coercive action

The Court concluded that the destruction of the river’s natural flow path exacerbated the spread of toxins, necessitating a return to the river's original hydrological channel

Directed the immediate completion of the Salawas CETP and the 23km effluent conveyance system by May 11, 2026

Directed HPCL Rajasthan Refinery (HRRL) to utilize Corporate Social Responsibility (CSR) funds to establish treatment infrastructure in the region

Mandated the RSPCB to replace estimation-based waste calculation with a technology-driven machinery-based system within two months

Ordered the immediate closure of any violating unit/CETP; repeat violators must seek prior leave from the Supreme Court to resume operations

Requested the Rajasthan High Court to constitute Special Courts in Jodhpur, Pali, and Balotra for the expeditious adjudication of environmental crimes

Directed the State to restore the natural flow path of the Jojari River and provide sustainable infrastructure-based potable water supply to affected villages

The matter is listed for further compliance monitoring on July 21, 2026