01Facts
These proceedings concern continuing degradation of the Jojari–Bandi–Luni river system.
¶ 1–6Following earlier directions, the High-Level Ecosystem Oversight Committee reported that the State’s proposed redetermination of river widths by reference to sewage and treated-wastewater flows lacked a basis in the Court’s earlier orders and risked disregarding the recorded river corridors.
¶ 1–6The Committee also raised concerns about incomplete river-system restoration plans, extensive and potentially cumulative bajri mining, illegal extraction, and inadequate CETP/ZLD infrastructure.
¶ 7–11The State’s compliance affidavit described enforcement and administrative steps, but many measures remained under consideration; it also reported that leases had been granted in areas where illegal mining had previously been detected.
¶ 18–21Separately, Bherawa Textiles Industries Pvt. Ltd. sought clarification that the Court’s earlier closure-related directions did not bar the NGT from hearing an appeal against a later RSPCB closure order.
¶ 28–3302Issues
i.1. Whether river boundaries and protective zones could be determined by reference to sewage or treated-wastewater flows, rather than the recorded river corridors.
¶ 4–6, 13, 24(A)ii.2. Whether the State’s reported mining-lease and enforcement measures adequately addressed illegal mining and the ecological impact of mining across river stretches.
¶ 19–23iii.3. Whether the Court’s earlier directions prevented the NGT from exercising its statutory appellate jurisdiction over an independent RSPCB closure order.
¶ 28–3303Law Applied
The Court applied its prior directions in these proceedings, including the obligations to enforce environmental requirements and prevent industrial units ordered closed from resuming operations without the Court’s express permission.
¶ 30–31It held that compliance with the procedure for granting a mining lease is distinct from compliance with environmental safeguards, and that a lease does not resolve concerns about river integrity, replenishment, groundwater recharge, or cumulative impact.
¶ 20–21The Court also recognised the NGT’s appellate jurisdiction under Section 16(c) of the National Green Tribunal Act, 2010, to examine the legality of an independent RSPCB order; such review does not itself authorise an industry to resume operations contrary to the Court’s directions.
¶ 32No judicial precedent is cited in the order.
Provisions in the judgment · 1 · Linked ones open on LawLens
National Green Tribunal Act, 2010 Section 16
04Reasoning
The Court rejected the proposed river-width exercise because the earlier order had not authorised sewage flows to define river boundaries, and the recorded corridors were reflected in departmental records.
¶ 4–6, 13It found that subsequent lease grants could not, without independent scientific assessment, answer concerns arising from prior illegal mining or its cumulative effects; enforcement counts and penalties likewise did not establish that the river systems were being protected or restored.
¶ 20–23On Bherawa Textiles’ application, the Court distinguished appellate review of the closure order’s legality from permission to recommence operations, allowing the former while preserving the latter restriction.
¶ 31–3305Holding
The Court directed the State not to permit new industries along or near the riverine ecosystem until the High Flood Line and buffer zones are scientifically determined; it also required a 100-metre protective zone beyond the recorded outer river boundaries and prohibited Red Category industries within 500 metres of those boundaries.
¶ 24(A)It ordered the State to constitute an SIT within three days to investigate organised illegal bajri mining and possible official involvement, with a status report due before the next hearing; required a separate State affidavit responding to concerns raised by Mr. Jasol; directed impleadment of the Central Ground Water Authority and an affidavit on groundwater conditions; and required anonymous mining complaints to be incorporated into the grievance mechanism.
¶ 24(B)–(F)The State was also directed to formulate a ZLD financial-assistance policy, consider interim applications expeditiously, and prepare a time-bound plan for redistribution pipelines for treated wastewater and RO permeate.
¶ 24(G)–(H)The Bherawa applications were disposed of with liberty to seek restoration of its withdrawn NGT appeal, which the NGT must consider on its merits; that liberty does not permit resumption of operations.
¶ 32–33The matters were listed for 27 November 2026.
¶ 27Original Court PDF
In Re: 2 Million Lives At Risk, Contamination In Jojari River, Rajasthan
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