Case Note & Summary
The Supreme Court took suo motu cognizance of alarming environmental contamination in the Jojari River and other water bodies in Rajasthan, reportedly endangering around two million lives, based on media reports and the findings of a High-Level Ecosystem Oversight Committee. The matter was heard together with connected civil appeals concerning related pollution issues. By an earlier order dated 21 July 2026, the Court had recorded the Committee's reports, noted prima facie evidence of grave environmental degradation including untreated industrial effluents, encroachments, and systemic regulatory failures, and issued a series of interim directions. These included permitting the Committee to examine representations from White Category industries, directing the State to transfer lands for ecological restoration, ordering the Rajasthan State Pollution Control Board to prepare a scientific plan for treating accumulated effluents at the Common Effluent Treatment Plant in Sangariya without resuming industrial operations, and directing the State to respond to the Committee's findings and media reports. The Court also required an explanation for the non-invocation of graver penal provisions such as Sections 272, 326(a), and 326(c) of the Bhartiya Nyaya Sanhita, 2023, and the Prevention of Damage to Public Property Act, 1984, and made the Chief Secretary personally responsible for compliance. In response, the State of Rajasthan filed a report from the Special Investigation Team and a comprehensive compliance report. The SIT report indicated a review of 16 criminal cases across Jodhpur, Pali, and Balotra, registration of four new FIRs, invocation of graver offences, and some arrests. However, the Court expressed concern over the superficiality and timing of the SIT's actions, noting that significant steps were taken only as the hearing date approached, casting doubt on bona fides. It directed the SIT to continue the probe with enhanced diligence, professionalism, and independence, ensuring that the investigation uncovers the complete conspiracy, including the role of public servants, and that credible evidence leads to prosecution without exception. On the State’s response to specific newspaper reports, the Court noted the steps taken regarding the pink coloration of a pond near Tanawada, including drone surveys, inspections, and scientific sampling. The preliminary opinion from IIT Jodhpur suggested that the coloration likely resulted from a combination of saline and organic contamination, not a single dye, and recommended further detailed studies. The Court directed expeditious implementation of the remedial recommendations under the Committee’s supervision. Regarding the Sanganer-Dravyavati-Nevta region, the State outlined the regulatory framework, with 1,767 textile processing units identified, of which 892 were connected to a Zero Liquid Discharge based CETP operating below capacity due to incomplete connectivity. Enforcement actions included closure directions under Section 33A of the Water Act against 814 units, prosecutions, imposition of environmental compensation, and sealing of 65 units. The Court noted these efforts and the State’s commitment to completing infrastructure and bringing all units within compliance. The Court did not deliver a final judgment but issued procedural directions to ensure thorough investigation and environmental remediation, emphasizing the public importance of the issues.
Headnote
A) Environmental Law - Water Pollution - SIT Investigation - Bhartiya Nyaya Sanhita, 2023, Sections 272, 326(a), 326(c); Prevention of Damage to Public Property Act, 1984 - Court directed SIT to continue investigation with enhanced diligence, unearth entire conspiracy, and proceed against all persons irrespective of status; noted superficial progress and lack of promptness. Held that investigation must not remain confined to immediate acts of illegal discharge but go to the root of the matter, identifying the complete chain of events, decision-making processes, and involvement of all persons, including public officials. (Paras 4-6) B) Environmental Law - River Pollution - Remedial Measures - Water (Prevention and Control of Pollution) Act, 1974, Section 33A - State directed to implement IIT Jodhpur's remedial recommendations expeditiously for pink pond issue; State placed on record various enforcement actions including closure directions, prosecutions, and sealing of units. Held that remedial recommendations shall be implemented without further delay, subject to approval of the Committee. (Paras 7-8) C) Environmental Law - Industrial Pollution - CETP Functioning - Water (Prevention and Control of Pollution) Act, 1974 - Court noted the existing regulatory framework and enforcement measures taken against defaulting industries in Sanganer area; State directed to ensure full operationalisation of CETP, bring all units within statutory regime, and complete infrastructure. Held that continuous efforts are needed to prevent further pollution and ensure sustainable treatment of wastewater. (Paras 8-9)
Issue of Consideration
Whether the Special Investigation Team's investigation into riverine pollution in Rajasthan is adequate, and what further directions are needed to ensure comprehensive investigation and environmental restoration; whether the State has satisfactorily responded to the environmental concerns highlighted by the High-Level Ecosystem Oversight Committee and media reports, and whether graver penal provisions under the Bhartiya Nyaya Sanhita, 2023 and Prevention of Damage to Public Property Act, 1984 should be invoked in pending cases.
Final Decision
The Court directed the Special Investigation Team to continue the investigation with enhanced diligence, professionalism, and independence, going to the root of the matter and examining all facets including the role of public servants, ensuring that every person against whom credible evidence emerges is proceeded against without exception. The Court further directed the State to implement IIT Jodhpur's remedial recommendations expeditiously and without further delay, subject to the approval of the High-Level Ecosystem Oversight Committee, and to ensure completion of infrastructure and full operationalisation of the Common Effluent Treatment Plant. The Chief Secretary was made personally responsible for compliance.
Law Points
- Environmental protection
- accountability of public servants
- comprehensive investigation
- invocation of graver penal provisions for environmental offences
- regulatory enforcement under Water Act
- zero liquid discharge compliance
- ecological restoration
- public health
