'Environmental Catastrophe Cannot Be Ignored': Supreme Court Orders Rajasthan To Explain Industrial Pollution
The Supreme Court directed the Rajasthan government to explain allegations of widespread industrial pollution, respond to the High-Level Committee's findings, and invoke graver criminal charges in environmental prosecutions.
Expressing serious concern over reports of widespread industrial pollution and environmental degradation in Rajasthan, the Supreme Court has directed the State government to file comprehensive affidavits addressing allegations of untreated industrial effluents contaminating rivers, groundwater, agricultural land and wildlife habitats. The Court also ordered the State to explain why graver offences under the Bharatiya Nyaya Sanhita (BNS), 2023 and the Prevention of Damage to Public Property Act, 1984 have not been invoked against those responsible.
A bench of Justice Vikram Nath and Justice Sandeep Mehta passed the directions while hearing the suo motu matter concerning pollution in the Jojari River and connected environmental issues.
The Court took on record the Second Status Report filed by the High-Level Ecosystem Oversight Committee and its comments on the first report submitted by the Special Investigation Team (SIT).
Court Flags alarming reports of Industrial pollution
During the hearing, the Court handed over to the State copies of newspaper reports highlighting environmental concerns, including allegations that a pond near the Jojari River had turned pink due to industrial contamination, that untreated effluents were being discharged by industrial units in the Sanganer-Dravyavati-Nevta region despite regulatory prohibitions, and that industrial waste had travelled nearly 56 kilometres to the Morel Dam, contaminating water resources and affecting villages, agriculture and wildlife.
Taking note of these reports, the Court observed: "The aforesaid newspaper reports prima facie disclose issues of environmental concern of a magnitude which cannot be ignored by this Court."
The Bench said the allegations, if found to be true, indicated contamination of water bodies across multiple regions, adverse consequences for groundwater, agriculture, wildlife and public health, as well as a prima facie failure of regulatory authorities to enforce environmental laws.
The Court further observed: "The frequency of these reports, emanating from different geographical areas, raises serious concern that the issue may not be confined to isolated instances but could reflect a larger systemic failure in ensuring compliance with environmental norms."
Wildlife Habitat under threat
The High-Level Committee informed the Court that during visits to villages around Melba, Dhawa and Jhanwar in Luni Tehsil, local residents reported a significant decline in wildlife populations, including Chinkara, Blackbuck, Foxes and Nilgai, allegedly due to contamination from effluent-laden water flowing through the Jojari River.
Accepting the Committee's recommendations, the Court directed the Rajasthan government to expedite the transfer of identified lands in Jodhpur district to the Forest Department for their development and preservation as forest and grassland ecosystems.
CETP cannot resume without court's permission
The Court also dealt with issues relating to the Common Effluent Treatment Plant (CETP), Sangariya, after the Committee flagged communications suggesting treatment of accumulated wastewater.
Reiterating its earlier directions, the Bench clarified that no industrial operations connected with the CETP or its member industries could resume without prior leave of the Court.
While permitting treatment and safe disposal of the accumulated effluent-laden water to prevent environmental damage during the monsoon, the Court directed that the process be undertaken only under the Committee's direct supervision and after scientific testing.
The Court cautioned:"It shall further be ensured that the permission granted for such treatment and disposal is not used as a subterfuge for the resumption of industrial activities which have been stopped previously."
White category industries may seek de-sealing
The Court granted liberty to industries claiming to be White Category Industries with zero discharge to approach the High-Level Committee.
It directed that such units may submit representations, following which the Committee would conduct physical inspections. If satisfied that an industry was non-polluting and not discharging industrial effluents, the Committee would be at liberty to order de-sealing of the premises and permit resumption of operations, subject to appropriate conditions.
Supreme Court directs Rajasthan to invoke graver criminal charges
In a significant direction, the Court held that illegal discharge of untreated industrial effluents causes damage not only to water bodies and government land but also to livelihoods, habitats and human life.
The Bench directed the State government to explain its failure to invoke graver penal provisions.
Observing that the allegations disclosed serious criminal offences, the Court held: "Having taken note of the overall facts as available on record, we are of the firm opinion that the acts alleged are undoubtedly covered by the offences described above. Therefore, the State Government shall immediately initiate the process for invoking these offences in all pending as well as proposed prosecutions."
The Court specifically directed Rajasthan to explain why offences under Sections 272, 326(a) and 326(c) of the Bharatiya Nyaya Sanhita, 2023, as well as provisions of the Prevention of Damage to Public Property Act, 1984, had not been invoked.
Chief Secretary held personally responsible
To ensure compliance with its directions, the Supreme Court held the Chief Secretary of Rajasthan personally responsible for implementing both the present and earlier orders.
The Chief Secretary has also been directed to remain present before the Court through virtual mode on the next date of hearing.
The matter has been listed for further consideration on August 4, 2026.
Background of the Case
By constituting the committee last year, the Court had sought a detailed assessment of the environmental damage, the measures required to control pollution, and the steps needed for restoration of the river ecosystem.
On November 17, the Bench had come down heavily on state authorities while hearing a suo motu matter concerning rising pollution levels in rivers across Rajasthan. The Bench had expressed strong displeasure over what it described as administrative inaction despite clear evidence of environmental degradation. “What has happened is under your nose and with the connivance of all authorities. There is no other way,” Justice Mehta had remarked, signalling the court’s frustration with the state’s failure to curb contamination of major water bodies.
Previously on September 15, the Court had initiated the suo moto proceedings and had noted that the contamination was affecting hundreds of villages along the river and rendering the drinking water non-potable for local communities.
The Bench had considered the reports of widespread pollution, noting that the environmental and health impacts were severe and required immediate judicial attention. It had directed that the matter be placed before the Chief Justice of India (CJI) BR Gavai for appropriate orders, indicating the possibility of constituting a larger Bench or forming a monitoring committee to oversee remedial action. The Court had emphasized that the situation required urgent intervention from both the State Government of Rajasthan and relevant Central authorities to prevent further harm to the affected population and ensure that industries comply with environmental regulations.