The Supreme Court on Tuesday ended its five-year oversight of river pollution caused by sewage discharge, noting that specialized bodies like the National Green Tribunal (NGT) are better equipped to monitor such issues. The court directed all statutory authorities, states and the central government to continue filing status reports before the NGT, as similar proceedings are already pending.
A bench of Chief Justice of India (CJI), Surya Kant, said that for such matters specialized courts like NGT have been set up. Barring the Supreme Court’s January 13, 2021 order on the matter suo motu, the bench, also comprising Justice Joymalia Bagchi, said: “It appears to us that instead of initiating suo motu proceedings, this court should have asked the NGT to monitor the situation until the desired results are reached.”
The court referred to two earlier NGT orders issued in September 2020 and February 2021 wherein the NGT had issued all-India directions to all statutory authorities to address the gaps in generation and treatment of sewage or effluents in rivers by setting up the required number of combined effluent treatment plants (CETPs) and sewage treatment plants (STPs).
“Is it possible to carry out monitoring of all polluted rivers…The main objective of setting up the tribunals was to appoint expert members to decide these issues. Taking suo motu cognizance, NGT may also be reluctant to hear the matter. A lot of water has flowed while awaiting proceedings in the last five years,” the bench asked.
At the same time, the court emphasized that the issue of clean drinking water goes to the roots of the right to life and dignity – a fundamental right protected by Article 21 of the Constitution of India. “Water is a basic need for the survival of human beings, and the right to life and human rights under Article 21 can be meaningfully served by providing a source of water in the absence of one,” the bench said.
Additional Solicitor General (ASG) Aishwarya Bhatti, appearing for the Centre, said that since the case is also pending before the NGT, the government can submit the latest status reports either to this court or the NGT.
“We are of the view that the multiple overlapping proceedings create uncertainty as to the nature of the proceedings. The NGT order is subject to final review by this court. In view of the above, we are satisfied that the time has come to close the proceedings suo motu and allow reopening of the proceedings before the court, which is apparently closed,” the bench said.
The court reminded NGT that under the NGT Act, the court has broad powers to ensure that statutory authorities, pollution boards, municipalities and local bodies strictly comply with all environmental laws.
“NGT’s responsibility does not end with passing an order. This has to be a continuous process and if states, pollution boards or private players create hurdles in implementing the NGT Act or orders, it becomes necessary for NGT to ensure that necessary directions are issued from time to time,” it said.
The court directed all state and federal authorities, along with the Central Pollution Control Board (CPCB) to submit fresh status reports to the NGT and left it to the discretion of the court to issue further directions on consideration of these reports.
What prompted the Supreme Court to take suo motu cognizance in January 2021 was the petition filed by the Delhi Jal Board (DJB) to restrain the Haryana government from discharging pollutants into the Yamuna river. The DJB noted that the ammonia level in the river water flowing through Delhi has reached alarming levels, which cannot be addressed by the CETP/STP set up by the DJB.
“We are of the view that in addition to the issue raised by the present petition, it would be appropriate for us to take suo motu cognizance with regard to the issue of pollution of rivers by effluent sewage and ensure implementation of the mandate by municipalities insofar as discharge of sewage into rivers is concerned,” the bench said. The beginning was by dealing with the issue of pollution in the Yamuna River.
The court appointed senior advocate Meenakshi Arora as amicus curiae along with advocate Vanshaja Shukla to assist in the matter.
