The Supreme Court on Tuesday ended its five-year monitoring of river pollution due to effluent sewage through a suo motu action, and ordered all statutory authorities, states and the Center to continue filing status reports before the National Green Tribunal (NGT), where similar proceedings are already pending.
A bench led by Chief Justice of India (CJI) Surya Kant said specialized courts like NGT have been set up to deal with such matters. Barring the Supreme Court’s January 13, 2021 order taking suo motu cognizance of the case, 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 achieved.”
The court referred to two earlier NGT orders issued in September 2020 and February 2021, wherein the court had issued pan-India directions to all statutory authorities to address the gaps in the generation and treatment of sewage and effluent discharged into rivers by setting up the required number of combined effluent treatment plants (CETPs) and sewage treatment plants (STPs).
“Is it possible to do monitoring of all polluted rivers? The very purpose of setting up the tribunals was to have the expert members decide these issues. Having taken suo motu cognizance, the NGT may also have been reluctant to hear the matter. A lot of water has flowed while these proceedings were going on in the last five years,” the bench said.
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, which is a fundamental right protected by Article 21 of the Constitution. “Water is a basic need for human survival and the right to life under Article 21 can be meaningfully served by providing a source of water where none exists,” the bench said.
Additional Solicitor General (ASG) Aishwarya Bhatti, appearing for the Centre, submitted that since the case is also pending before the NGT, the government can submit the latest status reports either to this court or to the arbitral tribunal.
“We are of the view that the multiple overlapping proceedings create uncertainty as to the nature of the proceedings. The NGT orders are subject to final review by this court. In view of the above, we are satisfied that the time has come to close the suo motu proceedings and allow the reopening of the proceedings before the court, which appear to be closed,” the bench observed.
The court reminded the NGT that the court has broad powers to ensure that legislative authorities, pollution control boards, municipalities and local bodies strictly comply with environmental laws.
“The responsibility of the NGT does not end with issuance of an order. This has to be a continuous process and if states, pollution boards or private actors create hurdles in implementing the law or the orders of the NGT, it becomes necessary for the court to issue necessary directions from time to time.”
The court directed all state authorities and the Union government, along with the Central Pollution Control Board (CPCB), to submit fresh status reports to the NGT, leaving it to the court’s discretion to issue further directions while considering these reports.
The court got suo motu approval in January 2021 following a petition filed by the Delhi Jal Board (DJB) seeking to stop the Haryana government from discharging pollutants into the Yamuna river. The DJB has pointed out that ammonia levels in the river water flowing through Delhi have reached alarming levels, which cannot be addressed by the CETPs and STPs it has set up.
Thereafter, the bench observed, “We are of the view that in addition to the issue raised by the present petition, it would be appropriate to take suo motu cognizance with regard to the issue of pollution of rivers by effluent sewage and ensure that the mandate is implemented by the municipalities insofar as discharge of sewage into rivers is concerned.” The measures initially focused on pollution of the Yamuna River.
The court appointed Senior Advocate Meenakshi Arora as amicus curiae, along with Advocate Vanchaja Shukla, to assist in the case.
