NEW DELHI: Since the right to pollution-free water is a fundamental right, the Supreme Court on Tuesday ended its 2021 suo motu proceedings on tackling polluted rivers and directed the apex body of the National Green Tribunal to reopen the matter and ensure continuous monitoring.
Initially, the Supreme Court objected to its January 13, 2021 order initiating parallel proceedings by taking suo motu cognizance of effluent pollution of rivers when the National Green Tribunal in New Delhi had already heard a similar matter.
“Is it possible for this court to look at all the polluted rivers? We can look at them one by one. As we keep dealing with so many matters and issuing directions…we also have to see that we handle things together. Why do we have so many cases like this?” A bench comprising Chief Justice Surya Kant and Justice Joymalia Bagchi said.
She made this observation when Additional Solicitor General Aishwarya Bhatti, appearing before the Central Pollution Control Board, pointed out that there was a similar case before the NGT.
The law officer urged the bench to consider whether it wanted to continue the hearing or whether the NGT could be asked to revive the hearing.
After listening to the parties for some time, the National Tribunal directed the matter to be reopened, stressing that there is a specialized body better equipped for the continuous monitoring required to save the rivers.
“It appears to us that instead of issuing suo motu proceedings, this court should have asked the NGT to ensure compliance with the directions until circumstances improve. The NGT is not the end of the road, and this court has appellate powers of judicial review.”
“In light of the above, we consider that the proceedings should be closed on their own initiative and the proceedings should be reopened before the court,” the statement read.
The bench noted that the suo motu proceedings were initiated in 2021 when an issue regarding increasing pollution level in the Yamuna River in Delhi came before it.
It said the authority looked into the Yamuna river pollution first and issued notices to Uttarakhand, Haryana, Himachal Pradesh, Uttar Pradesh, Delhi and the Centre.
“There is no denying that the right to live in healthy conditions with human dignity, in a clean environment and clean water, is enshrined in Article 21…The impact of water pollution on human health has drawn the attention of this Court.
“Under the legislative scheme, the CPCB and SPCB are legally bound to take all necessary measures to ensure that sewage is not discharged into rivers unless it is fully treated and will not deteriorate the water quality,” he said.
The NGT is empowered to perform its judicial and quasi-judicial duties, the bench said.
“Large quantities of water have flowed during the period of these measures. In the absence of any new order, we are not sure whether the condition of Yamuna water has improved,” she said.
“The responsibility of the NGT does not end with issuing directions. This should be a continuous process where the state governments. The Center and private bodies must implement the law or the NGT directions. It is necessary for the NGT to obtain status reports to enhance compliance,” he said.
The court said that the “multiple and overlapping procedures” affected the continuity and nature of unifying trends.
After listening to the parties for some time, the National Tribunal directed the matter to be reopened, stressing that there is a specialized body better equipped for the continuous monitoring required to save the rivers.
While the Supreme Court filed the suo motu case in 2021 to address the pollution of the Yamuna river due to effluent sewage, the case has seen little progress in the Supreme Court since then, the CJI said.
The bench also criticized the NGT’s decision to close its oversight of river pollution after the Supreme Court got an automatic nod in 2021.
Justice Joymalia Bagchi said the NGT may have felt “embarrassed” to continue the proceedings while the matter was heard by the Supreme Court.
“The court has made a grave mistake by closing the case in 2021… They are also in a hurry to close it,” the CJI said, adding that the NGT’s responsibility does not end once it issues directions.
“This should be a continuous process where state governments, the Center or private bodies have to implement the law. It is imperative that the NGT ensures status reports to enhance compliance,” he said.
She further stressed that under the Water Act, the CPCB and state pollution control boards are legally bound to ensure that untreated sewage is not discharged into rivers.
The suo motu case, titled ‘Treatment of polluted rivers’, was filed in January 2021 on a petition by the Delhi Jal Board. The DJB alleged that Haryana was releasing water with high ammonia content into the Yamuna river, which became carcinogenic when treated with chlorine.
The then board, headed by CJI SA Bobde, extended the scope from the Yamuna to all major rivers, and issued notifications to the central government, Uttarakhand, Haryana, Himachal Pradesh, Delhi and Uttar Pradesh.
The CPCB is tasked with identifying municipalities that lack effective sewage treatment plants.
This article was generated from an automated news feed without any modifications to the text.
