Supreme Court closes suo motu case on polluted rivers; says matter should have been left to NGT

The Supreme Court on Tuesday closed suo motu proceedings it had initiated in 2021 concerning polluted rivers, observing that the matter ought to have been left to the National Green Tribunal (NGT).

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi held that multiple proceedings on such issues before the Court as well as the NGT could create confusion.

"Multiple and overlapping proceedings affect continuity and the nature of uniformity of directions. It seems to us that instead of issuing suo-motu proceedings, this court should have asked NGT to ensure compliance with directions till conditions improve," it said.

The Bench proceeded to close the suo motu proceedings, adding that the issue could be reopened before the NGT.

"NGT is not the end of the street. Appellate powers remain for judicial review. In light of the above, we are of the view that the suo motu proceedings be closed and proceedings before the tribunal is allowed to be reopened," it said.

The suo motu proceedings were initiated in 2021 after the Court took note of the increased levels of pollution in the Yamuna river.

The Bench recounted that the Court was concerned with the effect of water pollution on human health. It emphasised that the right to live in hygienic conditions with dignity and a clean environment is part of Article 21 of the Constitution.

However, the Court today expressed reservations about whether it was the right forum to continue examining the matter.

“Is it possible for this Court to look at all polluted rivers? We can look at it one by one. We also keep entertaining so many matters and issue directions. Why have a multiplicity of issues like this?” CJI Kant asked.

The CJI went on to note that after taking suo motu cognisance of the river pollution issue in 2021, the matter did not progress.

“In 2021 after we took suo motu. This case did not proceed,” said CJI Kant.

At this stage, Justice Bagchi observed,

“NGT was embarrassed.”

“We don’t want to say much in open court. Yes, NGT was embarrassed and they did not hear it and we also did not. Tribunal committed a grave mistake by closing the case in 2021… they are also in a hurry to close it,” responded CJI Kant.

The concerns raised about the slow progress in the matter were reflected in today's order as well.

"Much water has flown during the pendency of these proceedings. In the absence of any latest letter, we are not sure if the improved condition of Yamuna water or other points contribute," it said.

The Court further emphasised that the NGT must continue to monitor the issue.

“Responsibility of the NGT does not come to an end by issuing directions. This has to be an ongoing process where the State government, Centre, or private bodies must implement the law or directions of the NGT. It is imperative for NGT to direct that status reports are obtained in furtherance of compliance,” directed the Court.

[Live Coverage]