Rajasthan river pollution: Supreme Court orders creation of special courts to prosecute polluting industries

The Supreme Court recently directed the Rajasthan High Court to establish special courts in Jodhpur, Pali and Balotra to prosecute entities responsible for the severe pollution of the Jojari, Bandi and Luni rivers [In Re: 2 Million Lives At Risk, Contamination In Jojari River, Rajasthan].

A bench of Justices Vikram Nath and Sandeep Mehta ordered the immediate closure of any industrial unit or common effluent treatment plant found violating pollution control norms or discharging untreated effluents.

The Court also barred the pollution control board from granting consent to establish or operate any hazardous industry along the riverbanks.

The order was passed after reviewing the first status report submitted by the High-Level Ecosystem Oversight Committee, which was constituted by the Court in November 2025 to supervise river restoration efforts.

The Committee's report detailed widespread environmental devastation across Jodhpur, Pali and Balotra.

It found that industrial effluents and untreated municipal sewage were being continuously discharged directly into the river systems through drains, hidden pipelines and tankers.

The inspection teams observed large-scale submergence of agricultural lands, contamination of ancient drinking water wells, and adverse health impacts on local livestock.

The bench noted that the State's failure to undertake timely remedial measures had allowed the situation to deteriorate to a critical state.

"The material placed before this Court paints a deeply disturbing picture of prolonged and inexcusable apathy… The present state of environmental degradation is not the consequence of any sudden or unforeseen development, but is the cumulative result of sustained neglect and...regulatory inaction on the part of the State of Rajasthan, its departments, instrumentalities and corporations, as well as the RIICO," the Court said.

The Court also criticised the State government for failing to even provide necessary administrative staff to the oversight Committee for three months, calling it a reflection of the State's lack of seriousness.

The Court also found evidence of deliberate attempts to conceal the pollution. It observed that freshly laid soil and earthen bunds were used to cover up sludge and contaminated water just before the Committee's inspections, and tire tracks showed heavy vehicles had been moved into the riverbed to obscure evidence.

The bench strongly condemned these cover-up efforts, stating they were intended to defeat the purpose of regulatory oversight.

"Such acts cannot be brushed aside as inadvertent or incidental. Rather, they reflect a conscious attempt to manipulate ground realities and present a sanitised picture before the Committee," the bench held.

The Court emphasised that the contamination had severely restricted the availability of potable water, forcing residents to rely on irregular tanker supplies. It held that access to clean drinking water is an integral part of right to life under Article 21 of the Constitution.

"The right to access clean drinking water is an integral facet of the right to life under Article 21 of the Constitution of India, and cannot be compromised on account of administrative inaction or environmental neglect," the Court noted.

The judges also highlighted a systemic failure where existing effluent treatment plants were operating far below their installed capacities, while industries bypassed these facilities to directly discharge toxic waste into the rivers.

The Court noted that this exposed a total collapse of the regulatory mechanisms meant to monitor industrial compliance.

To ensure compliance, the Court issued a slew of interim directions:

• Establishment of Special Courts: The Rajasthan High Court was requested to set up special courts in Jodhpur, Pali and Balotra for the speedy trial of environmental violations.

• Immediate Closures: Any treatment plant or industrial unit violating norms must be shut down immediately. Repeat offenders will require the Supreme Court's permission to resume operations.

• Sealing Discharge Points: All illegal discharge points, hidden pipelines, and drains dumping untreated waste into the rivers must be sealed instantly.

• Action Against Illegal Units: Industries operating illegally on agricultural or residential land must be closed and the land must be restored to its original use.

• Crackdown on Tankers: Tankers illegally transporting and dumping toxic effluents must be seized and the owners prosecuted.

• River Restoration: The State must scientifically map and restore the natural flow path of the Jojari river to stop contaminated water from stagnating and spreading into nearby agricultural lands.

• No New Polluting Industries: The pollution control board is barred from granting consent to establish or operate any hazardous industry along the riverbanks.

• Zero Liquid Discharge (ZLD): All industrial and municipal treatment infrastructure must be strictly upgraded and operated on ZLD principles, meaning no wastewater should enter the rivers.

• Upgrading Monitoring Technology: The pollution control board must shift from estimating wastewater based on fabric type to a precise, machinery-based system within two months.

• Multi-Disciplinary Assessment: The State must form an expert panel to study the epidemiological, ecological, and economic impacts of the pollution and create a compensation framework for the affected populations.

• Artisan Rehabilitation: A structured rehabilitation or relocation model must be developed within three months for local tie-and-dye textile artisans.

• CSR Funding: A senior official from the HPCL Rajasthan Refinery Project must consult with the Committee to explore using its corporate social responsibility funds to build new treatment infrastructure.

• Action Against Officials: The State must identify and initiate disciplinary proceedings against government officers who were complicit or negligent in allowing the pollution.

The matter will be heard next on July 21 when the oversight committee will submit a further status report.

[Read Order]