Supreme Court orders Rajasthan to seal illegal discharge points: A practical reader guide

Supreme Court orders Rajasthan to seal illegal discharge points: A practical reader guide

The Supreme Court has directed the Rajasthan government to seal and dismantle all illegal discharge points into the Jojari-Luni-Bandi river system and recover environmental compensation from polluters for the entire period of violations, while calling for a shift from a reactive to a proactive approach to tackling environmental damage.

The court said environmental issues did not merit an incident-based response in which the state bureaucracy reacts only after a violation is reported. The concerned state authorities were also directed to initiate appropriate proceedings against the landowners or occupiers and state officials responsible for the lapses. The latest order is part of a series of directions issued by the court over the past few months to halt industrial activities along the three rivers, strengthen common effluent treatment plants (CETPs) and prevent industrial waste from being discharged directly into the river system. The survey will identify structures that impede or could impede the rivers’ natural flow. The state was also directed to remove such obstructions and put safeguards in place to prevent future construction that could disrupt the flow. The court also focused on river sand mining, another potential impediment to the natural flow of the rivers. The court also directed the state to establish a permanent, district-wise and coordinated enforcement mechanism involving the RSPCB, district administration, police, revenue, transport, local bodies and other concerned agencies. The mechanism must designate nodal officers for regular field surveillance and interdepartmental coordination to ensure prompt action when illegal industrial activities are identified.

The directions form part of suo motu proceedings initiated by the court last year after a news report highlighted alarming levels of pollution in the Jojari river, which serves as a lifeline for a population of 2 million in the state.

In its order issued on September 29 and uploaded recently, the court directed the state government to “seal and dismantle” all illegal and unauthorised discharge points into the river, including bypass arrangements, manholes, chambers, pipelines and conduits. It called for a “fundamental shift” in the approach, requiring the state machinery to anticipate potential environmental risks and act proactively. To maintain the natural flow of the rivers, the court directed the Rajasthan government and the concerned authorities to undertake a “comprehensive technical survey” of all bridges and road crossings across the Luni, Jojari and Bandi river systems and their tributaries.