The Supreme Court on Tuesday held that the right to pollution-free water is a fundamental right under Article 21 and closed its 2021 suo motu proceedings on remediation of polluted rivers, directing the National Green Tribunal (NGT) to reopen the matter and ensure ongoing monitoring and compliance.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said a specialised environmental body like the NGT is better equipped for continuous oversight and implementation of directions relating to river pollution.
At the outset, the Court questioned why parallel proceedings had been initiated in 2021 when the NGT was already seized of a similar issue.
“Is it possible for this court to look at all the polluted rivers? We can look at it one by one… Why to have a multiplicity of issues like this?” the bench observed, noting that overlapping proceedings affected continuity and uniformity of directions.
Additional Solicitor General Aishwarya Bhati, appearing for the Central Pollution Control Board (CPCB), pointed out the pendency of the matter before the NGT and suggested that the Tribunal could be asked to revive its proceedings.
Accepting the suggestion, the Court held that instead of continuing with the suo motu case, the NGT should ensure compliance with environmental norms and directions.
“It seems to us that instead of issuing suo-motu proceedings, this court should have asked the NGT to ensure compliance with directions till conditions improve. The NGT is not the end of the street, and this court has appellate powers of judicial review,” the bench said.
The Court directed the principal bench of the NGT to reopen the river pollution matter and obtain periodic status reports to ensure effective implementation.
“The responsibility of the NGT does not come to an end by issuing directions. This has to be an ongoing process where state governments, the Centre and private bodies must implement the law… It is imperative for the NGT to direct that status reports are obtained in furtherance of compliance,” the bench said.
The Court was also critical of the NGT’s decision to close its proceedings in 2021 after the Supreme Court took cognisance.
“The Tribunal committed a grave mistake by closing the case in 2021… they are also in a hurry to close it,” the CJI remarked, while Justice Bagchi noted that the Tribunal may have felt “embarrassed” to continue when the top court was seized of the matter.
Reaffirming environmental jurisprudence, the bench held:
“There is no gainsaid that the right to live in hygienic conditions with human dignity, with a clean environment and clean water, is embodied in Article 21.”
Referring to the Water (Prevention and Control of Pollution) Act, the Court emphasised that the CPCB and State Pollution Control Boards are statutorily obligated to ensure that untreated sewage is not discharged into rivers.
The suo motu proceedings titled Remediation of Polluted Rivers were initiated in January 2021 after a plea by the Delhi Jal Board alleged that Haryana was releasing water with high ammonia content into the Yamuna, which became carcinogenic upon chlorination.
The then bench headed by CJI S.A. Bobde expanded the scope of the matter from the Yamuna to all major rivers and issued notices to the Centre and the states of Uttarakhand, Haryana, Himachal Pradesh, Uttar Pradesh and Delhi. The CPCB was directed to identify municipalities lacking functional sewage treatment plants.
However, the present bench noted that the case had seen little progress in the Supreme Court and observed that “much water has flown during the pendency of these proceedings” and that it was unclear whether the condition of the Yamuna had improved.
Closing the suo motu proceedings, the Supreme Court directed the NGT to revive and continue monitoring river pollution, stressing that environmental compliance requires sustained supervision by the specialised tribunal, with the Supreme Court retaining appellate oversight.
