The Supreme Court on Tuesday ended its five-year monitoring of contamination of rivers due to sewage effluents through a suo motu proceeding, and directed all statutory authorities, states, and the Centre to continue filing status reports before the National Green Tribunal (NGT), where similar proceedings are already pending.
A bench led by Chief Justice of India (CJI) Surya Kant said specialised tribunals such as the NGT were created to deal with such matters. Taking exception to the January 13, 2021 order of the top court taking suo motu cognisance of the issue, the bench, also comprising justice Joymalya Bagchi, said, “It seems to us that instead of initiating suo motu proceedings, this court ought to have asked the NGT to monitor the situation till the desired results are achieved.”
The court referred to two past NGT orders passed in September 2020 and February 2021, in which the tribunal issued pan-India directions to all statutory authorities to address gaps in the generation and treatment of sewage and effluents discharged into rivers by setting up the requisite number of common effluent treatment plants (CETPs) and sewage treatment plants (STPs).
The bench said, “Is it feasible to take up monitoring of all polluting rivers? The very purpose of creating tribunals was to have expert members decide these issues. After we took suo motu cognisance, probably the NGT was also reluctant to hear the matter. Much water has flowed during the pendency of these proceedings in the past five years.”
At the same time, the court emphasised that the issue of clean drinking water goes to the root of the right to life and dignity, a fundamental right protected under Article 21 of the Constitution. “Water is a basic need for the survival of human beings and the right to life under Article 21 can be meaningfully served by providing a source of water where there is none,” the bench said.
Additional solicitor general (ASG) Aishwarya Bhati, appearing for the Centre, submitted that since the issue is also pending before the NGT, the government could submit the latest status reports either to this court or to the tribunal.
The bench observed, “We are of the view that multiple overlapping proceedings create uncertainty about the nature of the proceedings. The orders of the NGT are subject to final review by this court. In light of the above, we are satisfied that it is high time the suo motu proceedings be closed and that the proceedings before the tribunal, which appear to have been closed, be allowed to reopen.”
The court reminded the NGT that the tribunal has vast powers to ensure that statutory authorities, pollution control boards, municipalities, and local bodies meticulously comply with environmental laws.
“The responsibility of the NGT does not come to an end by passing an order. This has to be an ongoing process, and if states, pollution boards, or private players create impediments in fulfilling the law or the orders of the NGT, it becomes imperative for the tribunal to issue necessary directions from time to time,” the bench said.
The court directed all authorities of the states and the Union government, along with the Central Pollution Control Board (CPCB), to submit fresh status reports to the NGT, and left it to the tribunal’s discretion to issue further directions upon consideration of these reports.
The court had taken suo motu cognisance in January 2021 following a petition filed by the Delhi Jal Board (DJB) seeking to restrain the Haryana government from discharging pollutants into the Yamuna. The DJB had pointed out that ammonia levels in the river water flowing through Delhi had reached alarming proportions, which could not be treated by the CETPs and STPs set up by it.
The bench had then observed, “We find that in addition to the issue raised by the present petition, it will be appropriate to take suo motu cognisance with regard to the issue of contamination of rivers by sewage effluents and ensure that the mandate is implemented by municipalities as far as discharge of sewage into rivers is concerned.” The proceedings had initially focused on contamination of the Yamuna.
The court had appointed senior advocate Meenakshi Arora as amicus curiae, along with advocate Vanshaja Shukla, to assist in the matter.