New Delhi, February 24 Observing that the right to clean water is a fundamental right, the Supreme Court on Tuesday closed its 2021 suo motu proceedings on the remediation of polluted rivers and directed the principal bench of the National Green Tribunal (NGT) to reopen the matter and ensure continued monitoring.
Initially, the top court questioned its January 13, 2021, order to initiate parallel proceedings by taking suo motu cognizance of the contamination of rivers by effluent, when the National Green Tribunal (NGT) in New Delhi was already dealing with a similar matter.
"Can this court look at all the polluted rivers? We can examine them one by one. We also handle numerous cases and issue directions...we must also ensure that we handle cases together. Why have so many overlapping issues like this?" a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.
This observation came during a reference by Additional Solicitor General Aishwarya Bhati, representing the Central Pollution Control Board (CPCB), regarding the pendency of a similar issue before the NGT.
The lawyer urged the bench to consider whether to continue the hearings or if the NGT could be asked to revive them.
After hearing the parties for some time, the bench directed the NGT to reopen the matter, emphasizing that a specialized body is better equipped for the continuous monitoring required to save the rivers.
"We believe that instead of initiating suo motu proceedings, this court should have asked the NGT to ensure compliance with directions until conditions improve. The NGT is not the end of the road, and this court has appellate powers of judicial review.
"Given this, we believe that the suo motu proceedings should be closed and the proceedings before the tribunal should be allowed to continue," it said.
The bench noted that the suo motu proceedings were initiated in 2021 when a matter related to increased pollution in Delhi's Yamuna River came before it.
It stated that the bench had considered the contamination of the Yamuna first and had issued notices to Uttarakhand, Haryana, Himachal Pradesh, Uttar Pradesh, Delhi, and the Centre.
"There is no doubt that the right to live in hygienic conditions with human dignity, in a clean environment and with clean water, is enshrined in Article 21... the impact of water pollution on human health has drawn the attention of this court," it said.
The bench further stated that under the legislative scheme (water), the CPCB and the State Pollution Control Boards were statutorily obligated to take all necessary measures to ensure that sewage effluent is not discharged into rivers unless it is completely treated and will not deteriorate the quality of water.
The bench said that the NGT is empowered to perform judicial and quasi-judicial duties.
"A great deal has transpired during the pendency of these proceedings. In the absence of any new orders, we are unsure whether the condition of the Yamuna water has improved," it said.
"The responsibility of the NGT does not end with issuing directions. This has to be an ongoing process where state governments, the Centre, and private bodies must implement the law or directions of the NGT. It is imperative for the NGT to direct that status reports are obtained to ensure compliance," it said.
The bench further highlighted that "multiple and overlapping proceedings" affected continuity and uniformity of directions.
After hearing the parties for some time, the bench directed the NGT to reopen the matter, emphasizing that a specialized body is better equipped for the continuous monitoring required to save the rivers.
The CJI said that while the top court initiated the suo motu case in 2021 to address the contamination of the Yamuna by sewage effluents, the case had seen little progress in the top court since then.
The bench was also critical of the NGT's decision to close its own oversight of river pollution after the top court took suo motu cognizance in 2021.
Justice Joymalya Bagchi said the NGT might have felt "embarrassed" to continue proceedings while the top court was seized of the matter.
"The Tribunal committed a grave mistake by closing the case in 2021... they are also in a hurry to close it," the CJI said, adding that the NGT's responsibility does not end with merely issuing directions.
"This has to be an ongoing process where state governments, the Centre, or private bodies must implement the law. It is imperative for the NGT to ensure status reports are obtained in furtherance of compliance," it said.
It further highlighted that under the Water Act, the CPCB and State Pollution Control Boards are statutorily obligated to ensure that no untreated sewage is discharged into rivers.
The suo motu case, titled 'Remediation of Polluted Rivers', was originally triggered in January 2021 by a petition from the Delhi Jal Board (DJB). The DJB had alleged that Haryana was releasing water with high ammonia content into the Yamuna, which became carcinogenic when treated with chlorine.
The then bench, headed by CJI SA Bobde (since retired), had widened the scope from the Yamuna to all major rivers, issuing notices to the central government and Uttarakhand, Haryana, Himachal Pradesh, Delhi, and Uttar Pradesh.
The CPCB was tasked with identifying municipalities that lacked functional Sewage Treatment Plants (STPs).