Evan V

The Supreme Court on Tuesday closed the suo motu proceedings initiated in 2021 concerning river pollution, while holding that continued supervision of such environmental compliance issues should be undertaken by the National Green Tribunal (NGT).

A Division Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi observed that the pendency of parallel proceedings before multiple forums had affected consistency and continuity in directions, and accordingly permitted revival of proceedings before the NGT.

During the hearing, the Chief Justice noted the lack of substantive movement in the matter after the Court assumed suo motu jurisdiction, observing: “In 2021 after we took suo motu, this case did not proceed,” he observed.

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The Bench also referred to the procedural consequence of the Supreme Court proceedings remaining pending while the NGT did not continue with effective monitoring. Justice Bagchi noted that the NGT had been “embarrassed” by the pendency of the matter, and the CJI indicated that the tribunal had not proceeded because of the pendency before the Supreme Court, even though no substantial progress had occurred in the suo motu case.

The Chief Justice further indicated that the tribunal had acted in haste in closing the original proceedings in 2021, and underscored that river pollution matters require sustained oversight rather than a one-time adjudicatory exercise.

The suo motu case originally arose from concerns about pollution in the Yamuna River. The scope was later expanded to cover pollution caused by untreated sewage discharge into rivers across different States.

In its order, the Court reaffirmed that the right to live in hygienic conditions, with dignity and a clean environment, is guaranteed under Article 21 of the Constitution.

The Bench also recorded that, under the statutory regime governing water pollution, the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs) are responsible for ensuring that untreated sewage is not released into rivers.

The Court emphasised that the NGT is vested with judicial and quasi-judicial powers in environmental matters and is institutionally suited to undertake continuous monitoring of compliance.

It further observed that the tribunal’s role does not end with issuing directions, and that it must ensure periodic status reporting and implementation by governments and other authorities.

Referring to the lapse of time since institution of the suo motu case, the Chief Justice remarked that “much water has flown” and indicated that, in the absence of updated factual material, the Supreme Court was not in a position to assess present ground realities or measure improvement.

The Bench also observed that, instead of commencing separate suo motu proceedings, the Supreme Court could have directed the NGT to ensure compliance in the first instance. The Court noted: “Multiple and overlapping proceedings affect continuity and uniformity of directions,” the Court observed.

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Holding that the NGT remains the appropriate forum for monitoring issues relating to polluted rivers, the Supreme Court closed the suo motu proceedings and permitted the matter to be pursued before the tribunal.

During the hearing, the CJI also orally remarked on the practical limits of the Supreme Court’s case-by-case monitoring in such matters: "Is it possible for this court to look at all polluted rivers? We can look at it one by one. We also keep entertaining so many matters and issue directions. .. we also have to see that we entertain matters together. Why to have a multiplicity of issues like this?" 

Case Title: IN RE REMEDIATION OF POLLUTED RIVERS 

Case No.: SMW(C) No. 1/2021

Bench: Chief Justice Surya Kant and Justice Joymalya Bagchi