Introduction

The case of Saurabh Tiwari v. Union of India was adjudicated by the National Green Tribunal (NGT) on November 23, 2021. This landmark judgment addresses the severe pollution of the Varuna and Assi rivers in Varanasi, two significant tributaries of the sacred River Ganga. The petitioner, Saurabh Tiwari, brought forth concerns regarding the discharge of untreated sewage and unauthorized constructions leading to the deterioration of these rivers. Given the intrinsic link between the health of tributaries and the overall cleanliness of the Ganga, this case holds profound implications for environmental governance and river rejuvenation efforts in India.

Summary of the Judgment

The NGT, presided over by Chairman Hon'ble Mr. Justice Adarsh Kumar Goel and other esteemed members, examined the extensive pollution levels in the Varuna and Assi rivers. The Tribunal acknowledged the gravity of fecal coliform contamination, with counts exceeding permissible limits by several orders of magnitude. Citing various media reports and expert analyses, the Tribunal underscored the urgent need for remedial measures to restore the ecological balance of these water bodies. In response, the NGT mandated the formation of an independent Monitoring Committee comprising entities like the Central Pollution Control Board (CPCB), State PCB, National Mission for Clean Ganga (NMCG), and the District Magistrate of Varanasi. This committee was tasked with formulating and executing a comprehensive action plan to mitigate pollution and rejuvenate the rivers.

Analysis

Precedents Cited

The judgment extensively referenced pivotal cases and guidelines that shaped its directives:

• Paryavaran Suraksha Samiti v. Union Of India (O.A. No. 593/2017): This Supreme Court case emphasized the state's responsibility in environmental protection and set precedents for monitoring and remediation activities.
• O.A. No. 673/2018: A prior NGT order focusing on pollution control in water bodies, highlighting the need for independent oversight and structured action plans.
• M.C. Mehta v. Union of India (O.A. No. 200/2014): A landmark judgment on River Ganga's rejuvenation, which necessitates clean tributaries for effective purification.

These precedents collectively underscored the judiciary's proactive stance in environmental conservation, reinforcing the mandate for robust action plans and inter-agency collaboration.

Legal Reasoning

The Tribunal's legal reasoning was grounded in the principle that effective cleansing of the Ganga is contingent upon the pollution control of its tributaries. By present evidence, the Varuna and Assi rivers exhibited fecal coliform levels vastly exceeding safe limits, posing significant health and ecological risks. The court recognized that unauthorized constructions and untreated sewage discharges were primary culprits exacerbating the pollution levels.

The Tribunal advocated for a multi-faceted action plan encompassing:

1. Desilting and remediation of wetlands to restore natural water flow and filtration.
2. Implementation of Constructed Wetland Systems (CWS) to treat wastewater effectively.
3. Development of Biodiversity Parks to enhance ecological balance and provide recreational spaces.
4. Comprehensive sewage management, including upgrading existing Sewage Treatment Plants (STPs) and expanding sewerage networks.
5. Industrial pollution control measures, particularly targeting textile and manufacturing sectors.
6. Robust solid waste management protocols to prevent waste accumulation near riverbanks.

The Tribunal emphasized institutional coordination among various governmental bodies, leveraging the Namami Gange project framework to ensure sustained and effective implementation.

Impact

This judgment sets a stringent framework for river pollution control, particularly in how tributaries are managed to ensure the overall cleanliness of major rivers like the Ganga. The mandated action plans serve as a blueprint for future cases involving river pollution, emphasizing:

• Holistic River Management: Recognizing the interconnectedness of tributaries and main rivers in ecological health.
• Inter-Agency Collaboration: Facilitating coordinated efforts among various governmental and environmental bodies.
• Proactive Monitoring: Establishing independent monitoring committees to oversee pollution control measures.
• Community and Public Involvement: Ensuring transparency and public participation through mandated disclosures and accessible information.

Moreover, the emphasis on technological upgrades in sewage treatment and industrial pollution control is poised to drive infrastructure improvements and sustainable practices across the region.

Complex Concepts Simplified

Conclusion

The Saurabh Tiwari v. Union of India Judgment marks a significant milestone in environmental jurisprudence, particularly concerning waterbody pollution in India. By delineating comprehensive action plans and emphasizing inter-agency cooperation, the NGT has set a high standard for river conservation efforts. The focus on tributaries as integral components of the Ganga's health underscores a holistic approach to environmental management.

The Judgment not only addresses immediate pollution concerns but also lays the groundwork for sustainable ecological practices, infrastructure upgrades, and community involvement. Its implementation is poised to influence future legal actions, policy formulations, and environmental strategies, reinforcing the judiciary's pivotal role in safeguarding natural resources.

Ultimately, the effective execution of the Tribunal's directives promises a cleaner, healthier, and more sustainable environment for Varanasi's rivers, setting a precedent for similar initiatives nationwide.