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BABULAL JAJU PEOPLE FOR ANIMALS v. STATE OF RAJASTHAN
Factual and Procedural Background
This matter arises from concerns regarding pollution of the rivers Banas and Kothari, Gandhisagar Talab, Nehru Talai, Mansorovar Lake, and other ponds in District Bhilwara, Rajasthan. The pollution, caused by discharge of industrial and municipal liquid waste, adversely affected inhabitants of 20 adjoining villages. The National Green Tribunal ("Tribunal") sought a factual and action taken report from the Rajasthan State Pollution Control Board ("State PCB") to assess the extent of pollution and remedial measures. Earlier related applications (O.A. No. 111/2016 and O.A. No. 725/2018) were disposed of on the basis of statements by the State PCB regarding remedial action taken. The current application involved review of monitoring reports and further action to prevent ongoing pollution.
Legal Issues Presented
- Whether the State PCB and concerned authorities have effectively monitored and taken adequate remedial action to prevent pollution of the specified water bodies in Bhilwara district.
- Whether the failure to initiate prosecution and recover compensation for continuing pollution, in violation of the Water (Prevention and Control of Pollution) Act, 1974 and the Supreme Court judgment in Paryavaran Suraksha (2017) 5 SCC 326, constitutes a breach of the State's obligation to maintain a pollution-free environment.
- Whether further coercive measures and fixing responsibility of erring officers are warranted to enforce the rule of law in this matter.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. (2017) 5 SCC 326 | Requirement for prosecution of State officers if requisite STPs, ETPs and CETPs are not installed by 31.3.2018 and untreated waste is discharged; obligation to recover compensation for delay in pollution control measures. | The Tribunal noted failure by the State to initiate prosecution or recover compensation despite ongoing pollution, emphasizing breach of rule of law and State's duty to maintain pollution-free environment. The Tribunal reiterated the directions for recovery of compensation as per its earlier order in O.A. No. 593/2017. |
Court's Reasoning and Analysis
The Tribunal examined reports submitted by the State PCB, which confirmed continued pollution of the specified water bodies due to discharge of untreated industrial and municipal waste. The water quality was deficient in parameters such as high sulphate, TDS, hardness, chloride, and iron. Despite some remedial steps including partial sewage treatment and infrastructure projects underway (e.g., construction of sewer networks and sewage treatment plants), the pollution persisted and exceeded prescribed limits. The Tribunal highlighted the absence of prosecution against State officers and lack of compensation recovery, which violates the Water (Prevention and Control of Pollution) Act, 1974 and the binding Supreme Court precedent in Paryavaran Suraksha. The Tribunal emphasized the need for continued monitoring and enforcement, directing the State PCB to submit further monitoring reports and calling for higher authorities to fix responsibility of erring officers and initiate coercive measures to ensure compliance with environmental laws.
Holding and Implications
The application is disposed of.
The Tribunal ordered continued monitoring of pollution levels by the State PCB and mandated submission of further reports. It underscored the failure of the State to enforce environmental laws through prosecution or compensation recovery, constituting a breach of its obligation to maintain a pollution-free environment. The Tribunal directed higher authorities to take necessary coercive actions and hold responsible officers accountable. The order was communicated to the Chief Secretary of Rajasthan, the State PCB, and the District Magistrate for compliance. No new precedent was established; the decision enforces existing legal obligations and prior judicial directives.
Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing) Original Application No. 488/2019 (With report dated 10.12.2020) Babulal Jaju, People for Animals Applicant(s) Versus
State of Rajasthan Respondent(s) Date of hearing: 22.02.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
ORDER
1. A factual and action taken report was sought from the Rajasthan State Pollution Control Board ("State PCB") with reference to the
pollution of rivers Banas and Kothari and Gandhisagar Talab, Nehru Talai, Mansorovar lake and other ponds in District Bhilwara, Rajasthan adversely affecting the inhabitants of 20 adjoining villages, by discharging of industrial and municipal liquid waste.
2. The matter was thereafter considered on 26.06.2020 in the light of report of the State PCB dated 03.03.2020 mentioning the extent of pollution. It was observed:
"2. Accordingly, a report has been filed by the State PCB on 03.03.2020 mentioning the extent and sources of pollution. Reference has also been made to remedial action take in pursuance of orders of this Tribunal in other proceedings on the issue being O.A. No. 111/2016 and O.A. No. 725/2018.
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3. It is further stated that the water quality, at the time of inspection leading to the said report, was found to be deficient in certain respects viz., high sulphate value and TDS. The river stretch downstream of village Mandpiya, Bhilwara is affected by discharge of untreated effluents in Guwardi Drain, from villages located along the bank of river Banas. It is further stated that high hardness, TDS, Chloride, Sulphate and Iron values were reported in water samples near the house of Vijay Singh Rathore, village - Gurha/Gudda, Tehsil- Mandal, District - Bhilwara. Further, on survey and sampling of Gandhisagar Talab, Nehru Talab, Mansarovar Lake and other ponds, it was found:-
"a) Four Sluice gates are provided at the entrance of drains entering Nehru Talai (three numbers) and Gandhisagar Talab (one number).
b) Still, a considerable quantity of Municipal Sewage was being observed in the Gandhisagar Talab and Nehru Talai coming from adjacent colonies. However, comparatively less quantity was observed in drains terminating in Mansarovar Lake.
c) In the Gandhisagar Talab, five surface aerators were provided to maintain the oxygen level, out of which only one was found operational.
d) Approximately 45 MLD municipal liquid waste is being generated from Bhilwara City (according to RUIDP letter dated 18.01.2019), a part of which is being treated by Sewage Treatment Plant (STP) of 10 MLD capacity located at Village - Kuwada, Tehsil and District - Bhilwara operated by M/s Jindal Saw Ltd. which is being pumped through a 23 km pipeline for reusing in their beneficiation plant. For treating remaining domestic sewage, RUIDP is constructing a STP of 30 MLD capacity at Village - Kuwada, Tehsil and District - Bhilwara (near, Jindal Saw STP) which shall be completed tentatively by 20.08.2020 as informed by Superintending Engineer, RUIDP, vide letter no. RUIDP PH-III/ BHL/692 dated 18.01.2019."
4. The report also mentions that on analyzing surface water in Bhilwara city, BOD results of Gandhisagar and Nehru Talab were exceeding the prescribed limits. The State PCB directed the Municipal Council, Bhilwara to provide report in respect of untreated municipal water being discharged, along with a factual and action taken report and current status.
5. We find that O.A. No. 111/2016 and O.A. No. 725/2018 were earlier disposed of, after recording statement on behalf of the State PCB that requisite remedial action had been taken.
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6. The above report shows that while certain steps may have been taken earlier, further monitoring needs to be continued by the State PCB in coordination with concerned authorities to prevent pollution of the water bodies involved. Let the same be done. A report of further monitoring may be filed by the State PCB after three months by 31.10.2020 by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
3. Accordingly, further report has been filed by the State PCB on 10.12.2020 giving the analysis of water sources along the Kothari and Banas river stretches. The report states that the State PCB issued directions to the Municipal Council, Bhilwara to take effective action to prevent pollution. Status reported vide letter dated 24.09.2020 by the Rajasthan Urban Infrastructure Development Program (RUIDP) is as follows:
"5. xxx………………………………..xxx………………………….xxx
a) The Sewage Network proposed under RUIDP includes the surrounding area of lake namely Nehru Talab (Love Garden) and Gandhisagar Talab.
b) A Sewer Network of 410.0 Km is to be laid down in the main City Area and 42.81% progress is done, till date, this work is likely to be completed up to 31.12.2021.
c) Progress of Construction work of Sewerage Treatment Plant (30 MLD capacity) is 69.13% till date and this work is likely to be completed up to 30.06.2021.
d) Progress of Construction work of Sewerage Pumping Station (48 MLD capacity) is 70.91% till date and this work is likely to be completed up to 30.06.2021"
4. The above report shows that though offence of pollution is openly taking place in violation of the provisions of the Water (Prevention and Control of Pollution) act, 1974 and judgement of the Hon'ble Supreme Court in Paryavaran Suraksha (2017) 5 SCC 326, requiring prosecution of the State officers if by 31.3.2018, requisite STPs, ETPs and CETPs are not installed and untreated waste is discharged in water bodies, neither any prosecution is shown to have been initiated nor compensation for continuing pollution is being assessed and recovered. This is failure of
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rule of law and breach of obligation of the State to maintain pollution free environment, to the prejudice of the citizens. Further, the Tribunal, vide order dated 28.08.2019 in O.A. No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors., directed recovery of compensation for the delay in commencing and setting up of STPs, ETPs and CETPs as per schedule laid down therein. The said order has been reiterated today by a separate order in the said matter.
5. Let further action be ensured for enforcement of rule of law by the concerned higher authorities, fixing responsibility of the erring officers and initiating necessary coercive measures.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Rajasthan, the State PCB and the District Magistrate by e-mail for compliance.
Adarsh Kumar Goel, CP
S.K. Singh, JM
Dr. Nagin Nanda, EM
February 22, 2021
Original Application No. 488/2019
DV
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