SC pulls up Rajasthan over Jojari river pollution, warns of CBI probe

The Supreme Court on Monday (October 26, 2026) pulled up the Rajasthan government over the role of its officials in facilitating illegal mining affecting the Jojari-Luni-Bandi river system, observing that mining leases had been regularised even after violations were detected. The court warned of a Central Bureau of Investigation (CBI) probe if the State failed to take remedial steps to address the environmental damage.

“What have you done about providing statistics on illegal mining in the rivers? When illegal mining was pointed out, your officers went ahead and regularised those leases. If you don’t pull up your socks and mend your ways, we will be compelled to direct a CBI investigation. That would land many of your officers in hot water,” a Bench of Justices Vikram Nath and Sandeep Mehta told Additional Solicitor General S.V. Raju, appearing for the Rajasthan government.

The oral observations came during suo motu proceedings initiated by the top court last year following a news report flagging alarming levels of pollution in the Jojari river, which serves as a lifeline for nearly two million people in Rajasthan.

The court had earlier directed the State government to “seal and dismantle” all illegal and unauthorised discharge points into the river, including bypass arrangements, manholes, chambers, pipelines and conduits. The authorities were also directed to initiate appropriate proceedings against landowners or occupiers, as well as State officials, responsible for the lapses.

Mr. Raju informed the Bench on Monday (October 26, 2026) that cases had been registered over illegal mining and that the State government was taking steps to halt industrial activities along the three rivers and prevent industrial waste from being discharged directly into the river system.

The Bench, however, questioned the “bona fides” of State officials, pointing out that areas where illegal mining had earlier been detected were subsequently regularised through the grant of mining leases.

“You say that you have registered FIRs. How do you maintain the river flow if you are giving contiguous leases? We fail to understand the bona fides of your officers… You are equally responsible for the pollution by closing your eyes and supporting this illegal activity,” Justice Mehta remarked.

The Bench said it would issue detailed directions in the matter and asked the State, in the meantime, to place before it a concrete financial proposal for establishing common effluent treatment plants (CETPs) equipped with zero-liquid-discharge (ZLD) technology.

Justice Mehta made it clear that the State could not leave the task of restoring the rivers entirely to industries and municipal bodies when its own authorities had failed to discharge their regulatory obligations.

“Mr. Raju, you have to convey to the State that ultimately, the polluter pays principle will apply equally to the State as well as to the industries. So, as the State and its officials have apparently failed to discharge their obligations, we will cast the first burden on the State now,” he said.

The Bench indicated that the State would have to bear part of the cost of setting up treatment facilities and laying pipelines through which treated water could be recirculated to industrial units. The industries, too, would be required to contribute towards the measures.

The court gave the State until the next hearing on November 27 to place its proposal on record. It also underlined that the economic viability of industries could not take precedence over the consequences of pollution for residents dependent on the river system.

“Making 20 lakh people live in hell cannot be compared with your economic viability and economic sustenance of a few thousand people,” Justice Mehta remarked.

The State government was accordingly asked to place before the court a workable plan for restoring the river system and ensuring that industries operate in compliance with environmental norms.

In August, the Supreme Court prohibited construction and development within 100 metres of the banks of the three rivers. It also barred hazardous industries and activities within 500 metres on either side of their existing flood lines.

The court subsequently constituted a committee headed by Justice R.M. Lodha in November to draw up a restoration and rejuvenation plan for the Jojari-Luni-Bandi river system.

It has also set up an Integrated Coordination Group and a River Rejuvenation Commission or Authority, both under the chairmanship of the Rajasthan Chief Secretary. The two bodies have been tasked with scientifically demarcating the high flood lines of the three rivers and identifying encroachments along the rivers and their basins.