Supreme Court Bans Construction Within 100 Metres of Rajasthan's Jojari River
NEW DELHI: The Supreme Court on Monday imposed an interim ban on all construction and development activity within 100 metres of the edge of Rajasthan's Jojari river, citing serious ecological degradation and the need to protect the riverine ecosystem. The order was passed by a Bench of Justices Vikram Nath and Sandeep Mehta in a suo motu case concerning contamination of the river.
The court said the restriction would remain in force pending the scientific determination and demarcation of the high flood line and ecological buffer zones. The Bench stated it was necessary to put in place an "interim, definite and measurable area of protection" to safeguard the riverine ecosystem during the pendency of the scientific exercise.
As an additional interim safeguard, the court barred hazardous industries or activities with the potential to cause pollution, contamination, or damage to the river ecosystem within 500 metres on either side of the existing flood line, wherever identified, or the present flow path of the river. This restriction will also remain in force until the scientific study is completed.
The court had earlier flagged pollution in the Jojari, Bandi, and Luni rivers. The Jojari flows through Jodhpur, the Bandi through Pali, and the Luni through Balotra, with the Bandi and Jojari merging with the Luni near Balotra city.
The matter has been posted for further hearing on September 22, with the court directing the state to file a status report.
Background and Earlier Orders
On August 7, the Supreme Court directed the Rajasthan government to constitute an Integrated Coordination Group (ICG), headed by the chief secretary, within a week to address contamination in the Jojari, Bandi, and Luni rivers. The court also ordered the formation of a River Rejuvenation Commission.
The ICG was tasked with identifying encroachments and demarcating the high flood line for every river. The court clarified that the ICG is an internal arrangement and does not overlap with the functions of a high-powered committee headed by former High Court judge, Justice (retd.) Sangeet Lodha, which was set up to examine pollution in the same river system.
The court directed the ICG to coordinate with the high-powered committee and develop a Comprehensive Resolution Plan. The ICG was also asked to carry out a survey for the removal of encroachments and illegal mining sites within riverbeds and ecological buffer zones.
Concerns Over Industrial Pollution
The suo motu case concerns contamination that has affected around two million residents in the water-starved state. The Supreme Court has previously noted the "widespread destruction of the riverine ecosystem" and the "serious ecological degradation" caused by industrial effluents.
The Justice Lodha committee provided instances of grave industrial pollution, with chemical waste being dumped directly into the river. The court also observed that the entire industrial area in Pali is located along the river bank and suggested that, in the long run, state authorities may have to consider relocating industries away from the river.
"Let the State come out with a resolution plan," the court had said, as it continues to monitor the situation in the coming weeks.
The Bench also allowed the release of accumulated water at Balotra, a measure aimed at easing the river's flow. The court has assigned the project to a National University for further study.