Supreme Court of India· 21 November 2025
Can an interim stay on a National Green Tribunal remedial order justify State inaction on pollution?
In Re: 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan
2025 INSC 1341
Coram: Sandeep Mehta; Vikram Nath
Answer
No. The stay did not prevent the State Government from continuing to check the flow of untreated effluents, and any genuine grievance ought to have been met by seeking modification or clarification of the order. Using the stay as an excuse to sit idle is utter apathy; the stay was accordingly modified and clarified so as not to restrain the substantive remedial and regulatory directions of the Tribunal.
Headnote
Constitution of India - Arts. 21, 47, 48A, 51A(g) - National Green Tribunal Act, 2010 - Water (Prevention and Control of Pollution) Act, 1974 - Environmental protection - Interim stay - Polluter Pays -
Constitution of India - Arts. 21, 47, 48A, 51A(g) - Environmental protection a constitutional imperative -
Held: Environmental protection is not a matter of administrative choice but a constitutional imperative. Article 21 embraces a clean, healthy and ecologically balanced environment; Articles 47 and 48A bind the State and Article 51A(g) every citizen. (¶15)
National Green Tribunal Act, 2010 - Interim stay on a remedial order - Stay not a licence for inaction -
Held further: An interim stay cannot be read to freeze implementation of substantive remedial and regulatory directions. A party aggrieved must seek modification or clarification, not use the stay as an excuse to sit idle. (¶18, 20)
Environmental jurisprudence - Precautionary principle - Inter-generational equity -
Held further: Environmental injury of this magnitude cannot be reversed by knee jerk reactions, incremental compliances or symbolic enforcement. It requires a coordinated response grounded in the precautionary principle, sustainable development and the inter-generational equity doctrine. (¶19)
Polluter Pays - Costs of the Oversight Committee - Recovery from erring officials and units -
Held further: Expenditure on the High-Level Ecosystem Oversight Committee is recoverable from the erring officials or departments and from the industrial units responsible for the pollution. Stay modified; Oversight Committee constituted. (¶26, 27)
In the Court's own words
Paragraph 18It is our firm opinion that, with due deference to the stay granted by this Court, the State Government could have continued with the process of checking the flow of untreated effluents into the river system. If at all there was any genuine grievance of RIICO or the concerned authorities, they should have made an effort to seek modification or clarification of the order. However, utter apathy prevailed, and the stay granted by this Court was used as an excuse to sit idle and allow the devastation to continue unabated. It is only after this Court initiated suo moto proceedings in September, 2025 that the State machinery has woken up and claims to have initiated some enforcement measures. The protracted inaction that preceded these steps has allowed the pollution to deepen and spread, thereby aggravating the harm to millions of citizens. We find that the efforts so initiated touch only the tip of the iceberg.
Paragraph 20It is in this context that the continuance of the interim stay on the National Green Tribunal’s final order dated 25th February, 2022 becomes untenable. The National Green Tribunal’s order was passed after an extensive fact-finding exercise and in furtherance of the detailed recommendations of the Justice P.C. Tatia Committee, which had identified the precise regulatory failures and technical shortcomings requiring redress. The stay on the National Green Tribunal’s directions has, in effect, has been misinterpreted to freeze the implementation of the remedial framework designed to arrest ongoing pollution and rehabilitate the river system. The setback of several years during which the effluents continued to pollute the environment may well be irreversible. Allowing the stay to persist would defeat the very purpose of the statutory mechanism under the National Green Tribunal Act, 2010; the Water (Prevention and Control of Pollution) Act, 1974 and would undermine the detailed fact-finding efforts, and perpetuate the illegality that has caused widespread harm. In these circumstances, modification/clarification of order granting stay is not only called for but also imminently essential to facilitate implementation of the remedial measures already devised and to ensure that the constitutional rights of the affected population are protected without further delay.
Paragraph 21Furthermore, the learned Additional Advocate General appearing for the State of Rajasthan has fairly submitted that RIICO and the other concerned authorities/Corporations have no objection to the vacation of the interim stay, provided that the stay continues to operate in respect of the remarks made against them and the direction imposing environmental compensation. Accordingly, the stay operating on the National Green Tribunal’s final order dated 25th February, 2022 is modified and clarified insofar as it tends to restrain the implementation of the substantive remedial and regulatory directions issued by the Tribunal. However, the interim stay shall continue to operate only in respect of the remarks made against RIICO and the other authorities/Corporations, and in respect of the direction imposing environmental compensation of Rs. 2 Crores upon them. These issues shall remain under consideration and will be examined at an appropriate stage, having due regard to the future actions, conduct and compliance demonstrated by the said authorities/Corporations. VIII. Constitution of the High-Level Ecosystem Oversight Committee
Acts & Sections
Art.21 Constitution of IndiaArt.47 Constitution of IndiaArt.48A Constitution of IndiaArt.51A(g) Constitution of IndiaNational Green Tribunal Act, 2010Water (Prevention and Control of Pollution) Act, 1974One judgment a day. That's the whole habit.
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