When investigating environmental contamination caused by industrial effluents, are authorities confined to regulatory closure and compensation measures, or must graver penal provisions also be considered?

Paragraph 33In view of the foregoing discussion, the material placed on record, the successive reports submitted by the Committee and the SIT, the compliance reports filed by the State of Rajasthan, and the submissions advanced on behalf of the respective parties, we are of the considered opinion that certain further directions have become imperative to ensure effective implementation of the measures already initiated, secure institutional coordination amongst the concerned authorities, and facilitate the long-term restoration and protection of the riverine ecosystem and the environment in the State of Rajasthan. Accordingly, we issue the following directions: - A. The State of Rajasthan shall, within a period of seven days, constitute an “Integrated Coordination Group” headed by the Chief Secretary who shall be at liberty to include in the said group senior officers of the concerned Departments of the State Government, including the Departments of Environment, Forest, Water Resources, Industries, Urban Development, Revenue, Local Self Government, Agriculture, the RSPCB and such other statutory authorities and experts as may be considered necessary, so as to ensure effective inter-departmental coordination and implementation of the directions issued by this Court. B. The Integrated Coordination Group shall hold detailed consultative deliberations with the Committee on the issues highlighted in the present order, the previous orders passed by this Court, the recommendations made by the Committee from time to time, and such other ancillary or connected issues as may arise during the course of such deliberations, with a view to evolving an integrated, coordinated and time-bound framework for implementation of the measures contemplated herein. C. Upon completion of the aforesaid deliberative exercise, the Integrated Coordination Group, in consultation with the Committee, shall prepare a Comprehensive Resolution Plan for prevention of environmental degradation, pollution abatement, ecological restoration, conservation of riverine ecosystems, protection of groundwater resources, preservation of biodiversity and strengthening of the institutional framework governing river basin management. The Resolution Plan shall identify the action points, the authority responsible for implementation, the implementation framework, measurable milestones and definite timelines for completion of each component. D. The Integrated Coordination Group shall function under the overall supervision and chairmanship of the Chief Secretary, Government of Rajasthan, who shall periodically review the implementation of the Resolution Plan and ensure effective inter- departmental coordination. E. The CETPs, industrial units through their recognised associations, trade bodies, and any other stakeholder having a direct interest in the issues arising in the present proceedings shall be at liberty to submit representations before the Integrated Coordination Group as well as the Committee. Any such representation/s shall be considered on its own merits and in accordance with law, keeping in view the larger objective of environmental protection and sustainable development. However, there shall be no requirement to provide oral audience in the exercise to be conducted by the Integrated Coordination Group. F. The Integrated Coordination Group, after holding due consultations with the Committee, shall formulate and place before this Court, within a period of three weeks from the date of its constitution, a Comprehensive Resolution Plan, containing clearly identified action points, implementation timelines, monitoring mechanisms and the responsibilities of the concerned Departments and statutory authorities. G. The State of Rajasthan shall constitute an independent and adequately empowered River Commission/River Rejuvenation Authority for the State of Rajasthan, with a mandate to oversee the conservation, rejuvenation and integrated management of rivers, river basins and catchment areas, including the scientific determination and demarcation of the High Flood Line, protection of riverine ecosystems and coordinated river basin governance throughout the State. The said Commission/Authority shall for the present function under the chairmanship of the Chief Secretary, Government of Rajasthan, who shall be at liberty to associate such officers, domain experts, technical institutions and other stakeholders as may be considered necessary for the effective discharge of its functions. The constitution, organisational framework, modalities, scope, powers, functions and implementation mechanism of the said Commission/Authority shall be placed before this Court by the next date of hearing. H. The Special Investigation Team shall intensify the investigation process in all pending criminal cases with due diligence and carry the same to its logical conclusion. The investigation shall comprehensively examine the role of all persons, including public servants, industrial units, office-bearers of CETPs and any other persons against whom credible material emerges during the course of investigation, without fear or favour, and appropriate action shall be taken strictly in accordance with law. I. Insofar as the representations submitted by the White Category Industries pursuant to Direction A contained in this Court’s order dated 21st July, 2026 are concerned, the Committee shall, after considering the inspection reports and the material placed before it, pass appropriate orders on the pending representations, as expeditiously as possible and preferably within a period of seven days from the date of this order. J. The State of Rajasthan shall establish an Integrated Public Reporting and Environmental Grievance Redressal Mechanism to facilitate timely reporting of environmental violations and allied illegal activities affecting the riverine ecosystem. The mechanism shall provide for a QR Code-based digital platform, with QR Codes prominently displayed on the website of RSPCB as well as at the industrial areas, CETPs, Government offices, Gram Panchayat offices, Forest Check Posts, municipal offices and such other conspicuous locations as may be identified by the Integrated Coordination Group. The platform shall enable any person having credible information to report instances of illegal discharge of industrial effluents, unauthorised operation of industrial units, illegal extraction of groundwater, encroachments upon riverbeds, illegal dumping of hazardous waste, destruction of wildlife habitats and any other environmental violations by uploading photographs, videos, geo-tagged information or such other electronic material as may be necessary. The mechanism shall provide for confidential reporting, generate a unique complaint registration number for every complaint received, ensure immediate electronic transmission of the complaint to the jurisdictional authorities concerned, including the RSPCB, District Administration, Police, Forest Department and such other authorities as may be necessary for prompt action, and facilitate digital monitoring of the action taken thereon. The State Government shall also examine the feasibility of instituting an appropriate incentive scheme for rewarding credible information leading to the detection of serious environmental violations, while ensuring adequate confidentiality and protection of the identity of informants. K. The Committee shall continue to monitor the implementation of the directions issued by this Court and the progress made by the State Government and the Integrated Coordination Group, and shall be at liberty to issue such recommendations and advisories as may be necessary for effective implementation of the mandate issued by this Court. L. All Departments of the State Government, statutory authorities, local bodies, public authorities, the Rajasthan State Pollution Control Board, RIICO, CETP Trusts and all other agencies concerned shall continue to extend full cooperation to the Committee, the Integrated Coordination Group and the SIT, and shall make available all records, technical data and other information as may be required for effective implementation of the directions issued by this Court. M.The Chief Secretary, Government of Rajasthan, shall continue to personally monitor compliance with the directions issued by this Court and shall ensure that all Departments and statutory authorities act in close coordination so that the objectives sought to be achieved by the present proceedings are implemented in a timely and effective manner. N. We are constrained to observe that the report submitted by the State Government is totally silent regarding the action taken, if any, against the responsible officers of the RSPCB. The details of the action taken/proposed to be taken shall be placed before the Committee within the next three days.