Who ultimately bears the cost of the High-Level Ecosystem Oversight Committee?
Coram: Sandeep Mehta; Vikram Nath
The State Government shall bear all financial and logistical requirements of the Committee, including honorarium and operational expenses. That expenditure, however, is recoverable from the concerned erring officials or departments, and from the industries or industrial units found to be responsible for violations leading to pollution of the river system.
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)
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Read the full text of In Re: 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
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