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Supreme Court of India· 21 November 2025

Who ultimately bears the cost of the High-Level Ecosystem Oversight Committee?

In Re: 2 Million Lives at Risk, Contamination in Jojari River, Rajasthan
2025 INSC 1341
Coram: Sandeep Mehta; Vikram Nath
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Answer

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.

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 26The State Government shall bear all financial and logistical requirements of the Committee, including the payment of honorarium and operational expenses. The Chairperson shall be entitled to an honorarium of Rs. 5,00,000/- (Rupees Five Lakhs Only) per month, and the lawyer assisting the Committee shall be paid honorarium of Rs.1,00,000/- (Rupees One Lakh Only) per month. The Chairperson shall also be entitled to travel allowances equivalent to those admissible to a sitting Judge of the High Court for the purposes of Committee meetings and site visits. The lawyer assisting the Committee shall be paid travelling allowance of Rs.10,000/- per visit (for inspection). The State Government and the police administration shall provide full security to the Chairperson throughout the duration of the Committee’s mandate, including during field inspections. Adequate security measures shall also be put in place for the field visits of the Committee. Expenditure incurred towards the functioning of the Committee including the payment of honorarium, professional expenses, operational expenses and any other ancillary expenses shall be 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. XI. Operative Directions
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, 1974

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Also decided in this judgment
Is environmental protection a matter of administrative choice or a constitutional imperative?Can an interim stay on a National Green Tribunal remedial order justify State inaction on pollution?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections