The Supreme Court closed its 2021 suo motu case on polluted rivers, observing that the matter should have been handled by the NGT to avoid overlapping proceedings. The Court stressed that environmental monitoring must continue before the tribunal, with scope for judicial review.
The Supreme Court on Tuesday closed the suo motu case it had started in 2021 regarding pollution in rivers, including the Yamuna, stating that such environmental matters should ideally be handled by the National Green Tribunal (NGT).
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said that having similar cases pending before both the Supreme Court and the NGT could lead to confusion and overlapping directions.
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In its order, the Court observed,
“Multiple and overlapping proceedings affect continuity and the nature of uniformity of directions. It seems to us that instead of issuing suo-motu proceedings, this court should have asked NGT to ensure compliance with directions till conditions improve,”
it said.
The Bench then decided to formally close the suo motu proceedings but clarified that the matter could be revived before the NGT if necessary. The Court made it clear that the tribunal is not the final authority and that its decisions remain open to judicial review.
“NGT is not the end of the street. Appellate powers remain for judicial review. In light of the above, we are of the view that the suo motu proceedings be closed and proceedings before the tribunal is allowed to be reopened,”
it said.
The case had originally begun in 2021 when the Supreme Court took suo motu cognisance of rising pollution levels in the Yamuna river. At that time, the Court was deeply concerned about the serious impact of contaminated water on public health. It had emphasised that the right to live in a clean and healthy environment is a part of the fundamental right to life under Article 21 of the Constitution of India.
However, during the recent hearing, the Bench questioned whether the Supreme Court should continue to monitor such issues when a specialised environmental body like the NGT already exists for this purpose.
Raising this concern in open court, CJI Surya Kant asked,
“Is it possible for this Court to look at all polluted rivers? We can look at it one by one. We also keep entertaining so many matters and issue directions. Why have a multiplicity of issues like this?”
He also pointed out that despite the Court taking suo motu cognisance in 2021, there was no meaningful progress in the case. Reflecting on the delay, he remarked,
“In 2021 after we took suo motu. This case did not proceed,”
said CJI Kant.
At this stage, Justice Bagchi observed,
“NGT was embarrassed.”
Responding to this, CJI Kant stated,
“We don’t want to say much in open court. Yes, NGT was embarrassed and they did not hear it and we also did not. Tribunal committed a grave mistake by closing the case in 2021… they are also in a hurry to close it,”
responded CJI Kant.
The Court also acknowledged in its written order that considerable time had passed without significant updates. It noted that there was no recent information placed before it regarding the present condition of the Yamuna or other polluted rivers.
“Much water has flown during the pendency of these proceedings. In the absence of any latest letter, we are not sure if the improved condition of Yamuna water or other points contribute,”
it said.
While closing the proceedings, the Supreme Court stressed that the NGT must actively and continuously monitor river pollution cases. It clarified that merely issuing directions is not enough; regular follow-up and compliance reports are necessary to ensure real improvement on the ground.
The Bench underlined that the responsibility of environmental protection does not end with passing orders. The State governments, the Central government, and even private authorities must strictly implement environmental laws and directions issued by the tribunal.
“Responsibility of the NGT does not come to an end by issuing directions. This has to be an ongoing process where the State government, Centre, or private bodies must implement the law or directions of the NGT. It is imperative for NGT to direct that status reports are obtained in furtherance of compliance,”
directed the Court.
With this decision, the Supreme Court has effectively shifted the responsibility of monitoring polluted rivers back to the National Green Tribunal, while keeping the door open for judicial review if required.
The ruling highlights the importance of specialised environmental forums and aims to avoid duplication of proceedings in sensitive matters concerning public health, environmental protection, and the fundamental right to a clean environment under Article 21.
Case Title:
IN RE REMEDIATION OF POLLUTED RIVERS SMW(C) No. 1/2021 PIL-W
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