The Supreme Court has directed the Rajasthan Government to constitute a Special Investigation Team (SIT) to investigate organised illegal sand mining activities affecting the Jojari, Bandi and Luni rivers and their tributaries. The Court has also restrained the State from granting permissions for new industrial units along or near the river ecosystem until the High Flood Line and protective buffer zones are scientifically determined.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the directions , while hearing a suo motu case concerning the contamination of the Jojari River and the environmental degradation of the wider river system.
Background
The proceedings arose from continuing concerns over industrial pollution, illegal mining, groundwater depletion and inadequate wastewater treatment facilities in Rajasthan's Jodhpur, Pali and Balotra regions.
A High-Level Ecosystem Oversight Committee submitted a report highlighting extensive mining activities, inadequate pollution-control infrastructure and delays in implementing river restoration measures. It also raised objections to a proposal by the Water Resources Department to redefine river boundaries based on sewage and treated wastewater flows.
The Committee cautioned that such an exercise could substantially reduce the recorded geographical width of the rivers and undermine their natural ecological character.
The Bench expressed serious concern over the State Government's explanation that mining activities previously identified as illegal had subsequently been brought under mining leases.
The Court observed:
"The fact that mining leases may have subsequently been granted in accordance with the prescribed procedure does not, by itself, answer the question whether the grant of such leases is environmentally sustainable or consistent with the need to preserve and restore the natural course, riverbed and ecological integrity of the river systems."
It further questioned the possibility of using subsequent lease grants to legitimise activities that were earlier found to be illegal.
The Court remarked:
"The explanation furnished by the State, if accepted without further scrutiny, would risk reducing the problem of illegal mining to one of post facto regularisation and sanctioning of activities that were otherwise illegal, thereby lending legitimacy to such mining operations."
The Bench also observed that administrative processes and assurances were insufficient unless the directions were implemented on the ground within definite timelines.
Restraining further industrial expansion near the river ecosystem, the Court directed the State to maintain an additional protective zone of 100 metres on either side of the recorded outer boundaries of the rivers. No Red Category industry will be permitted within 500 metres of those boundaries.
The State has been directed to constitute an SIT within three days, headed by an officer not below the rank of Inspector General of Police. The team will investigate illegal mining networks, identify those involved and examine whether public officials facilitated or enabled such activities.
The Court also directed the State to respond to concerns regarding groundwater depletion and industrial pollution. The Central Ground Water Authority will be impleaded to assess groundwater availability and depletion in Jodhpur, Balotra and Pali.
Additionally, Rajasthan must formulate a financial assistance policy for industries establishing Zero Liquid Discharge (ZLD) plants and prepare a time-bound plan for pipelines to facilitate the reuse of treated wastewater.
In a separate part of the order, the Court clarified that its earlier directions restricting the reopening of closed industrial units do not extinguish the National Green Tribunal's statutory appellate jurisdiction.
Bherawa Textile Industries Pvt. Ltd. was granted liberty to approach the NGT seeking restoration of its withdrawn appeal challenging the Rajasthan State Pollution Control Board's closure order. The NGT was directed to consider the application on its own merits and in accordance with law.
The Supreme Court listed the main proceedings for further hearing on November 27, 2026.
