SC Threatens CBI Probe Over Illegal Mining and 'Absurd' River Claims in Rajasthan
The Supreme Court threatens a CBI probe into illegal mining and river demarcation fraud in Rajasthan, citing a failure to protect river systems.
The Supreme Court of India has issued a stern warning to the Rajasthan government, suggesting that a CBI investigation may be ordered if the state fails to address systemic illegal mining and the blatant misrepresentation of river demarcation orders. The apex court expressed deep frustration over the state's inability to protect the Jojari-Luni-Bandi river system despite clear judicial mandates.
'Mend Your Ways' or Face CBI
During the proceedings, a bench comprising Justice Vikram Nath and Justice Sandeep Mehta took a hard line against the state's conduct. The court questioned the logic behind regularising mining leases in areas where illegal activities had already been detected.
Justice Mehta, addressing Additional Solicitor General SV Raju, who represented Rajasthan, stated bluntly: "If you don't pull up your socks and don't mend your ways, we will be compelled to direct a CBI investigation."
The 'Height of Absurdity' in River Demarcation
The court was particularly incensed by how state officials handled the determination of High Flood Lines (HFL) to define river corridors. The bench accused officials of attempting to "hoodwink" the court by misrepresenting previous directions to narrow these corridors.
The bench highlighted a staggering discrepancy near Balotra, where records indicated the Luni River's flow width as approximately eight metres, even though a bridge spanning the area measures roughly 1,782 metres. Justice Mehta described this contradiction as the "height of absurdity."
In response, the court directed Rajasthan to protect the entire recorded river corridors, insisting that the wider boundaries—whether from Revenue or Water Resources Department records—must be adopted.
Polluter Pays: State Held Accountable
The legal battle extends beyond mining to severe industrial pollution. The Supreme Court has demanded a concrete financial proposal for the installation of common effluent treatment plants featuring zero-liquid-discharge technology.
The court rejected the notion that the financial burden of river restoration should fall solely on municipal bodies or industries. Justice Mehta emphasized that the "polluter pays principle" applies to the state as well, noting that the government's failure to fulfill its obligations justifies it bearing the initial financial load.
Human Cost vs. Economic Viability
The court also touched upon the dire situation in the Sanganer industrial area, noting that according to the state's own affidavit, nearly 80 per cent of industries there are operating without the required no-objection certificates.
When the argument of industrial viability was raised, the bench dismissed it in the face of human suffering. Justice Mehta remarked,
"Making 20 lakh people live in hell cannot be compared with your economic viability and economic sustenance of a few thousand people."
Background of the Case
This matter stems from a suo motu case initiated by the apex court regarding the contamination of the Jojari River, which impacts approximately 2 million people. The court's concern encompasses the broader Jojari-Bandi-Luni river system, which has been plagued by industrial and municipal effluents.
- August Order: The court previously banned all construction and development within 100 metres of riverbanks until scientific demarcation of ecological buffer zones is complete.
- Oversight Committee: A High-Level Ecosystem Oversight Committee, led by former Rajasthan High Court judge Justice Sangeet Lodha, was established to create a restoration plan for the river system.
The Supreme Court is scheduled to hear the matter again on November 27.