Citing reports of untreated industrial discharge, blackened water and fish deaths, the Chhattisgarh High Court pulled up the state for failing to curb pollution in the Shivnath and Kharun rivers, saying the situation reflected non-compliance with its earlier directions.
Hearing a suo motu Public Interest Litigation (PIL) on environmental pollution, Chief Justice Ramesh Sinha said: “The present material placed before the Court depicts a deeply disturbing and regressive state of affairs”.
The PIL — filed in 2024 based on a news item — cited three more reports published in May this year on pollution in the Shivnath and Kharun rivers and discharge of black smoke and polluted water from a factory in Bilaspur.
On the Shivnath river, the HC, citing a report, said many fish were dying due to untreated discharge from a factory.
“This spirit-contaminated water is flowing into the Shivnath River through a drain. Because of this, the once blue looking Shivnath river has turned completely black. About a year ago, the HC had ordered the factory to be shut down for some time for the same reason. Two to three villagers stated that for some time, the discharge of water from the factory had stopped. However, for the past few months, the water has been released during day and night hours on certain days of the week,” it said.
It goes on to say: “This water is so toxic that if it comes into contact with hands or feet, it causes itching. People have developed respiratory illnesses, but no one speaks up because the factory provides employment to them. Workers are even given liquor every day”.
On pollution in the Kharun river due to a liquor factory, the order, citing another report, said: “The story of pollution along the banks of the Kharun River is not new, but this time the situation is more dangerous. The waste coming out of the liquor factory is no longer limited to directly entering the river; deep pits created by illegal murum mining have now turned into toxic reservoirs”.
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“This factory, which earns the highest revenue in the State, has made life miserable for nearby residents. However, due to employment and availability of liquor, no one protests here. Large-scale illegal mining was carried out here, leaving behind deep pits. Now these pits have accumulated dirty and toxic waste from the distillery. A little further, the Kharun River, which has now turned into a drain, was visible. The river has turned black. Not to mention humans —even animals do not drink this water,” it said.
Citing another report on a distillery operating in Chherkabandha in Bilaspur, the order said black smoke could be seen coming out of the factory.
“On reaching the village of Piperapara, a strange situation was observed. There is a school nearby, which was found locked. The foul smell from the factory was reaching the village. Villagers stated that no one is there to oppose the factory. The villagers work there. In the evening, they get liquor. Now they have become accustomed to the smell. When even the officials do nothing here, what can ordinary villagers do?” the court said.
Pulling up the state, a division bench of Chief Justice Ramesh Sinha and Ravindra Kumar Agrawal said: “Despite a series of directions issued earlier by this Court from time to time for preventing discharge of untreated industrial effluents and for preservation of river ecosystems, the present material placed before the Court depicts a deeply disturbing and regressive state of affairs. The rivers in question, which are vital natural resources and lifelines for surrounding habitations, appear to have been reduced to carriers of toxic industrial waste”.
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The reported blackening of river water, large-scale death of aquatic life, and contamination of adjoining land clearly indicate that the court’s directions of have not been implemented in their true letter and spirit, the order said. “Rather than improvement, the situation reflects a systematic failure in enforcement, resulting in continued ecological degradation.”
‘Earlier directions overlooked’
Calling for a re-examination of enforcement mechanisms, the court said it cannot “overlook the fact that its earlier directions, intended to safeguard environmental integrity and ensure compliance with statutory norms, have been rendered ineffective on account of non-compliance and apparent inaction on the part of responsible agencies”.
“The prevailing situation thus calls for a re-examination of the existing enforcement mechanisms, as the continued deterioration of river systems reflects a breakdown of regulatory oversight and necessitates immediate and stringent corrective measures,” it said.
Stating that “no effective or meaningful measures have been taken by the State and the Environment Conservation Board as also the delinquent distilleries to curb the continuing environmental violations despite various directions issued by this Court and on earlier occasions,” the High Court, on the next hearing, asked the Secretary of Chhattisgarh and the Chhattisgarh Environment Conservation Board to file personal affidavits detailing action taken against the companies. The next hearing is on May 14.
