Skip to main content

Gujarat HC invokes collective responsibility to punish 'errant' polluters of Sabarmati

By Rajni Dave*

On September 23, the Gujarat High Court in its interim order cracked down on the Ahmedabad Municipal Corporation (AMC) and industries, directing stringent measures to remedy the Sabarmati river pollution. The High Court invoked the principle of collective responsibility to punish the errant industries in industrial estates, and directed debarring errant industries from participating in any industrial fair, public private partnership events.
The High Court observed that “there should be no discharge of untreated wastewater in the Sabarmati river from either of the outfalls” while referring to the Central Pollution Control Board (CPCB) report that had tested Sabarmati river water for pollution levels across various sites in Ahmedabad city recently.
The bench of Justice JB Pardiwala and Justice Vaibhavi Nanavati observed that the public interest litigation (PIL) raising the issue of Sabarmati river pollution “a very important one. It further observed that “it should be a people’s movement” involving every district and every citizen in the river’s catchment area.
Listed as one of India’s 351 critically polluted rivers stretches by CPCB. The High Court is hearing a Suo Motu PIL on the discharge of untreated sewage and industrial effluents in Sabarmati river. On September 16, the High Court set up an eight member Joint Task Force (JTF) to resolve the problem of untreated effluents in the river and for Sabarmati river’s revival-rejuvenation.
Members of JFT are: Prasoon Gargava, Regional Director, Central Pollution Control Board; Dr Deepa Gavali, Director & Secretary, Gujarat Ecology Society; Professor (Dr) Upendra Patel; Rohit Prajapati, Engineer, Researcher and Writer, Paryavaran Suraksha Samiti; an AMC official; two GPCB officials; a Torrent Power official; and a police personnel not below the rank of Deputy Superintendent of Police.
The High Court called upon “a decentralized approach involving every citizen” to save Gujarat’s rivers from pollution. The High Court said “it is very sad to note that rivers are one common pool resource to pollute” while hearing the litigation to check the Sabarmati river pollution by untreated sewage and industrial effluent discharge.
The High Court observed the use of ‘Public Trust Doctrine’ to apply stringent provisions against permitting municipal bodies or industries from polluting rivers. The high court observed that “utter ignorance and carefree attitude towards the environment and maintaining rivers and riversides” led to the alarming situation.
It noted submission of Rohit Prajapati that the stretch of the Sabarmati river in the Ahmedabad city within the Riverfront Project is brimming with stagnant water. The stretch of 120 kms. of the river, before meeting the Arabian Sea, is ‘dead’ and comprises of partially treated industrial effluent and sewage.
The High Court directed the JTF to undertake site visits once rain subsides by October second week for inspection and river water quality tests across various sites and submit its report. The High Court also directed the JTF to inspect “each sewage treatment plant and the common effluent treatment plant(CETP)” and submit a report to the bench. It also directed the JTF to hold a meeting with all the associations/organizations running the existing CETPs.
It directed the AMC to submit the details of industries discharging effluent into the sewerage network to the JTF members latest by October 7.
The High Court directed the Gujarat Pollution Control Board (GPCB) to provide the JTF with the details of all the associations/ organizations running the existing CETPs and setting up the CETPs, latest by October 7.
High Court favoured Public Trust Doctrine to apply stringent provisions against permitting municipal bodies or industries from polluting rivers
Initiating collective responsibility, the High Court observed that “even if one of the members of a particular association/organization is found guilty, all the members shall have to pay the price for the same.”
The High Court order stated:
“The principle of collective responsibility shall be imposed on the industrial estates and/or industries located within the vicinity of each other. The industrial associations shall take the responsibility for the misdeeds of its members. The illegality committed by one industry shall result into collective penalties such as payments against pollution, i.e. on the principle of ‘polluter pays’, disconnection of the electricity supply in clusters from where the pollution originates, etc.”
The High Court observed that if industrial associations/organizations “fail to overhaul update and maintain its existing CETP at its optimum level, such CETP shall be shut down until the source of release of the untreated effluent is detected.” The court said that, “a time limit shall be prescribed by JTF for ensuring that the CETPs run at the optimum levels.” The next hearing is scheduled on October 21.

Joint task force report

The JTF in its report to the High Court said it would examine the Sabarmati river stretch from Hansol to Vautha on priority basis and make site visits in October once the rain subsides. The JTF recommended increased surveillance on tankers carrying chemicals and hazardous industrial waste by the traffic police to check unauthorized disposal.

AMC affidavit

The AMC in its affidavit in the High Court admitted that industrial effluents are illegally discharged into the city’s sewerage network. It stated that the “illegal industrial discharge into sewerage access points such as manholes or machine-holes at odd hours (such as, in the middle of the night) by using tankers and flexible pipes.” The civic body also reported “reverse boring of industrial discharge or usage of defunct/unused bore-wells or percolation wells to discharge industrial waste directly into the ground.”

GPCB submission

GPCB in its submission stated as per the available record as on September 15, 2021, total number of units in Danilimda and Behrampura are 257 and 285 units respectively. This entire area falls within the territorial domain and jurisdiction of AMC and essentially and principally it is AMC which grants permission regarding discharge to all this industrial units into the drainage network of AMC.
It stated that Karnavati Textile Association, which was granted permission for setting up 130 MLD CETP, has till date not yet commenced the work on the same. It added, the Ahmedabad Hand Screen Printing Association which was allotted permission for setting up 30 MLD CETP, but had completed 70% of its construction and for which AMCis acting as a nodal agency. 
---
*Editor, Bhumiputra

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.

Gender violence defies stringent laws: The need for robust social capital

By Dr. Manoj Kumar Mishra*  The tragic death of Miss Soumyashree Bisi, a 20-year-old student from Fakir Mohan College, Balasore, who reportedly self-immolated due to harassment, shocked the conscience of Odisha. Even before the public could process this horrifying event, another harrowing case emerged—a 15-year-old girl from Balanga, Puri, was allegedly set ablaze by miscreants. These incidents are not isolated; they highlight a disturbing pattern of rising gender-based violence across the state and the country.