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Environmental LawSupreme Court of India

Harbinder Singh Sekhon & Ors. v. The State of Punjab & Ors.

Civil Appeal · 2026 INSC 159Decided 13 Feb 2026
C.A. No.-002331-002331 - 2026
Justice Vikram Nath · Justice Sandeep Mehta

Background

Agriculturists from Sangrur, Punjab, and a nearby school (Vasant Valley Public School) challenged a Change of Land Use (CLU) granted in December 2021 allowing Shree Cement North Private Limited to set up a cement-related industrial unit close to their farmland and the school, arguing it was granted without complying with the Punjab Regional and Town Planning and Development Act, 1995, and that a polluting "Red category" industry could not be sited in a rural agricultural zone. The Punjab and Haryana High Court dismissed their writ petitions and upheld the CLU. While their appeals were pending in the Supreme Court, the Central Pollution Control Board (CPCB) issued a revised industrial classification in January 2025 reclassifying "stand-alone grinding units without a captive power plant" from "Red" (highly polluting) to "Orange" (less regulated) category, and the Ministry of Environment issued notifications relaxing siting safeguards accordingly, prompting the same appellants to also file writ petitions under Article 32 challenging this reclassification.

Decision Breakdown

The Supreme Court allowed the civil appeals, holding that the CLU could not override the statutory siting norms and regulatory discipline required under the Punjab Regional and Town Planning Act and the 1998 pollution board notification, and that prior environmental clearance safeguards must operate in advance rather than being assumed to be curable later; it accordingly quashed the CLU and the connected pollution consent that had been granted on that basis. On the separate writ petitions, the Court held that the CPCB's 2025 reclassification of grinding units from "Red" to "Orange", made while the appeal was pending, could not be sustained because it diluted preventive environmental protections guaranteed under Articles 14 and 21 of the Constitution; the Court emphasized that environmental harm is often irreversible and regulation must be preventive, not reactive, and that while courts ordinarily defer to expert regulatory bodies, judicial intervention becomes a constitutional duty when a relaxation lowers the constitutional minimum of protection for life and health. It therefore quashed both the CPCB reclassification and the two consequential government notifications relaxing siting safeguards, while clarifying that the authorities remain free to undertake a fresh, properly reasoned and scientifically substantiated classification exercise in future.

Lesson Learnt

Environmental and land-use approvals for polluting industries must strictly follow statutory siting safeguards before the fact, not be justified afterward through promised future compliance; and regulators cannot use a mid-litigation reclassification to retroactively dilute pollution-control protections for citizens living near an industrial site. Courts will step in when such relaxations undercut the constitutional right to a healthy environment.

Harbinder Singh Sekhon & Ors. v. The State of Punjab & Ors. – Legal Case Shots | LegalAware