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Paryavaran Suraksha Samiti and Another v. Union of India and Others

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 375 of 2012)Decided 22 Feb 2017
Writ Petition (Civil) No. 375 of 2012
Chief Justice J.S. Khehar · Dr. Justice D.Y. Chandrachud · Justice Sanjay Kishan Kaul

Background

An environmental NGO filed a public interest writ petition asking the Supreme Court to direct the Union Government, all State Governments, and Union Territories to ensure that no industry requiring "consent to operate" from a Pollution Control Board is allowed to function unless it has a working effluent treatment plant capable of meeting pollution norms before discharge. The Union and various State Governments filed counter-affidavits giving their positions, and during the hearing, counsel for the respondents offered several suggestions for how to coordinate the clean-up of industrial effluent discharge nationally.

Decision Breakdown

The Supreme Court issued a detailed, nationwide set of directions: State Pollution Control Boards must notify all "consent to operate" industries to make their primary effluent treatment plants fully functional within three months, failing which electricity connections must be disconnected until compliance is restored; "common effluent treatment plants" (shared among industrial clusters, funded 50% by the Centre, 25% by the State, and 25% by bank loans) must be completed within three years where not already underway, prioritizing the most polluted areas; sewage treatment plants must be set up on the same timeline; State-level officials (Pollution Control Board Member Secretaries and Department of Environment Secretaries) were made personally accountable for implementation and data reporting to the Central Ground Water Authority and the National Green Tribunal; private citizens and organizations were given liberty to file complaints with Pollution Boards or approach the National Green Tribunal directly over non-compliance; and States were directed to set up real-time public online monitoring of emission levels within six months. The writ petition was disposed of in these terms.

Lesson Learnt

When governments and regulators are themselves parties admitting a problem (uncontrolled industrial effluent discharge), the Supreme Court can convert a single writ petition into a detailed, enforceable national compliance framework, complete with deadlines, accountable officials, and a citizen complaint mechanism, rather than simply declaring the law and leaving enforcement to chance.

Official source (sci.gov.in)View Judgment (PDF)

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