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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C) NO. 375 OF 2012

Paryavaran Suraksha Samiti and another ..Petitioners

versus

Union of India and others ..Respondents

J U D G M E N T

JAGDISH SINGH KHEHAR, CJI

The petitioners have approached this Court, seeking a

writ in the nature of mandamus, for a direction to the respondents,

(which includes the Union Government, all the State Governments and

the Union Territories) to ensure, that no industry which requires

“consent to operate” from the concerned Pollution Control Board, is

permitted to function, unless it has a functional effluent

treatment plant, which is capable to meet the prescribed norms for

removing the pollutants from the effluent, before it is discharged.

2. The Union of India, and the State Governments (including

the Union Territories) have filed counter affidavits, expressing

their individual positions. During the course of hearing, learned

counsel representing the respondents, also made some suggestions,

which could be highly beneficial, in carrying forward the process

of removing pollutants, from the discharged effluent, in a

systematic and co-ordinated manner.

3. During the course of hearing, it was not disputed between

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the rival parties, that the initiation of the process has to be at

the individual level of the industry itself. It was suggested that

each industry which requires “consent to operate” from the

concerned Pollution Control Board, should be mandated to set up a

functional primary effluent treatment plant. We are informed, that

only when such an effluent treatment plant has been set up, the

concerned Pollution Control Board grants a “no objection” to the

industry, and accordingly “consent to operate”, so as to allow the

industry to become functional. It is therefore apparent, that all

running industrial units, which require “consent to operate” from

the concerned Pollution Control Board, have a functional primary

effluent treatment plant, in place.

4. The question that arises for our consideration is,

whether the same is maintained in good order, after the industry

itself has become functional. The industry requiring “consent to

operate”, can be permitted to run, only if its primary effluent

treatment plant, is functional. We therefore consider it just and

appropriate, to direct the concerned State Pollution Control

Boards, to issue notices to all industrial units, which require

“consent to operate”, by way of a common advertisement, requiring

them to make their primary effluent treatment plants fully

operational, within three months from today. On the expiry of the

notice period of three months, the concerned State Pollution

Control Board(s) are mandated to carry out inspections, to verify,

whether or not, each industrial unit requiring “consent to

operate”, has a functional primary effluent treatment plant. Such

of the industrial units, which have not been able to make their

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primary effluent treatment plant fully operational, within the

notice period, shall be restrained from any further industrial

activity. This direction may be implemented by requiring the

concerned electricity supply and distribution agency, to disconnect

the electricity connection of the defaulting industry. We

therefore hereby further direct, that in case the concerned State

Pollution Control Boards make a recommendation to the concerned

electrical supply and distribution agency/company, to disconnect

electricity supply to an industry, for the reason that its primary

effluent treatment plant is not functional, it shall honour such

recommendation, and shall disconnect the electricity supply to such

defaulting industrial concern, forthwith.

5. Such an industrial concern, which has been disabled from

carrying on its industrial activities, as has been indicated in the

foregoing paragraph, is granted liberty to make its primary

effluent treatment plant functional to the required capacity, and

thereupon, seek a fresh “consent to operate” from the concerned

Pollution Control Board. Only after the receipt of such fresh

“consent to operate”, the industrial activities of the disabled

industry, can be permitted to be resumed. In carrying out the

above exercise, we consider it just and appropriate to require, the

Pollution Control Boards to carry out inspections, by prioritizing

inspections of severely and critically polluted industries, so that

visible results emerge at the earliest.

6. Liberty is hereby granted to private individual(s) and

organizations, to address complaints to the concerned Pollution

Control Board, if any industry is in default. On the receipt of any

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such complaint, the concerned Pollution Control Board, shall be

obliged to verify the same, and take such action against the

defaulting industry, as may be permissible in law. Such action,

would be in addition to the discontinuation of industrial activity

forthwith, in the manner directed hereinabove (but only after

verification).

7. Having effectuated the directions recorded in the

foregoing paragraphs, the next step would be, to set up common

effluent treatment plants. We are informed, that for the aforesaid

purpose, the financial contribution of the Central Government is to

the extent of 50 per cent, that of the concerned State Government

(including the concerned Union Territory) is 25 per cent. The

balance 25 per cent, is to be arranged by way of loans from banks.

The above loans, are to be repaid, by the industrial areas, and/or

industrial clusters. We are also informed, that the setting up of

a common effluent treatment plant, would ordinarily take

approximately two years (in cases where the process has yet to be

commenced). The reason for the above prolonged period, for setting

up “common effluent treatment plants”, according to learned

counsel, is not only financial, but also, the requirement of land

acquisition, for the same.

8. In view of the fact, that the financial position has been

taken care of, as has been expressed above, we are of the view,

that the setting up of “common effluent treatment plants”, should

be taken up as an urgent mission. With reference to common

effluent treatment plants, which are already under implementation,

we hope and expect, that they would be completed within the time

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lines already postulated. With reference to common effluent

treatment plants, which are yet to be set up, we consider it just

and appropriate to direct, the concerned State Governments

(including, the concerned Union Territories) to complete the same

within a period of three years, from today. We are also of the

view, that while acquiring land for the 'common effluent treatment

plants', the concerned State Governments (including, the concerned

Union Territories) will acquire such additional land, as may be

required for setting up “zero liquid discharge plants”, if and when

required in the future.

9. During the course of hearing, we were informed by learned

counsel, that the running of 'common effluent treatment plants',

which are in place, is also a matter of serious concern. In this

behalf, it was submitted, that some of the common effluent

treatment plants are dis-functional, because of lack of finances,

whilst some others are dis-functional, because of the requirement

of repairs, which have not been carried out, again because of lack

of financial resources.

10. Given the responsibility vested in Municipalities under

Article 243W of the Constitution, as also, in item 6 of the 12

th

Schedule, wherein the aforesaid obligation, pointedly extends to

“public health, sanitation conservancy and solid waste management”,

we are of the view, that the onus to operate the existing common

effluent treatment plants, rests on municipalities (and/or local

bodies). Given the aforesaid responsibility, the concerned

municipalities (and/or local bodies), cannot be permitted to shy

away, from discharging this onerous duty. In case there are further

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financial constraints, the remedy lies in Articles 243X and 243Y of

the Constitution. It will be open to the concerned

municipalities(and/or local bodies), to evolve norms to recover

funds, for the purpose of generating finances to install and run,

all the “common effluent treatment plants”, within the purview of

the provisions referred to hereinabove. Needless to mention, that

such norms as may be evolved for generating financial resources,

may include all or any, of the commercial, industrial and domestic

beneficiaries, of the facility. The process of evolving the above

norms, shall be supervised by the concerned State Government (Union

Territory), through the Secretaries, Urban Development and Local

Bodies respectively, (depending on the location of the respective

common effluent treatment plant). The norms for generating funds,

for setting up and/or operating the 'common effluent treatment

plant' shall be finalized, on or before 31.03.2017, so as to be

implemented with effect from the next financial year. In case,

such norms are not in place, before the commencement of the next

financial year, the concerned State Governments (or the Union

Territories), shall cater to the financial requirements, of running

the “common effluent treatment plants”, which are presently

dis-functional, from their own financial resources.

11. Just in the manner suggested hereinabove, for the purpose

of setting up of “common effluent treatment plants”, the concerned

State Governments (including, the concerned Union Territories) will

prioritize such cities, towns and villages, which discharge

industrial pollutants and sewer, directly into rivers and water

bodies.

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12. We are of the view, that in the manner suggested above,

the malady of sewer treatment, should also be dealt with

simultaneously. We therefore hereby direct, that 'sewage treatment

plants' shall also be set up and made functional, within the time

lines and the format, expressed hereinabove.

13. We are of the view, that mere directions are

inconsequential, unless a rigid implementation mechanism is laid

down. We therefore hereby provide, that the directions pertaining

to continuation of industrial activity only when there is in place

a functional “primary effluent treatment plants”, and the setting

up of functional “common effluent treatment plants” within the time

lines, expressed above, shall be of the Member Secretaries of the

concerned Pollution Control Boards. The Secretary of the

Department of Environment, of the concerned State Government (and

the concerned Union Territory), shall be answerable in case of

default. The concerned Secretaries to the Government shall be

responsible of monitoring the progress, and issuing necessary

directions to the concerned Pollution Control Board, as may be

required, for the implementation of the above directions. They

shall be also responsible for collecting and maintaining records of

data, in respect of the directions contained in this order. The

said data shall be furnished to the Central Ground Water Authority,

which shall evaluate the data, and shall furnish the same to the

Bench of the jurisdictional National Green Tribunal.

14. To supervise complaints of non-implementation of the

instant directions, the concerned Benches of the National Green

Tribunal, will maintain running and numbered case files, by

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dividing the jurisdictional area into units. The above mentioned

case files, will be listed periodically. The concerned Pollution

Control Board is also hereby directed, to initiate such civil or

criminal action, as may be permissible in law, against all or any

of the defaulters.

15. Liberty is granted to private individuals, and

organizations, to approach the concerned Bench of the

jurisdictional National Green Tribunal, for appropriate orders, by

pointing out deficiencies, in implementation of the above

directions.

16. It however needs to be clarified, that the instant

directions and time lines, shall not in any way dilute any time

lines and directions issued by Courts or Benches of the National

Green Tribunal, hitherto before, wherein the postulated time lines

would expire before the ones expressed through the directions

recorded above. It is clarified, that the time lines, expressed

hereinabove will be relevant, only in situations where there are no

prevalent time line(s), and also, where a longer period, has been

provided for.

17. It would be in the interest of implementation of the

objective sought to be achieved, to also require each concerned

State(and each, concerned Union Territory) to make provision for

“online, real time, continuous monitoring system” to display

emission levels, in the public domain, on the portal of the

concerned State Pollution Control Board. We are informed, that at

least three State Governments have already adopted the aforesaid

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measures. Such measures shall be put in place by all the concerned

State Governments( including, the concerned Union Territories),

within six months from today.

18. The instant writ petition stands disposed of, in the

aforesaid terms.

…..................CJI

[JAGDISH SINGH KHEHAR]

…....................J.

[Dr. D.Y. CHANDRACHUD]

NEW DELHI; …....................J.

FEBRUARY 22, 2017. [SANJAY KISHAN KAUL]

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ITEM NO.10 COURT NO.1 SECTION PIL(W)

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 375/2012

PARYAVARAN SURAKSHA SAMITI & ANR Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(with appln(s) for directions and exemption from filing OT and

permission to file synopsis and list of dates and office report)

Date : 22/02/2017 This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv

Mr. Gunjan Singh, Adv.

for Ms. Jyoti Mendiratta,A OR

For Respondent(s) Ms. Pinky Anand, ASG

(UOI) Mr. S.W.A. Qadri, Adv.

Mr. Ajay Sharma, Adv.

Mr. Balendu Shekhar, Adv.

Mr. Ansh Singh Luthra, Adv.

Mr. Hemant Arya, Adv.

for Mr. G.S. Makker, AOR

State of Haryana Mr. Anil Grover, AAG

Mr. Satish Kumar, Adv.

Mr. Sanjay Kr. Visen, AOR

State of Rajasthan Mr. S.S. Shamshery, AAG

Mr. Amit Sharma, Adv.

Mr. Ankit Raj, Adv.

for Ms. Ruchi Kohli, AOR

State of MP Mr. Purushaindra Kaurav, AAG

Mr. Mishra Saurabh, Adv.

Mr. Ankit Kr. Lal, Adv.

Ms. Vanshuja Shukla, Adv.

Ms. Anuradha Mishra, Adv.

State of Gujarat Ms. Hemantika Wahi, Adv.

Ms. Jesal Wahi, Adv.

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Ms. Mamta Singh, Adv.

State of Ms. Bhuvneshwari Pathak Kaushik, Adv.

Uttarakhand Ms. Shilpi Satya Priya Satyam, Adv.

Mr. Rahul Kaushik, Adv.

Mr. Ashutosh Kr. Sharma, Adv.

State of Jharkhand Mr. Tapesh Kumar Singh, Adv.

Mr. Mohd. Waquas, Adv.

Mr. Sukant Vikram, Adv.

Mr. Aditya Pratap Singh, Adv.

State of Telangana Mr. S.Udaya Kumar Sagar, Adv.

Mr. Mrityunjai Singh, Adv.

State of AP Mr. Guntur Prabhakar, Adv.

Ms. Prerna Singh, Adv.

State of UP Mr. M.R. Shamshad, Adv.

Mr. Rajat Singh, Adv.

Mr. Aditya Samaddar, Adv.

Ms. Harshita Deshwal, Adv.

State of Tamil Nadu Mr. Paramasivam, Adv.

Mr. B. Balaji, Adv.

Mr. Muthuvel palani, Adv.

Mr. S. Kumar, Adv.

For CPCB Mr. Vijay Panjwani, Adv.

State of Bihar Ms. Varsha Poddar, Adv.

for Mr. Gopal Singh, AOR

State of West Mr. Joydeep Mazumdar, adv.

Bangal Mr. Debojyoti Bhattacharya, Adv.

for Mr. Parijat Sinha, AOR

State of Odisha Mr. Krishnayan Sen,Adv.

Mr. Himanshu Bhushan, Adv.

Mr. Uddyam Mukherjee, Adv.

State of Ms. Sakshi Kakkar, Adv.

Chhatisgarh for Mr. C. D. Singh,AOR

Mr. Mohit Kumar Shah, Adv.

Mr. Gaurav Kanth, Adv.

Mr. Pushkar Taimni, Adv.

State of Mr. V. N. Raghupathy,Adv.

Karnataka Mr. Lagnesh Mishra, Adv.

Mr. Parikshit P. Angadi, Adv.

Mr. Prakash Jadhav, Adv.

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State of Punjab Mr. Saurabh Ajay Gupta, Adv.

Mr. Nishant Bishnoi, Adv.

for Mr. Kuldeep Singh, AOR

Mr. C. K. Sasi,AOR

Mr. Varinder Kumar Sharma,AOR

Ms. Sunita Sharma,AOR

UPON hearing the counsel the Court made the following

O R D E R

The writ petition stands disposed of, in terms of the

reportable judgment.

(Renuka Sadana) (Parveen Kumar)

Assistant Registrar AR-cum-PS

[Reportable signed judgment is placed on the file]