PARYAVARAN SURAKSHA SAMITI AND ANOTHERversusUNION OF INDIA & OTHERS

                         (2017] 2 S.C.R. 17



     PARYAVARAN SURAKSHA SAMITI AND ANOTHER                                A
                                  v.
                  UNION OF INDIA & OTHERS
                 (Writ Petition (C) No. 375 of2012)
                        FEBRUARY 22, 2017                                  B

  [JAG DISH SINGH KHEHAR, CJJ, DR. D. Y. CHANDRACHUD
              AND SANJAY KI SHAN KAUL, JJ.[
       Environmental Law:
       Writ petition u!Art. 32 of Constitution - Seeking direction to
                                                                           c
Union and State Governments - To ensure that no industry, which
requires 'consent to operate' from Pollution Control Board, is
permitted to function, unless it has functional effluent treatment
plant, which is capable to meet the prescribed norms for removing
the pollutants from the effluent - Held: An industry requiring
 "consent to operate" is permitted to run, only if its primary effluent    D
treatment plant is functional - Therefore, question of concern is
maintenance of the same after the industry becomes functional -
Hence, State Pollution Control Boards are directed to issue notices
to all industrial units to make their primary effluent treatment plant
operational within three months - On default by the industrial units,
                                                                           E
such units shall be restrained from further industrial activity- Setting
up of "common effluent treatment plants" to be taken up as an
urgent mission - The onus to operate the existing common effluent
treatment plants, rests on municipalities (and/or Local bodies) by
resorting to remedy u!Arts. 243X and 243Y of the Constitution -
The concerned Secretaries to the Government shall be responsible           F
for monitoring the progress - 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 - Each concerned State is also required to make provisions
for "online, real time, continuous monitoring system" to display
                                                                           G
omission levels, in the public domain, on the portal of the concerned
State Pollution Control Board - Constitution of India - Arts. 32,
243W, 243X and 243Y & 12'" Schedule Item 6.
       Disposing of the writ petition, the Conrt
      HELD: 1.1 The industry reqniring "consent to operate",
                                                                           H
                                       17
18            SUPREME COURT REPORTS                      [2017] 2 S.C.R.


A · can be permitted to run, only if its primary effluent treatment
    plant, is functional. Therefore, the qm,stion that arises for our
    consideration is, whether the same is maintained in good order,
    after the industry itself has become functional. Therefore, it "is
    just and appropriate, to direct the concerned State Pollution
    Control Boards, to issue notices to al I industrial units, which
B
    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 the date of the present
    judgment. On the expiry of the notice period of three months,
    the concerned State Pollution Control Board(s) are mandated to
c carry out inspections, to verify, whether or not, each industrial
    unit requiring "consent to operate", Jias a functional primary
    effluent treatment plant. Such of the in~ustrial units, which have
    not been able to make their primary effl11ent treatment plant fully
    operational, within the notice period, ~hall be restri1ined from
    anyfnrther industrial activity. This dire~tion may be implemented
D
    by requiring the concerned electricity] supply and distribution
    agency, to disconnect the electricity co'lnection of the defaulting
    industry. [Para 4] (22-B-E]
           1.2 Such an ind us trial concern, which has been disabled from
     carrying on its industrial activities, is granted liberty to make its
E    primary effluen.t treatment plant functional to the required
     capacity, and thereupon, seek a fresh "consent to operate" from
     the concerned Pollution Control Board. [Para 5) (22-F-G)
           1.3 Liberty is hereby granted to private individual(s) and
     organizations, to address complaints to the concerned Pollution
F    Control Board, if any industry is in default. On the receipt of any
     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. [Para 6) (23-
     A-B)
G          2.1 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, the Court hopes and expects that they would be
     completed within the time lines already postulated. With
H
     reference to common effluent treatment plants, which arc yet to
 PARYAVARAN SURAKSHA SAMIT! AND ANR. v. UNION OF                       19
                 INDIA & ORS.

be set up, it would be just and appropriate to direct, the concerned   A
State Governments (including, the concerned Union Territories)
to complete the same within a period of three years, from the
date of this ·judgment. While acquiring land for the 'common
effluent treatmeut plants', the concerned State Governments
(including, the concerned Union Territories) will acquire such
                                                                       B
additional land, as may be required for setting up "zero liquid
discharge plants", if and when required in the future. [Para 8)
[23-E-G) ,
       2.2 The running of 'common effluent treatment plants',
 which are in place, is also a matter of seriOus concern. Some of
 the common effluent treatment plants are dis-functional, because      c
·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. Given the
 responsibility vested in Municipalities under Article 243W of the
 Constitution, as also, in. item 6 of the 12'' Schedule, wherein the   D
 aforesaid obligation, pointedly extends to "public health,
 sanitation conservancy and solid waste management", the onus
 to operate the existing common effluent treatment plants, rests
 on municipalities (and/or local bodies). [Paras 9, 10) [24-A-C)
      2.3 In case there are further financial constraints, the         E
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". [Para 10) (24-D) '
                                                                       F
      2.4 In case, such norms are not in place, before the
commencement of the next fin_ancial 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. {Para 10) (24-F-G)                                          G

      2.5 For the purpose of setting up of "common effluent
treatment plants", the concerned State Governments (including,
the concerned Union Territories) will p"rioritize such cities, towns
and villages, which discharge industrial pollutants and sewer,
directly into rivers and water bodies. [Para 11) [24-G-H)              H
20            SUPREME COURT REPORTS                        [2017) 2 S.C.R.



A          2.6 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 shali"be responsible of monitoring
     the progress, and issuing necessary directions to the concerned
     Pollution Control Board, as may be required, for the
B
     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
c    of the jurisdictional National Green Tribunal. [Para 13] [25-C-E]
           3.1 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
     dividing the jurisdictional area into units. The above mentioned
D    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. Liberty is granted to private individuals, and
     organizations, to. approach the concerned Bench of the
     jurisdictional National Green Tribunal, for appropriate orders,
E    by pointing out deficiencies, in implementation of the above
     directions. [Paras 14, 15] [25-E-G]
           3.2 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
F    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. [Para 17] [26-B]
           CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
     375 of2012.
G
           Under Article 32 of the Constitution oflndia.
           Ms. Pinky Anand, ASG., Anil Grover, S.S. Shamshery,
     Purushaindra Kaurav, AA Gs., Colin Gonsalves, Sr. Advs., Gunjan Singh,
     (for Ms. Jyoti Mendiratta), S. W.A. Qadri,Ajay Shanna, Balendu Shekhar,
     Ansh Singh Luthra, Hemant Arya, (for GS. Makker), Satish Kumar,
H
PARYAVARAN SURAKSHA SAMIT! AND ANR. v. UNION OF                                 21
                 INDIA & ORS.

Sanjay Kr. Visen,Amit Shanna,Ankit Raj, (for Ms. Ruchi Kohli), Mishra           A
Saurabh, Ankit Kr. Lal, Ms. Vanshuja Shukla, Ms. Anuradha Mishra,
Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms .. Mamta Singh,
Ms. Bhuvneshwari Pathak Kaushik, Ms. Shilpi Satya Priya Satyam, Raiml
Kaushik, Ashutosh Kr. Sharma, Tapesh Kumar Singh, Mohd. Waquas,
Sukant Vikram, Aditya Pratap Singh, S.Udaya Kumar Sagar, Mrityunjai
                                                                                B
Singh, Guntur Prabhakar, Ms. Prema Singh, M.R. Shamshad, Rajat Singh,
Aditya Samaddar, Ms. Harshita Deshwal, Paramasivam, B. Balaji,
Muthuvel Palani, S. Kumar, Vijay Panjwani, Ms. Varsha Poddar,
(for Gopal Singh), Joydeep Mazumdar, Debojyoti Bhattacharya,
(for Parijat Sinha), Krishnayan Sen, Himanshu Bhushan, Uddyam
Mukherjee, Ms. Sakshi Kakkar, (for C. D. Singh), Mohit Kumar Shah,              c
Gaurav Kanth, Pushkar Taimni, V. N. Raghupathy, Lagnesh Mishra,
Parikshit P. Angadi, Prakash Jadhav, Saurabh Ajay Gupta, Nishant
Bishnoi, (for Kuldeep Singh), C. K. Sasi, Varinder Kumar Sharma,
Ms. Sunita Sharma, Advs. for the appearing patties.
       The Judgment of the Court was delivered by                               D
      JAGDISH SINGH KHEHAR, CJI 1. The petitioners have
approached this Court, seeking a writ in the nature of mandamus, for a
direction to the respondents, (which includes t\c Union Government, all
the State Governments and the Union Territories) to ensure, that no
industry which requires "consent to operate" from the concerned Pollution       E
Control Board, is pennitted to function, unless it has a functional eftluent
treatment plant, which is capable to meet the prescribed norms for
removing the pollutants from the eftluent, before it is discharged.
       2. The Union of India, and the State Governments (including the
Union Territories) have filed counter affidavits, expressing their individual    F
positions. During the course of hearing, learned counsel representing
the respondents, also )llade some suggestions, which could be highly
beneficial, in carrying forward the process of removing pollutants, from
the discharged eftluent, in a systematic and co-ordinated manner.
       3. During the course of hearing, it was not disputed between the         G
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 "consentto 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 eftluent treatment plant
has been set up, the concerned Pollution Control Board grants a "no             H
22             SUPREME COURT REPORTS                           [2017) 2 S.C.R.



A    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.

B          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 "consentto 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
c   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
D industrial unit requiring "consent to operate", ha~ a functional primary
    effluent treatment plant. Such of the industrial units, which have not
    been able to make their primary,effluent treatment pla11t 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
E   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
F 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
G    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
H
 PARYAVARAN SURAKSHA SAMITI AND ANR. v. UNION OF                                 23
      INDIA & ORS. [JAGDISH SINGH KHEHAR, CJI]

severely and critically polluted industries, so that visible results emerge      A
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 such complaint,
  the concerned Pollution Control Board, shall be obliged to verify the          B
  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
                                                                                 c
  plants. We afe 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 JS 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             D
  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 lip
  "common effluent treatment plants", according to learned counsel, is
                                                                                  E
  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,          F
  which are already under implementation, we hope and expect, that they
  would be completed within the time lines already postulated. With
  reference to common effluent treatment plants, which are yet to be se\
  up, we consider it just and appropriate to direct, the concerned State
  Governments (including, the concerned Union Territories) to complete            G
  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.                                                                       H
    24             SUPREME COURT REPORTS                          [2017] 2 S.C.R.


    A           9. During the course of hearing, we were infonned 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
    B
         carried out, again because of lack of financial resources.
                 I 0. Given the responsibility vested in Municipalities under Article
         .243W of the Constitution, as also, in item 6 of the 12'" Schedule, wherein
          the aforesaid obligation, pointedly extends to "public health, sanitation
          conservancy and solid waste management", we are of the view, that the
    c     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
          financial constraints, the remedy lies in Articles 243X and 243Y of the
    D     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
    E     domestic beneficiaries, of the facility. The process of evolving the above
          nonns, 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 furids, for setting up
•   F      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, ofrunning the "common effluent treatment plants", which
    G      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
    H
PARYAVARAN SURAKSHA SAMIT! AND ANR. v. UNION OF                                 25
     INDIA & ORS. [JAGDISH SINGH KHEHAR, CJ!]

sewer, directly into rivers and water bodies.                                   A
       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.                                                                    B
        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            c
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        D
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        E
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 dividing the jurisdictional
area into units. The above mentioned case files, will be listed periodically.    F
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
                                                                                G
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 Jines and directions
issued by Courts or Benches of the National Green Tribunal, hitherto
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26              SUPREME COURT REPORTS                          [2017) 2 S.C.R.


A    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 prevalenttime line(s), and also, where a longer period,
     has been provided for.
B           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
c    adopted the aforesaid 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.
D

     Kalpana K. Tripathy                                    Wcit Petition disposed of.