PARYAVARAN SURAKSHA SAMITI AND ANOTHER versus UNION OF INDIA & OTHERS

PARYAVARAN SURAKSHA SAMITI AND ANOTHER versus UNION OF INDIA & OTHERS

Industries requiring consent from Pollution Control Board must operate only with a functional primary effluent treatment plant; State Pollution Control Boards shall ensure compliance through periodic inspection, and restrain industrial units failing to comply within three months, including electricity disconnect. Municipalities must operate common effluent treatment plants under relevant constitutional provisions. Mechanisms for complaint, monitoring, and enforcement are mandated.

Parties
Petitioner: Paryavaran Suraksha Samiti; Respondent: Union of India; Respondent: State Governments and Union Territories
Jurisdiction
India
Judgment Date
22 February 2017
Procedural Posture
Writ Petition (civil) / Final Disposition at Supreme Court
Outcome
Writ petition disposed of
Legal Topics
Industrial Pollution Control, Effluent Treatment Plants, Municipal Responsibilities, Monitoring of Environmental Compliance
Environmental Law Constitutional Law Industrial Pollution Control Effluent Treatment Plants Municipal Responsibilities Monitoring of Environmental Compliance

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Parties

Paryavaran Suraksha Samiti

Petitioner

Union of India

Respondent

State Governments and Union Territories

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition at Supreme Court

Legal Issues

  1. 1 Whether industries requiring 'consent to operate' must have functional effluent treatment plants meeting prescribed norms
  2. 2 Responsibility for setting up and operation of common effluent treatment plants
  3. 3 Implementation and monitoring mechanisms for effluent treatment compliance

Ratio Decidendi

Industries requiring consent from Pollution Control Board must operate only with a functional primary effluent treatment plant; State Pollution Control Boards shall ensure compliance through periodic inspection, and restrain industrial units failing to comply within three months, including electricity disconnect. Municipalities must operate common effluent treatment plants under relevant constitutional provisions. Mechanisms for complaint, monitoring, and enforcement are mandated.

Court Disposition

Writ petition disposed of

Orders

  • State Pollution Control Boards to issue notices requiring operationalisation of primary effluent treatment plants within three months.
  • Defaulting industrial units shall be restrained from further activity and electricity supply disconnected upon Pollution Control Board recommendation.