PARYAVARAN SURAKSHA SAMITI AND ANOTHER versus UNION OF INDIA & OTHERS

Citation: [2017] 2 S.C.R. 17 · Decided: 22-02-2017 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Disposed off

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Judgment (excerpt)

(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 
[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 
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 
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, 
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 
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 
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", 
17 
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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 
B 
c 
D 
E 
F 
G 
H 
Control Boards, to issue notices to al I 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 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 
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 
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 
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 
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) 
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 
reference to common effluent treatment pla

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