Judgement of the Supreme Court of India regarding industries without a functional effluent treatment plant not allowed to operate (consent to operate), 22/02/2017

  • 22/02/2017

Judgement of the Supreme Court of India in the matter of Paryavaran Suraksha Samiti Vs Union of India & Others dated 22/02/2017. The Applicant seeks that the Apex Court issues direction to the Union Government, all the State Governments and the Union Territories 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.

Supreme Court was of the view that unless a rigid implementation mechanism is laid down mere directions are inconsequential and thus they directed "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, 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".