Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental Law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | 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. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2017 INSC 169 |
Petitioner | Paryavaran Suraksha Samiti And Another |
Respondent | Union Of India & Others |
SCR | [2017] 2 S.C.R. 17 |
Judgement Date | 2017-02-22 |
Case Number | 375 |
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