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Supreme Court 2017: No Industry Without ETP; Municipalities Must Run CETPs -
Paryavaran Suraksha Samiti On Water Pollution. The Supreme Court in Paryavaran
Suraksha Samiti vs Union Of India on 22.02.2017 addressed the crisis of water pollution
from industrial effluent and municipal sewage. The Court held that industries cannot
operate without functional treatment plants and municipalities cannot avoid
responsibility for CETPs. The Court fixed strict timelines and accountability. This blog
explains Paryavaran Suraksha Samiti vs UOI on pollution control law.
The Core Issue: Consent To Operate Linked To Functional ETP. The Supreme Court
in Paryavaran Suraksha Samiti vs UOI: Under law, PCB grants "consent to operate" only if
industry has functional primary ETP.The Supreme Court in Paryavaran Suraksha Samiti
vs UOI para 4: But after consent, many industries let ETP become non-functional. The
Supreme Court in Paryavaran Suraksha Samiti vs UOI: Solution: SPCB to issue public
notice. 3 months to make ETP operational. Post 3 months, inspection. No ETP =
industry closed + electricity cut.The Supreme Court in Paryavaran Suraksha Samiti vs
UOI: This direction prioritizes "severely and critically polluted industries" first for visible
results.The Supreme Court in Paryavaran Suraksha Samiti vs UOI: Public can also
complain. After verification, SPCB must act + disconnect power.A common mistake by
industries is to treat ETP as one-time compliance.
Paryavaran makes it continuous.Who Pays For CETPs? Municipalities Held Liable.
The Supreme Court in Paryavaran Suraksha Samiti vs UOI para 9: Problem with existing
CETPs - dis-functional due to "lack of finances" and "repairs not carried out".The
Supreme Court in Paryavaran Suraksha Samiti vs UOI para 10: Cited Article 243W + 12th
Schedule Item 6: Municipalities responsible for "public health, sanitation conservancy".
The Supreme Court in Paryavaran Suraksha Samiti vs UOI: "Onus to operate existing
CETPs rests on municipalities". Cannot "shy away from discharging this onerous
duty".The Supreme Court in Paryavaran Suraksha Samiti vs UOI: Remedy for funds:
Articles 243X, 243Y. Evolve norms to recover from all beneficiaries. Deadline:
31.03.2017. If norms not ready, State to pay.The Supreme Court in Paryavaran Suraksha
Samiti vs UOI: For new CETPs: Centre 50% + State 25% + 25% loan.
State to complete in 3 years.STPs And Real-Time Monitoring. The Supreme Court in
Paryavaran Suraksha Samiti vs UOI para 12: "Malady of sewer treatment" to be dealt
same way. STPs also to be set up and functional within timelines.The Supreme Court in
Paryavaran Suraksha Samiti vs UOI: States to prioritize areas discharging directly into
rivers.The Supreme Court in Paryavaran Suraksha Samiti vs UOI para 17: Within 6
months, all States to have "online, real time, continuous monitoring system" to display
emission levels in public domain on SPCB portal. 3 States already did it.The Supreme
Court in Paryavaran Suraksha Samiti vs UOI: This brings transparency and public
scrutiny.
Accountability: Secretaries And NGT. The Supreme Court in Paryavaran Suraksha
Samiti vs UOI para 13: Member Secretary, SPCB personally responsible for
ETP/CETP/STP directions. Secretary, Environment Dept answerable for default.The
Supreme Court in Paryavaran Suraksha Samiti vs UOI: Data collection duty on
Secretaries. Data to go to CGWA then NGT.The Supreme Court in Paryavaran Suraksha
Samiti vs UOI para 14: NGT to keep running files, list periodically. SPCB to prosecute
defaulters.
Conclusion
Paryavaran Suraksha Samiti vs Union Of India sets framework for water pollution
etp cetp stp supreme court directions 2017. Supreme Court 22.02.2017 made ETP
compliance non-negotiable with electricity disconnection. Made municipalities
financially responsible for CETPs. Gave 3-year deadline for infrastructure. Created NGT
+ Secretary level monitoring. As the law stands, prevention of discharge into rivers is
now judicially mandated with timelines. The Supreme Court’s ruling in Paryavaran
Suraksha Samiti vs UOI is critical for Namami Gange and all river rejuvenation projects.
