Introduction

The case of Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. heard by the National Green Tribunal (NGT) on February 22, 2021, addresses the critical issue of river pollution in India. The petitioners, represented by the Paryavaran Suraksha Samiti, challenged the Union of India and other respondents over the inadequate establishment and functioning of Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), and Sewage Treatment Plants (STPs) necessary for controlling industrial and domestic waste discharge into rivers. This case builds upon previous judgments, notably the Supreme Court's decision in Paryavaran Suraksha Samiti Vs. Union of India (2017), emphasizing the urgent need for stringent pollution control measures.

Summary of the Judgment

The NGT, presided over by Hon'ble Mr. Justice Adarsh Kumar Goel and accompanying members, delivered a comprehensive order mandating the following key directives:

• Establishment and Functioning of Treatment Plants: All relevant states and union territories must establish requisite ETPs, CETPs, and STPs by March 31, 2018, as per the Supreme Court's mandate.
• Monitoring and Compliance: The Central Monitoring Committee (CMC), headed by the Secretary of Jal Shakti, Government of India (GoI), in coordination with the Central Pollution Control Board (CPCB) and the National Mission for Clean Ganga (NMCG), is tasked with overseeing compliance.
• Compensation Regime: A template for environmental compensation has been established for states failing to comply with the order, following the 'Polluter Pays' principle.
• River Rejuvenation Committees (RRCs): Each state and union territory must form RRCs responsible for preparing and executing action plans to restore polluted rivers.
• Legal Accountability: Chief Secretaries and other high-ranking officials are held accountable for non-compliance, with provisions for penalties, including fines and potential prosecutions.

Analysis

Precedents Cited

The judgment extensively references prior Supreme Court decisions, particularly Paryavaran Suraksha Samiti Vs. Union of India (2017) (2017) 5 SCC 326, which laid down the foundational directives for setting up treatment plants by stringent deadlines. Additionally, the case draws upon principles established in Vellore Citizens' Welfare Forum v. Union of India (1996) and State of Orissa v. Govt. of India (2009) 5 SCC 492, reinforcing the constitutional mandate to protect the environment as part of the right to life under Article 21.

Legal Reasoning

The Tribunal underscored the obligation of states under the Water (Prevention and Control of Pollution) Act, 1974, which mandates the creation of pollution control boards and the regulation of waste discharge into water bodies. The legal reasoning emphasizes the non-substitutability of environmental compensation for actual compliance and the imperative for rigid implementation mechanisms to enforce compliance. The Tribunal's stance aligns with the 'Polluter Pays' principle, mandating that entities responsible for pollution bear the costs of remediation.

Impact

This landmark judgment has significant implications for environmental law in India:

• Strengthened Enforcement: Establishes a more robust framework for enforcing environmental regulations, diminishing the state's ability to delay compliance indefinitely.
• Accountability Mechanisms: Introduces strict accountability measures for state officials, enhancing transparency and responsibility in environmental governance.
• Future Precedents: Sets a precedent for addressing similar environmental issues, potentially influencing future litigation and policy-making in environmental protection.
• Enhanced Monitoring: Promotes the use of technology and data management systems (e.g., IoT-enabled monitoring) to ensure real-time compliance and data accuracy.

Complex Concepts Simplified

Effluent Treatment Plant (ETP)

An Effluent Treatment Plant (ETP) is a facility designed to treat industrial wastewater before it is discharged into the environment. The primary function of an ETP is to remove harmful pollutants and contaminants from the wastewater, ensuring that the treated water meets environmental standards.

Common Effluent Treatment Plant (CETP)

A Common Effluent Treatment Plant (CETP) serves multiple industries within an industrial cluster or area. By centralizing the treatment process, CETPs offer economies of scale, reducing the overall cost and improving the efficiency of waste management.

Sewage Treatment Plant (STP)

A Sewage Treatment Plant (STP) processes domestic wastewater from households, commercial establishments, and public facilities. The STP removes contaminants to produce treated sewage effluent, which can be reused for non-potable purposes such as irrigation, industrial processes, or replenishing groundwater.

Biochemical Oxygen Demand (BOD)

Biochemical Oxygen Demand (BOD) is a measure of the amount of oxygen required by microorganisms to decompose organic matter in water. High BOD levels indicate high levels of organic pollution, which can deplete dissolved oxygen in water bodies, harming aquatic life.

Conclusion

The NGT's judgment in Paryavaran Suraksha Samiti & Anr. v. Union of India & Ors. marks a pivotal moment in India's environmental jurisprudence. By enforcing strict timelines for the establishment and functioning of ETPs, CETPs, and STPs, the Tribunal not only reinforces the state's constitutional obligations under Article 21 but also embodies the principles of sustainable development, precaution, and the polluter pays. The comprehensive monitoring and accountability mechanisms introduced are poised to significantly mitigate the rampant pollution of India's rivers, ensuring the protection of public health and the preservation of vital ecosystems for future generations.