The case of Shailesh Singh v. State of Uttar Pradesh adjudicated by the National Green Tribunal (NGT) on March 18, 2021, addresses critical issues surrounding the pollution of the Kosi River in Rampur District. The primary focus of the litigation revolves around the continued operation of industrial entities, notably Radico Khaitan Limited, despite directives for closure due to non-compliance with environmental regulations. The appellants, including Ms. Preeti Singh and Dr. Tanzeen Fatima, sought remedial actions against persistent pollution emanating from these industries, implicating state authorities and industry players in environmental degradation.

The NGT, in its comprehensive order, reaffirmed the necessity of stringent regulatory compliance by industrial entities to curb environmental pollution. The Tribunal observed repeated violations by Radico Khaitan Limited and other industries, including unauthorized groundwater extraction, improper waste management, and non-adherence to closure orders. The court mandated several remedial actions, such as dismantling excess lagoon capacities, enforcing groundwater extraction norms, and ensuring proper disposal of industrial effluents. Additionally, the Tribunal emphasized the accountability of state authorities in enforcing environmental laws and highlighted the importance of coordinated efforts between various regulatory bodies.

Precedents Cited

The judgment draws upon prior orders and guidelines established by the NGT and other environmental regulatory bodies. Notably, it references the Hon'ble NGT order dated 20.05.2019 and orders from previous hearings in 2016, 2017, 2019, and 2020, which collectively outline the ongoing struggle to enforce environmental compliance among industrial polluters. Additionally, the case aligns with principles set forth in M.C. Mehta v. Union of India & Ors., emphasizing the Tribunal's role in ensuring the protection of the Ganga River through stringent pollution control measures.

Legal Reasoning

The Tribunal's legal reasoning is anchored in the enforcement of the Environment (Protection) Act, 1986, emphasizing the illegality of continued industrial operations despite closure directives. The court scrutinized the role of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (UPPCB and UKPCB) in monitoring and enforcing environmental norms. It highlighted systemic failures, such as the inability of authorities to act against polluters actively and the collusion between industries and state officials facilitating ongoing violations. By mandating specific actions—like the dismantling of lagoons and strict groundwater extraction regulations—the Tribunal reinforced the supremacy of environmental laws over industrial prerogatives.

Impact

This judgment sets a significant precedent for environmental jurisprudence in India by underscoring the Tribunal’s authority to impose comprehensive remedial actions on polluters and hold state bodies accountable for regulatory lapses. It serves as a deterrent against industrial non-compliance, signaling that environmental degradation will attract stringent legal repercussions. Future cases involving industrial pollution of waterways can reference this decision to advocate for stricter enforcement of environmental protections and collaborative oversight between central and state regulatory agencies.

• Environment (Protection) Act, 1986: A comprehensive legislation empowering the central government to protect and improve the environment.
• Groundwater Extraction: The process of removing water from the ground, often via borewells, which can lead to depletion and contamination if not properly regulated.
• Environmental Compensation (EC): Financial penalties imposed on polluters to compensate for environmental damage caused by their activities.
• No Objection Certificate (NOC): A formal document stating that one party has no objection to the details outlined within the certificate, often required for environmental permissions.
• Bio-Composting: A process by which organic waste is decomposed to produce compost, used as a fertilizer.
• Effluent Treatment Plant (ETP): Facilities designed to treat wastewater to meet environmental discharge standards before releasing it into the environment.

The Shailesh Singh v. State of Uttar Pradesh judgment marks a pivotal advancement in environmental law enforcement within India. By holding both industrial entities and state regulatory bodies accountable for environmental degradation, the NGT reinforces the imperative of sustainable industrial practices. The comprehensive directives issued aim to mitigate pollution, safeguard water bodies like the Kosi River, and ensure the protection of groundwater resources. This case not only exemplifies the Tribunal's commitment to environmental justice but also sets a robust framework for addressing similar challenges in the future, thereby contributing to the broader objective of ecological preservation and responsible industrial governance.