National Green Tribunal Upholds Stricter Inspection Frequencies for Highly Polluting Industries in Shailesh Singh v. State of Haryana (2021)

Introduction

The case of Shailesh Singh v. State of Haryana was adjudicated by the National Green Tribunal (NGT) on March 23, 2021. The petitioner, Shailesh Singh, challenged the existing environmental compliance mechanisms implemented by the State Pollution Control Boards (SPCBs) in Haryana. The core issues revolved around the adequacy of monitoring and enforcement of environmental norms, specifically pertaining to highly polluting industries categorized under ‘17 category’, as well as ‘red’, ‘orange’, and ‘green’ categories under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

The State of Haryana and its pollution control bodies were the respondents, represented by advocates Mr. Shlok Chandra and Mr. Rahul Khurana, respectively. The case primarily addressed the need for revising the frequency of mandatory inspections and ensuring stricter compliance with environmental regulations to mitigate pollution.

Summary of the Judgment

The NGT, presided over by Hon'ble Mr. Justice Adarsh Kumar Goel among others, identified significant non-compliance with environmental norms by industries in Haryana. A joint committee report highlighted the deterioration of water quality due to unchecked discharge of untreated effluents and inadequate enforcement by statutory regulators. Citing the Supreme Court's direction in Paryavaran Suraksha Samiti v. Union of India, the Tribunal emphasized the necessity of installing requisite Effluent Treatment Plants (ETPs), Sewage Treatment Plants (STPs), and Common Effluent Treatment Plants (CETPs).

The Tribunal concluded that there was an urgent need to revise the inspection frequencies for various categories of industries. Specifically, the period between inspections for highly polluting industries was to be reduced, and the frequency increased to ensure better environmental surveillance. Additionally, recommendations were made for enhancing the capacity of SPCBs/PCCs by procuring necessary equipment, setting up modern laboratories, and recruiting qualified personnel.

In its orders, the NGT directed the State of Haryana to implement shorter inspection intervals as follows:

Highly Polluting 17 Category: Every 3 months
Red Category: Every 6 months
Orange Category: Every 1 year
Green Category: Every 2 years
CBWTF/CHWSRDF/CMSWTDF/CETP/STP: Every 3 months

Moreover, the Tribunal mandated the Central Pollution Control Board (CPCB) to ensure that these inspection norms be adopted across all states, tailoring them based on local air and water quality data. Additional directives included the establishment of compensation regimes for environmental violations and the enhancement of technical infrastructure within PCB bodies.

Analysis

Precedents Cited

The Tribunal referenced the landmark Supreme Court case Paryavaran Suraksha Samiti v. Union of India (2017) 5 SCC 326, which emphasized the prohibition of discharging untreated effluents into water bodies and mandated the installation of ETPs, STPs, and CETPs by industries. This precedent underlined the judiciary's stance on stringent environmental protection measures and the obligation of industries to adhere to prescribed norms to prevent ecological degradation.

Legal Reasoning

The NGT's legal reasoning was anchored in the principles of sustainable development and the 'Polluter Pays' doctrine. Recognizing the critical state of water quality in Haryana, the Tribunal stressed that existing monitoring mechanisms were insufficient to curb industrial pollution effectively. By mandating more frequent inspections, the NGT aimed to ensure continuous oversight and prompt identification of non-compliance issues. Furthermore, the Tribunal highlighted the necessity of robust infrastructure within SPCBs/PCCs to facilitate effective enforcement of environmental laws.

Impact

This judgment sets a significant precedent for environmental governance in India. By enforcing stricter inspection frequencies, the NGT reinforces the accountability of industries towards environmental sustainability. The mandated revisions are expected to lead to enhanced compliance, reduced pollution levels, and better protection of public health. Additionally, the emphasis on strengthening PCB infrastructures and establishing compensation regimes paves the way for more resilient environmental regulatory frameworks across the country.

Complex Concepts Simplified

SPCB/PCC: State Pollution Control Board/Common Pollution Control Committee responsible for enforcing environmental regulations at the state level.
ETP/STP/CETP: Effluent Treatment Plant, Sewage Treatment Plant, and Common Effluent Treatment Plant - facilities designed to treat industrial and municipal waste before its discharge into the environment.
17 Category Industries: Industries classified under the most polluting category, subject to stringent regulatory controls due to their potential environmental impact.
Polluter Pays Principle: An environmental policy principle where the polluting party pays for the damage done to the natural environment.
Action Taken Report (ATR): A report submitted by regulatory bodies detailing the measures they have undertaken to comply with tribunal or court orders.

Conclusion

The judgment in Shailesh Singh v. State of Haryana underscores the National Green Tribunal's commitment to enforcing stringent environmental safeguards. By revising inspection frequencies and strengthening regulatory infrastructures, the Tribunal has bolstered the mechanisms necessary for effective environmental governance. This landmark decision not only addresses the immediate concerns regarding pollution in Haryana but also sets a blueprint for other states to enhance their compliance frameworks. The emphasis on accountability, infrastructure enhancement, and adherence to environmental norms marks a significant stride towards sustainable development and the preservation of ecological balance in India.