K.C. Mittal vs Union of India and Ors

This application seeks a direction to protect, preserve and maintain the quality of water and air as presently prevailing, which could be obtained during lockdown. The applicant has referred to media reports that due to lockdown Ganga and Yamuna Rivers have become substantially pollution free as discharge of pollutants from various industries has stopped. Pollution from manmade causes must be stopped to give effect to the right of the citizens to clean environment. However, due to lack of proper implementation of law, pollution continues to be discharged into the rivers and it is not being prevented by the statutory authorities. Similar is the position of air pollution.

The issue in substance relates to enforcement of law in general. There can be no quarrel with the proposition raised in the application. Question is of enforcement of law.

The Tribunal has already issued directions for preventing pollution of Ganga O.A. No. 200/2014, M.C. Mehta v. UOI & Ors., (last order being dated 13.08.2020) and Yamuna O.A. No. No. 06/2012, Manoj Mishra & Anr. v. UOI & Ors (last order being dated 06.07.2020) and for preventing discharge of sewage and effluents in water bodies in Paryavaran Suraksha Samiti & Anr. v. UOI & Ors. O.A. No. 593/2017, (last order dated 21.05.2020). In the said order dated 21.05.2020, the Tribunal inter-alia directed:-

"26. Summary of directions:

i. All States/UTs through their concerned departments such as Urban/Rural Development, Irrigation & Public Health, Local Bodies, Environment, etc. may ensure formulation and execution of plans for sewage treatment and utilization of treated sewage effluent with respect to each city, town and village, adhering to the timeline as directed by Hon'ble Supreme Court. STPs must meet the prescribed standards, including faecal coliform.

CPCB may further continue efforts on compilation of River Basin-wise data. Action plans be firmed up with Budgets/Financial tie up. Such plans be overseen by Chief Secretary and forwarded to CPCB before 30.6.2020. CPCB may consolidate all action plans and file a report accordingly.

Ministry of Jal Shakti and Ministry of Housing and Urban Affairs may facilitate States/UTs for ensuring that water quality of rivers, lakes, water bodies and ground water is maintained.

As observed in para 13 above, 100% treatment of sewage/effluent must be ensured and strict coercive action taken for any violation to enforce rule of law. Any party is free to move the Hon'ble Supreme Court for continued violation of its order after the deadline of 31.3.2018. This order is without prejudice to the said remedy as direction of the Hon'ble Supreme Court cannot be diluted or relaxed by this Tribunal in the course of execution. PCBs/PCCs are free to realise compensation for violations but from 1.7.2020, such compensation must be realised as per direction of this Tribunal failing which the erring State PCBs/PCCs will be accountable.

ii. The CPCB may study and analyse the extent of reduction of industrial and sewage pollution load on the environment, including industrial areas and rivers and other water bodies and submit its detailed report to the Tribunal.

iii. During the lockdown period there are reports that the water quality of river has improved, the reasons for the same may be got studied and analysed by the CPCB and report submitted to this Tribunal. If the activities reopen, the compliance to standards must be maintained by ensuring full compliance of law by authorities statutorily responsible for the same.

iv. Accordingly, we direct that States which have not addressed all the action points with regard to the utilisation of sewage treated water may do so promptly latest before 30.06.2020, reducing the time lines in the action plans. The timelines must coincide with the timelines for setting up of STPs since both the issues are interconnected. The CPCB may compile further information on the subject accordingly.

v. Needless to say that since the issue of sources of funding has already been dealt with in the orders of the Hon'ble Supreme Court, the States may not put up any excuse on this pretext in violation of the judgment of the Hon'ble Supreme Court."

There are several other matters in which such directions have been issued for preventing air and other pollution including, O.A. No. 681 (Pertaining to air quality), News item Published in 'The Times of India' authored by Shri Vishwa Mohan titled NCAP with multiple Timelines to (Pertaining to pollution of industrial clusters) Clear Air in 102 Cities to be released around August 15", O.A. No. 1038/2018 , News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels" and O.A. No. 673/2018 (Pertaining to pollution of rivers), News item published in "The Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted : CPCB.

The compliance of directions is being monitored in the light of compliance reports submitted periodically.

In view of the above, no separate direction is called for.

The application stands disposed of.