9911796707
TMI Blog2017 (2) TMI 1476X X X X Extracts X X X X X X X X Extracts X X X X ..... f land acquisition, for the same. Given the responsibility vested in Municipalities under Article 243W of the Constitution, as also, in item 6 of the 12th Schedule, wherein the aforesaid obligation, pointedly extends to public health, sanitation conservancy and solid waste management , we are of the view, that the onus to operate the existing common effluent treatment plants, rests on municipalities (and/or local bodies). Given the aforesaid responsibility, the concerned municipalities (and/or local bodies), cannot be permitted to shy away, from discharging this onerous duty. In case there are further financial constraints, the remedy lies in Articles 243X and 243Y of the Constitution. It will be open to the concerned municipalities(and/or local bodies), to evolve norms to recover funds, for the purpose of generating finances to install and run, all the common effluent treatment plants , within the purview of the provisions referred. The process of evolving the above norms, shall be supervised by the concerned State Government (Union Territory), through the Secretaries, Urban Development and Local Bodies respectively, (depending on the location of the respective common effl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Such measures shall be put in place by all the concerned State Governments( including, the concerned Union Territories), within six months from today - Petition disposed off. - WRIT PETITION (C) NO. 375 OF 2012 - - - Dated:- 22-2-2017 - Hon'ble the Chief Justice, Hon'ble Dr. Justice D.Y. Chandrachud And Hon'ble Mr. Justice Sanjay Kishan Kaul For the Petitioner : Mr. Colin Gonsalves, Sr. Adv, Mr. Gunjan Singh, Adv., for Ms. Jyoti Mendiratta, AOR For the Respondent : Ms. Pinky Anand, ASG, Mr. S.W.A. Qadri, Adv., Mr. Ajay Sharma, Adv., Mr. Balendu Shekhar, Adv. , Mr. Ansh Singh Luthra, Adv., Mr. Hemant Arya, Adv., for Mr. G.S. Makker, AOR, State of Haryana : Mr. Anil Grover, AAG, Mr. Satish Kumar, Adv., Mr. Sanjay Kr. Visen, AOR State of Rajasthan : Mr. S.S. Shamshery, AAG, Mr. Amit Sharma, Adv., Mr. Ankit Raj, Adv., for Ms. Ruchi Kohli, AOR State of MP : Mr. Purushaindra Kaurav, AAG, Mr. Mishra Saurabh, Adv., Mr. Ankit Kr. Lal, Adv., Ms. Vanshuja Shukla, Adv., Ms. Anuradha Mishra, Adv. State of Gujarat : Ms. Hemantika Wahi, Adv., Ms. Jesal Wahi, Adv., Ms. Mamta Singh, Adv. State of Uttarakhand : Ms. Bhuvneshwari Pathak Kaushik, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic and co-ordinated manner. 3. During the course of hearing, it was not disputed between the rival parties, that the initiation of the process has to be at the individual level of the industry itself. It was suggested that each industry which requires consent to operate from the concerned Pollution Control Board, should be mandated to set up a functional primary effluent treatment plant. We are informed, that only when such an effluent treatment plant has been set up, the concerned Pollution Control Board grants a no objection to the industry, and accordingly consent to operate , so as to allow the industry to become functional. It is therefore apparent, that all running industrial units, which require consent to operate from the concerned Pollution Control Board, have a functional primary effluent treatment plant, in place. 4. The question that arises for our consideration is, whether the same is maintained in good order, after the industry itself has become functional. The industry requiring consent to operate , can be permitted to run, only if its primary effluent treatment plant, is functional. We therefore consider it just and appropriate, to direct the concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion against the defaulting industry, as may be permissible in law. Such action, would be in addition to the discontinuation of industrial activity forthwith, in the manner directed hereinabove (but only after verification). 7. Having effectuated the directions recorded in the foregoing paragraphs, the next step would be, to set up common effluent treatment plants. We are informed, that for the aforesaid purpose, the financial contribution of the Central Government is to the extent of 50 per cent, that of the concerned State Government (including the concerned Union Territory) is 25 per cent. The balance 25 per cent, is to be arranged by way of loans from banks. The above loans, are to be repaid, by the industrial areas, and/or industrial clusters. We are also informed, that the setting up of a common effluent treatment plant, would ordinarily take approximately two years (in cases where the process has yet to be commenced). The reason for the above prolonged period, for setting up common effluent treatment plants , according to learned counsel, is not only financial, but also, the requirement of land acquisition, for the same. 8. In view of the fact, that the financial posi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... norms as may be evolved for generating financial resources, may include all or any, of the commercial, industrial and domestic beneficiaries, of the facility. The process of evolving the above norms, shall be supervised by the concerned State Government (Union Territory), through the Secretaries, Urban Development and Local Bodies respectively, (depending on the location of the respective common effluent treatment plant). The norms for generating funds, for setting up and/or operating the 'common effluent treatment plant' shall be finalized, on or before 31.03.2017, so as to be implemented with effect from the next financial year. In case, such norms are not in place, before the commencement of the next financial year, the concerned State Governments (or the Union Territories), shall cater to the financial requirements, of running the common effluent treatment plants , which are presently dis-functional, from their own financial resources. 11. Just in the manner suggested hereinabove, for the purpose of setting up of common effluent treatment plants , the concerned State Governments (including, the concerned Union Territories) will prioritize such cities, towns and vil ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
