State Organs, Particularly Environmental Bodies Must Diligently Ensure Timely Compliance With NGT Directions: Supreme Court

The Supreme Court recently emphasised that every State organ, especially the ones associated with environment protection such as Chhattisgarh Environment Conservation Board (CECB) must diligently ensure timely compliance with the directions of the National Green Tribunal.

“we hasten to make it abundantly clear that every State organ and, in particular, the wings of the Government associated with environment protection, such as the CECB, must be all the more diligent in ensuring timely compliance with the directions of the NGT. Needless to state, such directions are aimed at protection and preservation of the ecology and environment and must take highest priority”, the Court said.

A bench of Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice R Mahadevan made this observation while setting aside an NGT order initiating criminal complaints against the Chairman and the Member Secretary of the CECB for non-compliance with NGT orders.

Case Details

The NGT in the impugned order had directed the Union Ministry of Environment, Forest and Climate Change to lodge a criminal complaint before the Magistrate's Court against Subrat Sahoo, Chairman, CECB, and P Arun Prasad, Member Secretary under Section 26 of the National Green Tribunal Act, 2010.

The Central Pollution Control Board (CPCB) on February 5, 2014 issued directions under the Water (Prevention & Control of Pollution) Act, 1974, and the Air (Prevention & Control of Pollution) Act, 1981, aimed at 17 categories of highly polluting industries. These directions mandated the installation of Online Continuous Emission Monitoring Systems (OCEMS) and Online Effluent Quality Monitoring Systems (OEQMS) for these industries. State Pollution Control Boards were required to ensure installation and regular operation of pollution control facilities, such as continuous effluent and emission monitoring devices in these industries.

On February 22, 2017, the Supreme Court, in the case of Paryavaran Suraksha Samiti v. Union of India, issued several directions for the installation of Effluent Treatment Plants, Common Effluent Treatment Plants, and Sewage Treatment Plants. The Court emphasized that effective implementation required a robust mechanism and assigned responsibilities to the Pollution Control Board and the Department of Environment in each State/UT. The NGT was tasked with supervising complaints regarding non-implementation. The Court allowed individuals and organizations to approach the NGT for enforcement of these directions. Additionally, the Court mandated the introduction of online, real-time monitoring systems to publicly display emission levels, directing all State Governments to adopt these measures within six months.

One Ramesh Agarwal approached the NGT with complains of non-compliance. The NGT on February 3, 2023, assessed compliance measures in the states of Madhya Pradesh, Rajasthan, and Chhattisgarh and found that only 84 of the 167 industries in Chhattisgarh could be accessed using links that required a user ID and password. The general public could not directly access the online data, and historic data for most industries was not available. The NGT directed the state of Chhattisgarh to make its website more user-friendly within 60 days.

The CECB filed an application seeking extension of time to comply with the NGT's order. The CECB detailed steps taken, including issuing fresh tenders for the purchase of Internet of Things Devices and their annual maintenance. The CECB sought an additional 12 months to make real-time data acquisition more efficient and accessible.

The NGT on August 21, 2023 expressed strong disapproval of the CECB's application. The NGT held that the CECB had shown a serious lack of efficiency and competence despite pendency of the matter for almost two years. NGT directed that criminal proceedings be initiated against the Chairman and Member Secretary under Section 26 of the NGT Act.

Aggrieved by this order, the CECB, along with the Chairman and Member Secretary, filed the present appeals before the Supreme Court.

In a compliance affidavit dated January 10, 2024 filed before the Supreme Court, the CECB stated that it had provided direct access links to 128 industries by November 2023. Notices were issued to the remaining industries, and by December 2023, direct access links to all 167 industries were made available on the CECB's website.

The Supreme Court, while taking a serious view of the lapses on the part of CECB in implementing the direction of the NGT, decided to interfere with the NGT's direction to initiate criminal proceedings, emphasizing that Section 26 of the NGT Act should be exercised with care and caution. Considering that the CECB had achieved substantial compliance with the NGT's directions, the Court decided to set aside the impugned order.

“Section 26 rightly provides for penal action being taken against anyone who fails to comply with an order, award and decision of the NGT but this power has to be exercised with care and caution. In the case on hand, the delay on the part of the CECB in the given facts does not amount to wilful negligence or an abject dereliction of duty on its part in abiding by such directions. Substantial compliance having been achieved, the CECB only sought some more time to make its website more user friendly”, the Court observed while allowing the appeals.

Case no. – Civil Appeal No. 6707 of 2023

Case Title – P Arun Prasad and Anr. v. Union of India and Ors.

Citation : 2024 LiveLaw (SC) 597