TaxTMI 
TaxTMI 
2017 (2) TMI 1476
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....ri Pathak Kaushik, Adv., Ms. Shilpi Satya Priya Satyam, Adv., Mr. Rahul Kaushik, Adv., Mr. Ashutosh Kr. Sharma, Adv. State of Jharkhand : Mr. Tapesh Kumar Singh, Adv., Mr. Mohd. Waquas, Adv., Mr. Sukant Vikram, Adv., Mr. Aditya Pratap, ingh, Adv. State of Telangana : Mr. S. Udaya Kumar Sagar, Adv., Mr. Mrityunjai Singh, Adv. State of AP : Mr. Guntur Prabhakar, Adv., Ms. Prerna Singh, Adv. State of UP : Mr. M.R. Shamshad, Adv., Mr. Rajat Singh, Adv., Mr. Aditya Samaddar, Adv., Ms. Harshita Deshwal, Adv. State of Tamil Nadu : Mr. Paramasivam, Adv., Mr. B. Balaji, Adv., Mr. Muthuvel palani, Adv., Mr. S. Kumar, Adv. For CPCB : Mr. Vijay Panjwani, Adv. State of Bihar : Ms. Varsha Poddar, Adv., for Mr. Gopal Singh, AOR State of West Bangal : Mr. Joydeep Mazumdar, adv., Mr. Debojyoti Bhattacharya, Adv., for Mr. Parijat Sinha, AOR State of Odisha : Mr. Krishnayan Sen, Adv., Mr. Himanshu Bhushan, Adv., Mr. Uddyam Mukherjee, Adv. State of Chhatisgarh : Ms. Sakshi Kakkar, Adv., for Mr. C. D. Singh, AOR, Mr. Mohit Kumar Shah, Adv., Mr. Gaurav Kanth, Adv., Mr. Pushkar Taimni, Adv. State of Karnataka : Mr. V. N. Raghupathy, Adv., Mr. Lagnesh Mishra, Adv., Mr. Par....
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....on Control Boards, to issue notices to all industrial units, which require "consent to operate", by way of a common advertisement, requiring them to make their primary effluent treatment plants fully operational, within three months from today. On the expiry of the notice period of three months, the concerned State Pollution Control Board(s) are mandated to carry out inspections, to verify, whether or not, each industrial unit requiring "consent to operate", has a functional primary effluent treatment plant. Such of the industrial units, which have not been able to make their primary effluent treatment plant fully operational, within the notice period, shall be restrained from any further industrial activity. This direction may be implemented by requiring the concerned electricity supply and distribution agency, to disconnect the electricity connection of the defaulting industry. We therefore hereby further direct, that in case the concerned State Pollution Control Boards make a recommendation to the concerned electrical supply and distribution agency/company, to disconnect electricity supply to an industry, for the reason that its primary effluent treatment plant is not functional....
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....taken care of, as has been expressed above, we are of the view, that the setting up of "common effluent treatment plants", should be taken up as an urgent mission. With reference to common effluent treatment plants, which are already under implementation, we hope and expect, that they would be completed within the time lines already postulated. With reference to common effluent treatment plants, which are yet to be set up, we consider it just and appropriate to direct, the concerned State Governments (including, the concerned Union Territories) to complete the same within a period of three years, from today. We are also of the view, that while acquiring land for the 'common effluent treatment plants', the concerned State Governments (including, the concerned Union Territories) will acquire such additional land, as may be required for setting up "zero liquid discharge plants", if and when required in the future. 9. During the course of hearing, we were informed by learned counsel, that the running of 'common effluent treatment plants', which are in place, is also a matter of serious concern. In this behalf, it was submitted, that some of the common effluent treatm....
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....ischarge industrial pollutants and sewer, directly into rivers and water bodies. 12. We are of the view, that in the manner suggested above, the malady of sewer treatment, should also be dealt with simultaneously. We therefore hereby direct, that 'sewage treatment plants' shall also be set up and made functional, within the time lines and the format, expressed hereinabove. 13. We are of the view, that mere directions are inconsequential, unless a rigid implementation mechanism is laid down. We therefore hereby provide, that the directions pertaining to continuation of industrial activity only when there is in place a functional "primary effluent treatment plants", and the setting up of functional "common effluent treatment plants" within the time lines, expressed above, shall be of the Member Secretaries of the concerned Pollution Control Boards. The Secretary of the Department of Environment, of the concerned State Government (and the concerned Union Territory), shall be answerable in case of default. The concerned Secretaries to the Government shall be responsible of monitoring the progress, and issuing necessary directions to the concerned Pollution Control Board, ....