Source: National Green Tribunal 

Why in News? 

A recent article in The Indian Express states a serious health crisis in Greater Noida, where over 300 residents, including 170 children, fell ill due to E.coli and bleaching powder in the water supply. The National Green Tribunal (NGT) took Suo moto cognizance  of the issue, linking it to potential violations of the Water (Prevention and Control of Pollution) Act and the Environment Protection Act, and has issued notices to relevant authorities to respond by 28th January, 2025. 

What was the Background of the Case? 

• On 13^th September 2024, The Indian Express published a news article titled "E. Coli traces of bleaching powder found in Greater Noida housing society water samples." 
• The Article reported of water contamination at Supertech Ecovillage 2, a housing society in Greater Noida West. 
• Over 300 residents, including 170 children, fell ill due to the contaminated water supply. 
• Affected residents experienced symptoms such as diarrhea, vomiting, stomach pain, and fever. 
• Water samples from the housing society were found to contain traces of E. coli bacteria and bleaching powder. 
• The presence of E. coli in drinking water poses significant health risks, particularly for vulnerable populations like children and the elderly. 
• Potential causes of contamination mentioned in the article included improper flushing of water tanks. 
• The Greater Noida Authority is responsible for supplying water up to the reservoir of group housing societies. 
• Internal water distribution within the housing society is managed by either the builder or the Apartment Owners Association (AOA). 
• The incident raises concerns regarding compliance with the Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986. 
• The matter involves multiple stakeholders, including local authorities, pollution control boards, and housing society management. 

What were the Court’s Observations? 

• The Tribunal, exercising its suo motu jurisdiction as affirmed by the Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. (2021) has taken cognizance of the matter based on the news article. 
• The Bench determined that the news item raises substantial issues relating to compliance with provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986. 
• The Tribunal, in its discretion, has impleaded the Chairman of Greater Noida Authority, Uttar Pradesh Pollution Control Board, Central Pollution Control Board, and the District Magistrate of Greater Noida as respondents in the matter. 
• The Bench has directed the issuance of notices to the respondents, requiring them to file their responses/replies in the form of affidavits before the Tribunal at least one week prior to the next date of the hearing. 
• The Tribunal has further stipulated that if any respondent directly files a reply without routing it through their advocate, the said respondent shall remain virtually present to assist the Tribunal during proceedings. 

What is Suo Moto Cognizance? 

• Suo moto jurisdiction is part of judicial activism in India, where courts initiate proceedings on their own motion to address issues of public importance, especially human rights violations and environmental protection. 
• The philosophical justification is to deliver justice to disadvantaged sections who may not be able to approach courts themselves. Critics argue it violates separation of powers. 
• There is no specific law governing suo moto jurisdiction, but it has been legalized through Supreme Court Rules in 2014.  
  • Courts have exercised it in various matters of public interest. 
• In environmental cases, suo moto cognizance has been particularly important as issues often affect large populations.  
  • The Supreme Court has taken up several environmental matters suo moto. 
• The National Green Tribunal (NGT) was established in 2010 as a specialized environmental court.  
  • Unlike regular tribunals, it aims to safeguard fundamental rights related to environment under Article 21. 
• Initially, the NGT Act did not explicitly provide suo moto powers to NGT.  
  • In 2012, NGT itself observed it did not have such powers. 
• However, given NGT's mandate to address collective environmental issues and protect fundamental rights, there are arguments for a broader interpretation of its powers to include suo moto jurisdiction. 
• The Supreme Court has directed that environmental matters under NGT's purview should be litigated before NGT rather than other courts. 

What are Landmark Case Laws on Suo Motu Cognizance? 

• Society for Protection of Silent Valley v Union of India and Ors: Marked the initial phase of PILs in environmental matters. 
• Sarin Memorial Legal Aid Foundation v State of Punjab (2017): Supreme Court took up writ petitions to examine encroachment in the catchment area of Sukhna Lake. 
• Doon Valley case (Rural Litigation and Entitlement Kendra, Dehradun v State of Uttar Pradesh): A letter sent to the Supreme Court was treated as a writ petition under Art. 32 of the Constitution, leading to a ban on mining operations. 

The Environment (Protection) Act, 1986 

About : 

• The Act provides a comprehensive framework for environmental protection in India, granting extensive powers to the Central Government to take measures for preventing, controlling, and abating environmental pollution. 
• It defines crucial environmental terms broadly and establishes mechanisms for setting environmental standards, restricting hazardous activities, and conducting inspections to ensure compliance with environmental regulations. 
• The Act imposes strict responsibilities on industries and individuals handling pollutants or hazardous substances, requiring them to adhere to prescribed standards and procedures to minimize environmental harm. 
• Violations of the Act's provisions are subject to severe penalties, including imprisonment up to 5-7 years and substantial fines, reflecting the legislation's intent to strongly deter environmental offenses. 

Legal Provision : 

• Definitions (Section 2): The Act provides comprehensive definitions for key terms: 
  • "Environment" is broadly defined to include water, air, land, and the interrelationships among them, as well as with living organisms and property. 
  • "Environmental pollutant" refers to any substance present in concentrations that may be harmful to the environment. 
  • "Environmental pollution" is defined as the presence of any environmental pollutant in the environment. 
  • "Hazardous substance" includes any substance that may cause harm to living beings, property, or the environment due to its chemical or physico-chemical properties or handling. 
• Powers of the Central Government (Section 3): The Act grants extensive powers to the Central Government to: 
  • Take necessary measures to protect and improve environmental quality. 
  • Plan and execute nationwide programs for pollution prevention, control, and abatement. 
  • Lay down standards for environmental quality and emission/discharge of pollutants. 
  • Restricting areas for certain industrial operations or processes. 
  • Establish procedures for handling hazardous substances and preventing accidents. 
  • Inspect premises and issue directions to authorities for environmental protection. 
  • Establish environmental laboratories and collect/disseminate environmental information. 
• Prevention, Control, and Abatement of Environmental Pollution (Sections 7-9): These sections state the responsibilities: 
  • No person carrying on any industry, operation or process shall discharge pollutants exceeding prescribed standards. 
  • Handlers of hazardous substances must comply with prescribed procedural safeguards. 
  • Persons responsible for pollutant discharge due to accidents must prevent/mitigate pollution and inform prescribed authorities. 
• Powers of Entry and Inspection (Section 10): Empowered government officials have the right to: 
  • Enter and inspect any place for performing functions under the Act. 
  • Examine equipment, records, or other objects. 
  • Conduct searches and seize items related to offenses under the Act. 
• Penalties (Section 15): The Act prescribes stringent penalties for violations: 
  • Imprisonment up to 5 years or fine up to 1 lakh rupees, or both, for each contravention. 
  • Additional fine of up to 5,000 rupees per day for continuing violations. 
  • Enhanced punishment of up to 7 years imprisonment for violations continuing beyond one year after conviction 

The Water (Prevention and Control of Pollution) Act, 1974. 

• Constitution of Central Board (Section 3) 
  • The Central Government shall constitute a Central Pollution Control Board within 6 months of the Act's commencement in specified states/territories. 
• Composition of Central Board:  
  • Full-time Chairman nominated by Central Government  
  • Up to 5 officials representing Central Government  
  • Up to 5 persons from State Boards  
  • Up to 3 non-officials representing interests like agriculture, fishery, industry etc.  
  • 2 persons representing companies/corporations controlled by Central Government  
  • Full-time Member Secretary appointed by Central Government 
  • The Central Board will be a body corporate with perpetual succession and common seal. 
• Constitution of State Boards (Section 4) 
  • State Governments shall constitute State Pollution Control Boards. 
  • Composition of State Boards:  
    • Chairman nominated by State Government  
    • Up to 5 officials representing State Government  
    • Up to 5 persons from local authorities  
    • Up to 3 non-officials representing interests like agriculture, fishery, industry etc.  
    • 2 persons representing companies/corporations controlled by State Government  
    • Full-time Member Secretary appointed by State Government 
    • State Boards will be bodies corporate with perpetual succession and common seal. 
    • Central Board will perform functions of State Board for Union Territories. 
• Powers and Functions of Boards (Chapter IV) 
  • Functions of Central Board: 
    • Promote cleanliness of streams and wells 
    • Advise Central Government on water pollution prevention and control 
    • Coordinate activities of State Boards 
    • Provide technical assistance to State Boards 
    • Carry out research on water pollution 
    • Set standards for streams and wells 
  • Functions of State Boards: 
    • Plan and secure execution of programs for pollution prevention/control 
    • Advise State Government 
    • Collect and disseminate information 
    • Encourage/conduct research 
    • Inspect sewage/trade effluents and treatment plants 
    • Lay down effluent standards 
    • Evolve treatment methods 
• Prevention and Control of Water Pollution (Chapter V) 
  • Restrictions on new outlets and discharges (Section 25) 
  • Provisions for existing discharge of sewage/effluents (Section 26) 
  • Power to refuse/withdraw consent by State Board (Section 27) 
  • Appeals process (Section 28) 
  • Emergency measures by State Board (Section 32) 
  • Power to make court application to restrain pollution (Section 33) 
• Penalties and Procedure (Chapter VII) 
  • Penalties for non-compliance with directions/orders (Section 41) 
  • Penalties for acts like damaging Board property, obstructing officers, etc. (Section 42) 
  • Penalties for contravention of Sections 24, 25, 26 (Sections 43, 44) 
  • Enhanced penalties for repeat offenses (Section 45) 
  • Provisions for offenses by companies and government departments (Sections 47, 48) 
  • Rules for cognizance of offenses (Section 49)