Original Application No. 141/2014
BENCH– Hon’ble Mr. Justice Adarsh Kumar Goel, chairperson Hon’ble Mr. Justice S.P Wangdi, judicial member
Hon’ble Dr. Nagin Nanda, expert member
Before the National Green Tribunal (NGT) Principal Bench, New Delhi
Date of hearing: 04.12.2019
Date of order: 12.12.2019
Parties–
Appellant: Saloni Singh & Anr. Respondent: Union of India & Ors.
Laws and Acts involved:
- Plastic and Solid Waste Management Rules, 2016 (These rules aim to manage plastic waste generation, disposal, and recycling. The case specifically dealt with non-compliance of these rules by Indian Railways.)
- Environment Protection Act, 1986 (This act provides the framework for protecting and improving the environment.)
- Water (Prevention and Control of Pollution) Act, 1974 (This act aims to prevent and control water pollution)
- Air (Prevention and Control of Pollution) Act, 1981 (This act controls air pollution and was referenced in relation to the air quality)
- The Railways Act, 1989 (This act governs the functioning of Indian Railways and includes provisions related to safety, property, and public welfare.)
FACTS:
The case Saloni Singh vs Union of India, decided by the National Green Tribunal (NGT) on 12 December 2019, highlights grave environmental concerns associated with the functioning of the Indian Railways, especially in relation to waste management. The matter was taken up in response to public interest litigation and growing reports of poor environmental compliance by the Indian Railways, which is one of the largest public sector undertakings in the country and operates a vast network of railway stations, tracks, and trains across urban and rural India.
At the heart of the case were issues surrounding improper handling of solid and plastic waste, open defecation along railway tracks, and the discharge of untreated human waste from train coaches. These practices were found to be in direct violation of the Solid Waste Management Rules, 2016, which mandate public authorities to ensure proper segregation, collection, transportation, and scientific disposal of waste. The situation was further exacerbated by the absence of sufficient infrastructure like effluent treatment plants (ETPs), composting units, and waste recycling mechanisms at major and minor railway stations.
Reports submitted by the Central Pollution Control Board (CPCB) and the Comptroller and Auditor General of India (CAG) exposed alarming levels of non-compliance by Indian Railways with national environmental standards. The CPCB conducted inspections at 36 railway stations across the country and identified a series of deficiencies, including inadequate collection and disposal of waste, lack of sanitation, and ineffective implementation of earlier recommendations. Several stations lacked basic facilities to manage liquid and solid waste, posing severe health and environmental hazards.
The findings reflected a broader systemic issue of neglect and delay in adopting sustainable waste management practices. The CPCB report contained specific action points and recommendations for compliance, most of which had not been executed effectively by the Indian Railways. In many cases, there was no coordination with municipal authorities or pollution control boards, resulting in unchecked pollution near tracks and within station premises.
Taking cognizance of these reports, the NGT directed Indian Railways to undertake urgent remedial measures. It called for the creation of decentralized waste management facilities, installation of bio-toilets in trains, and proper treatment of effluents before discharge. The tribunal emphasized the need for collaboration between the Railways and local civic bodies to streamline waste collection and disposal mechanisms. Furthermore, the NGT ordered regular monitoring and auditing of environmental compliance, and mandated the CPCB to oversee implementation and submit progress reports.
The case stands as a significant reminder of the environmental responsibility borne by large public utilities like Indian Railways. It reinforces the need for institutional accountability and inter-agency coordination to safeguard public health and promote ecological sustainability in the transport infrastructure of the country.
ISSUES RAISED:
- Environmental Non-Compliance: The matter questions whether Indian Railways violated the Solid Waste Management Rules, 2016, by inadequately managing solid and plastic waste at railway stations. This mismanagement has led to environmental degradation and health concerns due to pollution and unhygienic conditions. The absence of proper waste disposal systems highlights a serious lapse in compliance with environmental regulations and raises concerns over the Railways’ commitment to sustainable and responsible waste handling practices.
- Inadequate Waste Management Infrastructure: The issue examines whether railway stations have adequate infrastructure for efficient waste disposal and recycling. It highlights the need for essential systems like effluent treatment plants (ETPs) and decentralized waste management units. The concern centers on whether existing facilities are sufficient to handle the volume of waste generated, and whether improvements are needed to ensure environmentally responsible and sustainable waste management across the railway network.
- Health Hazards from Poor Sanitation Practices: The concern is whether activities like open defecation and the unchecked release of untreated human waste along railway tracks pose serious health hazards to passengers and nearby communities. These unsanitary practices contribute to environmental pollution and public health risks, underscoring the urgent need for corrective measures. Addressing these issues is essential to ensure hygiene, safety, and compliance with public health and environmental standards.
- Collaboration with Local Authorities: The issue assesses whether Indian Railways is actively collaborating with local authorities to strengthen waste management practices. This includes setting up decentralized waste processing units to ensure better adherence to environmental regulations. Effective coordination is crucial for improving sanitation, reducing pollution, and promoting public health. The question also highlights the importance of joint efforts between the Railways and civic bodies to implement sustainable and compliant waste disposal systems across railway networks.
CONTENTIONS OF PARTIES:
Petitioner’s Contentions-
The petitioner raised several critical issues regarding the environmental practices of Indian Railways. The petitioner argued that Indian Railways was not complying with the Solid Waste Management Rules, 2016, which had resulted in significant environmental degradation at railway stations.
They pointed out the serious health risks associated with open defecation and the uncontrolled discharge of untreated human waste, which not only affected the cleanliness of the stations but also posed health hazards to passengers and local communities. The petitioner further highlighted the lack of adequate waste management infrastructure, noting insufficient facilities or the proper disposal and recycling of solid waste, including effluent treatment plants (ETPs).
Emphasizing the urgency of the matter, the petitioner insisted on the need for establishing decentralized waste management solutions at various railway stations to ensure compliance with environmental regulations. Additionally, it was argued that Indian Railways had failed to effectively collaborate with local authorities to tackle these pressing sanitation issues.
Respondent’s Contentions-
The respondents, including the Union of India and Indian Railways, contended that they were actively working to improve waste management practices and had made considerable progress toward adhering to environmental norms.
They argued that various initiatives had been put in place to enhance sanitation and reduce littering, with evidence indicating advancements in meeting the standards established by the Solid Waste Management Rules, 2016. The respondents claimed that they were coordinating with local bodies to enhance waste management efforts, focusing on improving sanitation at railway stations. They also highlighted ongoing infrastructure development plans aimed at creating more effective waste management systems throughout the railway network. The respondents insisted that their efforts were aligned with both environmental compliance and the public health needs of the communities surrounding the railway facilities.
Rationale
The rationale behind the Saloni Singh vs Union of India case lies in addressing the environmental and public health challenges posed by the Indian Railways’ inadequate waste management practices. Given that Indian Railways operates extensive infrastructure across the country, the tribunal recognized its significant responsibility to comply with environmental laws, including the Solid Waste Management Rules, 2016. The NGT aimed to ensure that the Railways adopt sustainable and efficient waste disposal and treatment systems to prevent pollution and degradation. This rationale was grounded in protecting public health by mitigating risks from open defecation and untreated waste discharge, which contribute to environmental hazards. The tribunal emphasized the importance of institutional accountability and urged collaboration between Railways and local bodies to uphold environmental standards. Ultimately, the case sought to reinforce the principle that large public entities must lead by example in environmental stewardship and comply strictly with statutory obligations.
Defects of Law
The case highlights certain shortcomings, not necessarily in the laws themselves, but rather in their enforcement and practical application concerning Indian Railways’ waste management. The existing environmental statutes, such as the Solid Waste Management Rules and related pollution control laws, are robust in principle but reveal enforcement gaps when applied to complex public systems like the Railways. One key defect is the insufficient clarity and mechanisms for coordination between Indian Railways and local municipal authorities responsible for waste disposal. Additionally, there is a lack of specific institutional frameworks to monitor compliance continuously within large transportation networks. These enforcement challenges undermine the effectiveness of environmental laws, resulting in ongoing pollution and health hazards. The case therefore reveals the need for stronger administrative mechanisms and better inter-agency collaboration to ensure that statutory provisions translate into tangible environmental outcomes on the ground.
Inference
From the facts and proceedings of the case, the National Green Tribunal inferred a clear failure on the part of Indian Railways to meet its statutory environmental responsibilities. Despite legal mandates, the Railways had not adequately implemented solid and liquid waste management systems, resulting in widespread pollution and health risks along railway stations and tracks. The tribunal inferred that this neglect was not accidental but indicative of systemic inefficiencies and lack of accountability within the organization. The insufficient coordination with local authorities further compounded the problem. Based on this, the NGT concluded that judicial intervention was necessary to enforce compliance, direct remedial action, and establish regular monitoring frameworks. This inference underscores the need for public entities to adopt proactive environmental practices and highlights the judiciary’s role in ensuring that government agencies fulfill their legal obligations to protect the environment and public health.
JUDGEMENT:
The Supreme Court delivered a significant judgment emphasizing the necessity of strict compliance with environmental regulations by the Indian Railways. The Court acknowledged the grave environmental concerns raised by the petitioner, particularly regarding waste management practices and the adverse health effects stemming from improper sanitation at railway stations.
The judgment directed Indian Railways to implement robust waste management systems in accordance with the Solid Waste Management Rules, 2016. The Court specifically mandated the establishment of decentralized waste management facilities at various railway stations to ensure effective waste disposal and recycling. Additionally, the Supreme Court underscored the importance of coordination between Indian Railways and local authorities to address sanitation issues effectively.
The Court also required the Central Pollution Control Board (CPCB) to monitor compliance with environmental norms and submit periodic reports to the Court. This judgment marked a critical step towards holding governmental bodies accountable for environmental stewardship and ensuring public health safety in the context of railway operations.
CONCLUSION:
The Saloni Singh vs Union of India case holds great importance as it underscores Indian Railways’ duty to comply with environmental laws and safeguard public health. The Supreme Court’s decision mandated the implementation of decentralized waste management systems aligned with the Solid Waste Management Rules, 2016. This judgment was aimed at tackling the serious sanitation problems prevalent at railway stations, which posed significant health risks to passengers and nearby residents.
The Court further instructed Indian Railways to collaborate closely with local governing bodies to ensure effective waste disposal and to curb environmental damage. Moreover, the Central Pollution Control Board (CPCB) was entrusted with the responsibility to oversee the Railways’ adherence to these mandates and to provide regular progress updates, thereby enhancing transparency and accountability.
This case represents a pivotal moment in judicial efforts to enforce environmental standards and promote public health protection within India’s public sector. Beyond addressing the immediate issues of sanitation and waste management, the ruling establishes a critical precedent, encouraging greater responsibility and systematic compliance across various public institutions. It reflects a broader commitment to sustainable environmental practices and highlights the essential role of the judiciary in driving institutional reforms. Overall, the verdict serves as a key step toward fostering a culture of environmental accountability in the management of public resources and infrastructure.
SUBMITTED BY- ANUSHKA
BATCH- 2022-27
COLLEGE- XAVIER LAW SCHOOL, XIM UNIVERSITY, BHUBANESWAR