Delivering the judgement, a bench led by Justice Vikram Nath invoked Articles 14 and 21 of the Constitution, asserting that the right to a clean environment is non-negotiable.
In a pivotal judgement, a two judge bench of the Supreme Court of India has ruled that industrial growth cannot come at the expense of public health and ecological integrity. The court quashed permissions for a proposed cement grinding unit in Punjab’s Sangrur district and struck down a recent reclassification by the Central Pollution Control Board (CPCB), emphasising that constitutional rights to life and a clean environment must prevail over unchecked industrialization.
A Farmer’s Battle Against Industrial Encroachment
The case originated from a challenge by 93-year-old farmer Harbinder Singh Sekhon and local residents, including Vasant Valley Public School, against Shree Cement North Private Limited’s plan to establish a standalone cement grinding unit on 47.82 acres of agricultural land in Sangrur, Punjab. The site, designated as a rural agricultural zone under the Sangrur Master Plan, is perilously close to farmlands, residential areas, and the school. Petitioners argued that the unit would emit harmful particulate dust, posing severe risks to air quality, children’s health, and local agriculture.
In December 2021, the Punjab government granted a change of land use (CLU) for the project, followed by a ‘no objection certificate’ from the Punjab Pollution Control Board (PPCB). However, during the legal proceedings, the CPCB revised its industrial categorisation in January 2025, downgrading standalone cement grinding units without captive power plants from the highly polluting “red” category to the moderately polluting “orange” category. This change relaxed siting norms, allowing such units nearer to inhabited areas. The ministry of environment, forest and climate change (MoEF&CC) issued supporting notifications (GSR 84(E) and 85(E)) on January 29 and 30, 2025, further easing regulatory safeguards.
Sekhon, a lifelong resident of the area, highlighted the potential for dust pollution to exacerbate respiratory issues among locals and students. Cement grinding units, while not involving clinker production, still generate fine particulate matter (PM2.5 and PM10) during raw material handling and grinding processes. Studies show these emissions can lead to chronic respiratory diseases, asthma, cardiovascular problems, and even premature death, particularly affecting vulnerable groups like children and the elderly. Noise pollution from operations also risks auditory health issues for workers and nearby communities.
The Punjab and Haryana High Court initially upheld the CLU on February 29, 2024, citing a post-facto approval by the Punjab Regional and Town Planning and Development Board. However, the Supreme Court, overturned this, ruling the approvals invalid.
No Trade-Off Between Economy and Ecology
Delivering the judgement, a bench led by Justice Vikram Nath invoked Articles 14 (right to equality) and 21 (right to life) of the Constitution, asserting that the right to a clean environment is non-negotiable. The court quashed the CLU of 13 December 2021, the subsequent consents, and the CPCB’s 2025 reclassification, deeming them arbitrary and violative of preventive environmental safeguards.
In a direct quote from the original judgement: “Economic development and industrial growth are legitimate and important objectives… However, in a constitutional framework founded on rule of law, development isn’t an abstract or absolute goal. It’s conditioned by the non-derogable obligation to protect life, health and environmental integrity. Development that undermines these foundational values ceases to be constitutionally permissible development.”
The court criticized the CPCB’s reliance on a generic pollution index, noting it failed to account for site-specific risks like proximity to schools and habitations. The judgement also rejected ex post facto approvals under the Punjab regional and town planning and development (PRTPD) act, 1995, affirming the supremacy of statutory master plans.
A Setback for Polluting Industries?
Environmentalists have hailed the decision as a victory for grassroots activism. “This judgement reaffirms that communities, especially farmers and children, cannot be sacrificed for corporate gains,” said a spokesperson from the Centre for Science and Environment. Groups like Greenpeace India praised it for upholding the precautionary principle amid rising pollution levels, noting cement plants contribute significantly to air toxins like sulfur dioxide and nitrogen oxides, linked to acid rain and respiratory ailments.
Industry bodies, however, express concern. The cement manufacturers’ association argued the reclassification was based on lower pollution potential without captive power, and its quashing could delay investments and job creation. “Balancing growth with sustainability is key, but this might deter eco-friendly upgrades,” an industry insider noted. Punjab’s economy, reliant on agriculture and emerging industries, faces scrutiny, with calls for revised master plans integrating green norms.
