VELLORE CITIZENS WELFARE FORUM A

v.

UNION OF INDIA AND ORS.

AUGUST 28, 1996

[KULDIP SINGH, FAIZAN UDDIN AND K. VENKATASWAMI, JJ.)

B

Environmental Law :

Constitution

of India, 1950 :

Altic/es 21, 47, 48-A and 51-A(g). En­

vironmental pollution-Caused by tannelies-Untreated effluent by tanneries C

in State of Tamil Nadu---Discharge of-Thereby polluted sub-soil liver water

resulting in non-availability of potable water-Spoiled physico-chemical

propelties of soil, making it unfit for cultivation-Held : even though such

indust1ies

were of vital impo1tance to count1y, they could not be pennitted to

continue their production unless pollution control devices

were set up

by,

them-Having regard to pollution caused by them, principle of Sustainable D

Development had to be accepted as a balancing concept--Precautiona1y

Principle and Polluter Pays P1inciple acceptable as part of environmental law

of country and should be implemented--Precautiona1y environmental

measures should

be taken by

State Govemment and statut01y authorities and

lack

of scientific certainty could

not be ground for postponing such measures

to prevent environmental degradati011~"0mts of proof' was on polluting E

industlies to show that their actions were environmentally benign-Such

polluting industlies liable to pay compensation for past pollution generated

by them-Pollution fine

of Rs.

JO, IJOO imposed on each tannery-Money to be

deposited in "Environment Protection Fund" to be utilised for compensating

affected persons and rest01ing damaged envilVnment. p

A1ticles 32 and 226-Public Interest Litigation-Environmental Pollu­

tion-Caused by ta111te1ies in State of Tamil Nadu-Comprehensive directions

issued

by

Supreme Cowt---However, instead of Supreme Cowt itself mo11ito1'

ing the matter any fwther, Madras High Court advised to constitute a "Green

Bench" to deal with all environmental matters in future-Such "Green G

Benches" already functioning in some High Courts.

Environment (Protection) Act, 1986: Section 3(3)-Authoiity-Central

Govemment directed to constitute Authority to be headed by a retired High

Court Judge-Authority to have all powers necessary to deal with situation

created by tanneries and polluting industries in State of Tamil H

241

242 SUPREME COURT REPORTS (1996] SUPP. 5 S.C.R.

A Nadu-Autlwrity to compute compensation payable by polluting industries to

affected individuals and that payable for restoring damaged environ­

ment-Authority also to frame scheme in consultation with expe1t bodies like

NEERJ, Central Board and State Board for reversing damage caused to

ecology and environment.

B Intemational Law :

c

D

E

F

Customa1y Intemational Law-Rules of -Held : if not

contrmy to

Municipal Law, deemed to be incorporated in domestic Law.

The petitioner filed a Public Interest Petition under Article 32 of the

Constitution against the pollution which was being caused

by enormous

discharge of untreated effiuent

by the tanneries and other industries in the

State of Tamil Nadu. The tanneries were discharging untreated ellluent

into agricultural fields, road-sides, waterways and open lands. The un-

treated effiuent was finally discharged in the river which was the main

source of water supply to the residents of the areas. The entire surface

and

sub-soil water of the river had been polluted resulting in non-availability

of potable water to the residents of

the, area. The tanneries in the State of

Tamil Nadu

had caused

environmental degradation in the area. According

to the preliminary survey made

by the Tamil Nadu Agricultural University

Research Centre nearly

35,

000 hectares of agricultural land in the Tan­

neries Belt, had become either parti:ally or totally unfit for cultivation. The

tanneries used about 170 types of chemicals in the chrome tanning proces­

ses. Nearly 35 litres of water was used for processing one kilogram of

finished leather, resulting in dangerously enormous quantities of toxic

effiuents being let out in the open

by the tanning industry. These ellluents

had spoiled the physico-chemical properties of the soil, and had

con­

taminated ground water by percolation. An independent survey conducted

by Peace Members, a non-governmental organisation, covering 13 villages

of the State revealed that 350 wells out of a total of 467 used for drinking

and irrigation purposes had been polluted. Women and children have to

G walk miles to get drinking water.

The tanneries

and other polluting industries in the

State of Tamil

Nadu were being pursuaded for the last 10 years by the State Government

and the Tamil Nadu Pollution Control Board to control the pollution

generated

by them. They were given

option either to construct common

H effiuent treatment plants for a cluster of industries or to set up individual

,.

VELLORECITIZENSWELFAREFORUMv. U.0.l. 243

pollution control devices. The Central Government agreed to give substan-A

tially subsidy for the construction of common effiuent treatment plants

(CETPs). However, till date most of the tanneries operating in the State

of Tamil Nadu had not taken any step to control the pollution caused

by

tbe discharge of

effiuent.

Disposing of the petition, this Court

HELD: 1.1. Though the leather industry is of vital importance to tbe

country as

it generates foreign exchange and provides employment avenues

it has no right to destroy the

ecology, degrade the environment and pose

B

as a health-hazard. It cannot be permitted to expand or even to continue C

with the present production unless it tackles by itself tbe problem of

pollution created

by the said industry. [256-F-G)

1.2. The traditional concept that development and ecology are

op­

posed to each other, is no longer acceptable. "Sustainable Development" is

the answer. "Sustainable Development" as a balancing concept

between D

ecology and development has been accepted as a part of the

Customary

International Law though its salient features have yet to be finalised by

the International Law Jurists. [256-H; 257-F)

2.1. "The Precautionary Principle" and "The Polluter Pays" principle

are essential features of "Sustainable Development". The "Precautionary E

Principle" -in the context of the municipal law-means :

(i) Environmental measures - by the State Government and the

statutory authorities -must anticipate, prevent and attack the causes of

environmental degradation.

(ii) Where there are threats of serious and irreversible damage, lack

of scientific certainty should not

be used as a reason for postponing

measures to prevent environmental degradation.

F

(iii) The

"Onus of proof' is on the actor or the developer/industrialist G

to show that his section is environmentally benign. [257-H; 258-A-C]

2.2. "The Polluter Pays" principle has been held to be a sound prin­

ciple by this Court. The "Polluter Pays" principle as interpreted by this

Court means that the absolute liability for harm to the environment ex­

tends not only to compensate the victims of pollution but also the cost of H

244 SUPREME COURT REPORTS [1996] SUPP. 5 S.C.R.

A restoring the environmental degradation. Remediation of the damaged

environment is :part of the process of "Sustainable development"

and as

such polluter is liable to pay the cost to the individual sufferers as

well as

the cost of reversing the damaged ecology. Apart from the constitutional

mandate to protect

and improve the environment there are plenty of post

B

c

independence

lei,rislations on the su~~ect. In view of the constitutional and

statutory provisions it must

be held that the Precautionary Principle and

Polluter Pays Principle are

part of the environmental law of the country.

[258-F-G;

259-H;

260-A]

Indian Council for Enviro-Legal Action v. Union of India, J.T. (1996)

2 196, relied on.

2.3. Even otherwise

once these principles are accepted as part of the

Customary lntemational Law there would be no difficulty in accepting

them as

part of the domestic law. The rules of Customary International

Law which are

not contrary to the municipal law shall be deemed to have

D been incorporated in the domestic law and shall be followed the Courts of

Law. [260-B]

E

F

G

Addi. Distt. Magistrate, Jabalpur v. Shivakant Shukla, AIR (1976) SC

1207; Jolly George Varghese v. Bank of Cochin, AIR (1980) SC 470 and

Gramophone Company of India Ltd. v. Birendra Bahadur Pandey, AIR

(1984) SC 667, ri:Iied on.

3.1. The Constitutional and statutory provisions protect a person's

right to fresh air, clean water

and pollution free environment, but the

source of the

right is the inalienable common law right of clean environ­

ment. Our legal system having been founded on the British Common Law

the right of a person to pollution free environment is a

part of the basic

jurisprudence of the land.

[260-C-D; 261-B]

Commentaries on the Laws of England by Sir William Blackstone Vol.

III, Chapter XIII, referred to.

3.2. The

Environment

(Prot1~ction) Act, 1986 contains useful

provisions for controlling pollution. The main purpose of the Act is to

create an authority

or authorities under Section 3(3) of the. Act with

ade­

quate power to control pollution and protect the environment. It is a pity

that till date no authority has been constituted by the Central Government.

H The work which is required to be done by an authority in terms of Section

[

VELLORE CITIZENS WELFARE FORUM v. U.O.l. 245

3(3) read with other provisions of the Act is being done by this Court and A

other Courts in the country. It is high time that the Central Government

realised its responsibility and statutory duty to protect the degrading en­

vironment in the country. If the conditions in the five districts of Tamil

Nadu, where tanneries are operating, are permitted to continue then in the

near future all rivers/canals shall

be polluted, underground waters

con­

taminated, agricultural lands turned barren and the residents of the area

exposed to serious diseases.

It is, therefore, necessary for this

Court to

direct the Central Government to take immediate action

under the

provisions of the Environment Act. [266-G-H;

267-A-B]

B

3.3. There are more than

900 tanneries operating in the five districts

of Tamil Nadu. Some of them may, by now, have installed the necessary

pollution control measures, they have been polluting the environment for

over a decade and in some cases even for a longer period. This Court has

in various orders indicated that these tanneries are liable to pay pollution

fine. The polluters compensate the affected persons

and also pay the cost

of restoring the damage ecology. [267-C-D]

c

D

3.4. The

State Pollution Control Board has the power under the

Environment Act and the Rules to lay

down standards for emissions or dischargf or environmental pollutants. Rule 3(2) of the Rules even permit

the Board to specify more stringent standards from those provided under

the Rules. The NEERI having justified the standards stipulated

by the E

Board, it is directed that these standards are to be maintained by the

tanneries

and other industries in the

State of Tamil Nadu. [269-F-G]

4.1. The Central Government shall constitute an authority under

Section 3(3) of the Act and shall confer on the said authority all the powers F

necessary to deal with the situation created by the Tanneries and other

polluting industries in the State of Tamil Nadu. The Authority shall be

headed by a retired judge of the High Court. The authority shall compute

the compensation payable

by the polluting industries to individuals af-

•

fected and that payable for restoring the damaged environment. The

authority, in consultation with expert bodies like NEERI, Central Board

G

and

State Board, shall frame a scheme for reversing the damage caused to

the ecology and environment by pollution in the State of Tamil Nadu.

[269-H; 270-A-D; 271-D-E]

.2. An industry may have set up the necessary pollution control

device

at present but it shall be liable to pay for the past pollution H

246 SUPREME COURT REPORTS (1996] SUPP. 5 S.C.R.

A generated by the said industry whkh has resulted in the environmental

degradation and suffering to the residents of the area. Accordingly, a

pollution fine of Rs. 10,000 each is imposed on all the tanneries in the five

districts of the State of Tamil Nadu. The money shall be deposited under

a separate head called "Environment Protection Fund" and shall be

B

c

D

E

F

utilised for compensating the affected persons and also for restoring the

damaged environment.

[270-H; 271-A-C]

5. Although this Court has issued comprehensive directions for

achieving the end result in the instant case,

it is not necessary for this

Court to monitor these matters any further. Accordingly, the Madras High

Court is advised to constitute a "Green

Bench" to deal with all

environ­

mental matters in future. Such "Green Benches" are already functioning in

some other High Courts. [272-D-F]

CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 914 of

1991.

Under Article 32 of the Constitution of India. ·

R. Mohan, V.A. Bobde, Kapil Sibal, M.R. Sharma, V.C. Mahajan,

and S.S. Ray, K.R.R. Pillai, M.C. Mehta, Ms. Seema Midha, V.G.

Pragasam, Vijay.Panjwani, S. Sukumaran, Sudhir Walia, A.T.M. Sampath,

M.S. Dahiya (Sudhir Walia), Roy Abraham for Sm. Baby Krishna, P.

Sukumar, Parveen Kumar, Romesh C. Pathak, M.A. Krishnamurthy, V.

Krishnamurthy, Mrs. Anil Katiyar, Ms. Indra Sawhney, Deepak Diwan,

S.M. Jadhav, A.V. Rangam, Zafarullah Khan, Shahid Rizvi, Shakil Ahmed

Syed, Jaideep Gupta and Sanjay Hedge for the appearing parties.

The Judgment of the Court

was delivered by KULDIP SINGH, J. This petition -public interest -under Article 32

of the Constitution of India has

be.en filed by Vellore Citizens Welfare

Forum and

is directed against the pollution which is being caused by

G enormous discharge of untreated effluent by the tanneries and other in-

. dustries in the State of Tamil Nadu. It is stated that the tanneries are

discharging untreated effluent into agricultural fields, road-sides, water­

ways and open lands. The untreated effluent is finally discharged in river

Palar which is the main source of water supply to the residents of the area.

H According to the petitioner the entire surface and sub-soil water of river

VELLORECITIZENS WELFAREFORUMv. V.O.I. [KULDIP SINGH,J.] 247

Palar has been polluted resulting in non-availability of potable water to the A

residents of the area. It is stated that the tanneries in the State of Tamil

Nadu have caused environmental degradation

in the area. According to the

preliminary survey made by the Tamil Nadu Agricultural

University Re­

search Centre Vellore nearly 35,000 hectares of agricultural land in the

Tanneries Belt, has become either partially or totally unfit for cultivation.

B

It has been further stated in the petition that the tanneries used about

170

types of chemicals in the chrome tanning processes. The said chemicals

include sodium chloride, lime, sodium sulphate, chlorium sulphate, fat

liquor Amonia and sulphuric acid besides dyes which are used in large

quantities. Nearly

35 litres of water is used for processing one kilogram of

finished leather, resulting in dangerously enormous quantities of toxic

C

effluents being let out in the open by the tanning industry. These effluents

have spoiled the physico-chemical properties of the soil, and have con­

taminated ground water by percolation. According to the petitioner an

independent survey conducted

by

Peace Members, a non-governmental

organisation, covering

13 villages of Dindigal and

Peddiar Chatram D

Anchayat Unions, reveals that 350 well out of total of 467 used for drinking

and irrigation purposes have been polluted. Women and children

have. to

walk miles to get drinking water. Legal Aid and Advice Board of Tamil

Nadu requested

two lawyers namely, M.R. Ramanan and

P.S. Sub­

ramanium to visit the area and submit a report indicating the extent of

pollution caused by the tanneries. Relevant part of the report is as under:

E

"As per the Technical Report dated 28.5.1983 of the Hydrological

Investigations carried out in Solur village near Ambur it was

noticed that 176 chemicals including acids were contained in the

Tannery effluents.

If

40 litres of water with chemicals are required F

for one Kilo of leather with the production of 200 tons of Leather

per day at present and likely to be increased multifold

in the next

four to

five years with the springing up of more tanneries like

mushroom in and around Ambur Town, the magnitude of the

effluent water used with chemical and acids let

out daily can be

shockingly imagined ........ The effluents are let out from the tan- G

neries in the nearby lands, then to Goodar and Palar rivers. The

lands, the rivulet and the river receive the effluents containing toxic

chemicals and acids. The sub soil water is polluted ultimately

affecting not only arable lands, wells used for agriculture but also

drinking water

wells. The entire Ambur Town and the villages H

A

B

c

D

E

F

248

SUPREME COURT REPORTS [1996] SUPP. 5 S.C.R.

situated nearby do not have good drinking water. Some of the

influential and rich people are able to get drinking water from a

far off place connected

by a few pipes. During rainy days and

floods, the chemicals deposited into the rivers and lands spread

out quickly to other lands, the effluents thus let out, affect cultiva­

tion, either crops do not come

up at all or if produced the yield

is reduced abnormally too low ............. The Tanners have come to

stay. The industry

is a Foreign Exchange Earner. But one moot

point

is whether at the cost of the lives of lakhs of people with

increasing human population the activities of the tanneries should

be encouraged on monetary considerations. We find that the

tanners have absolutely

no regard for the healthy environment in

and around their tanneries. The effluents discharged have been

stored like a pond openly

in the most of the places adjacent to

cultivable lands

with easy access for the animals and the people.

The Ambur Municipality,

which can exercise its powers as per the

provisions of the Madras District Municipalities Act

(1920) more

particularly under Sections 226 to 231, 249 to 253 and 338 to 342

seems to be a silent spectator probably it does not want to an­

tagomise the highly influential and stupendously rich tanners. The

powers

given under

Section 63 of the Water Prevention and Con­

trol of Pollution Act

1974 ( 6 of 1974) have not been exercised in

the case of tanneries in Ambur and the surrounding areas."

Alongwith the affidavit dated July

21, 1992 filed by Deputy Secretary

to Government, Environment and Forest Department of Tamil Nadu, a list

of villages affected by the tanneries has been attached. The list mentions

59 villages in the three Divisions of Thirupathur, Vellore and Ranipath.

There

is acute shortage of

drinkin1~ water in these 59 villages and as such

alternative arrangements were being made by the Government for the

supply of drinking water.

In the affidavit dated January 9, 1992 filed by Member Secretary,

G Tamil Nadu Pollution Control Board (the Board), it has been stated as

under: "It is submitted that there are 584 tanneries in North Arcot Am­

bedkar District vide annexure 'A' and 'D'. Out of which 443

H Tanneries have applied for consent of the Board. The Government

1

VELLORE CfTIZENS WELFAJrn FORUM v. U.0.1. [KULDIP SINGH,J.) 249

were concerned with the treatment and disposal of effluent from A

tanneries. The Government gave time upto 31.7.1985 to tanneries

to put up Effluent Treatment Plant (E.T.P.). So far 33 tanneries

in North Arcot Ambedkar District have put up Effluent Treatment

Plant. The Board has stipulated standards for the effluent to be

__, disposed by the tanneries."

B

The affidavits filed on behalf of State of Tamil Nadu and the Board

clearly indicate that the tanneries and other polluting industries in the State

of Tamil Nadu are being persuaded for the last about 10 years to control

the pollution generated by them. They were given option either to construct

common effluent treatment plants for a cluster of industries or to set up

c

individual pollution control devices. The Central Government agreed to

give substantial subsidy for the construction of common effluent treatment

plants

(CETPs). It is a pity that till date most of the tanneries operating in

the State of Tamil Nadu have not taken any step to control the pollution

caused by the discharge of effluent. This Court on May

1, 1995 passed a

D

detailed order. In the said order this Court noticed various earlier orders

passed by this Court and finally directed as under :

"Mr. R. Mohan, learned senior counsel for the Tamil Nadu

Pollu-

tion Control Board has placed before us a consolidated statement

E

dividing the 553 industries into three parts. The first part in

Statement No.

1 and the second part in Statement No. 2 relate to

those tanneries who have set up the Effluent Treatment

Plants

either individually or collectively to the satisfaction of the Tamil

Nadu Pollution Control Board. According to the report placed on

the record by the Board, these industries in Statements

1 and 2 F

have not achieved the standard or have not started functioning to

the satisfaction of the Board.

So far as the industries in Statements

1 and 2 are concerned, we give them three months notice from

today to complete the setting up of Effluent Treatment Plant

(either individually or collectively) failing which they shall be liable

G

to pollution fine on the basis of their past working and also liable

to be closed. We direct the Tamil Nadu Pollution Control Board

,.

to issue individual notices to all these industries within two weeks

from today. The Board is also directed to issue a general notice

on three consecutive days in a local newspaper which has circula-

tion in the District concerned.

H

A

B

c

D

E

F

250 SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

. So fai as the 57 tanneries listed in Statement III (including 12

industries

who have filed writ petition, Nos. of which have been

given above) are concerned, these units have not installed and

commissioned the Effluent Treatment

Plants despite various or­

ders issued

by this Court from time to time. Mr. R. Mohan, learned

senior counsel appearing for Tamil Nadu Pollution Control Board

states that the Board has issued separate notices to these units

directing them to set up the Effluent Treatment

Plants. Keeping

in

view the fact that this Court has been monitoring the matter for

the last about four

years and various orders have been issued by

this Court from time to time, there is no justification to grant any

further time to these industries. We, therefore, direct the

57

industries listed hereunder to be closed with immediate effect.

.......... We direct the District Collector and the

Senior Superinten­

dent of Police of the District to have our orders complied with

immediately. Both these Officers shall

file a report in this Court

within one week of the receipt of the order.

We

give opportunity to these 57 industries to approach this

Court

as and when any steps towards the setting up of Effluent

Treatment

Plants and their commissioning have been taken by

these industries.

If any of the industries wish to be re-located to

some other area, they may come out with a proposal in that

respect."

On iuly 28, 1995 this Court suspended the closure order in respect

of seven industries mentioned therein for a period of eight weeks.

It was

further observed

as under :

"Mr. G. Ramaswamy, learned senior advocate appearing for some

of the tanneries in Madias states that the setting up of the effluent

treatment plants

is progressing satisfactorily. According to him

several lacs have already been spent and in a short time it would

G start operating. Mr. Mohan, learned counsel for the Tamil Nadu

Pollution Control Board, states that the team of the Board

will

inspect the project

arid file a report by 3rd August, 1995".

This Court on September 8, 1995 passed the following order :

H · "The Tamil Nadu Pollution Control Board has filed its report. List

VELLORECIT1ZENS WELFAREFORUMv. U.O.I. [KULDIP SINGH,J.) 251

No. 1 relates to about 299 industries. It is stated by Mr. G. A

Ramaswamy, Mr. Kapil Sibal and Mr. G.L. Sanghi, learned senior

advocates appearing for these industries, that the setting up of the

projects

is in progress. According to the learned counsel Tamil

Nadu Leather Development Corporation

(TALCO) is in charge

of the project. The learned counsel state that the project shall be

B

completed in every respect within 3 months from today. The details

of these industries and the projects undertaken by

TALCO as per

list

No. I is as under .................... We are of the view that it would

be

in

the interest of justice to give a little more time to these

industries to complete the project. Although the industries have

asked time for three months,

we give them time till 31st December, C

1995. We make it clear that in case the projects are not completed

by that time, the industries shall

be liable to be closed forthwith.

Apart from that, these industries shall also be liable to pollution

fine for the past period during which they had been operating.

D

We also take this opportunity to direct

TALCO to take full

interest in these projects and have the projects completed within

the time granted by us.

Mr. Kapil Sibal, learned counsel appearing for the tanneries,

stated that Council for Indian Finished Leather manufactures

E

Export Association is a body which is collecting 5% on all exports.

This body also helps the tanneries

in various respect. We issue

notice to the Association to be present in this Court and assist this

Court in all the matters pertaining to the leather tanneries in

Madras. Mr. Sampath takes notice.

p

So far as List No. II is concerned, it relates to about 163

.

tanneries (except M/s. Vibgyor Tanners & Co., Kailasagiri Road,

Mittalam

635 811, Ambur (via). The Pollution Control Board has

inspected all these tanneries and placed its report before us.

According to the report most of these tanneries have not even

G

started

P!imary work at the spot. Some of them have not even

located the land. The tanneries should have themselves set up the

pollution control devices right at the time when they started work-

ing. They have not done so. They are not even listening to various

orders passed by this Court from time to time during the last more

H

A

B

252 SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

than 2 years. It is on the record that these tanneries are polluting

the area. Even the water around the area where they are operating

is not worth drinking. We give no further time to these tanneries.

We direct all th1! following tanneries which are numbering about

162 to be closed with immediate effect.

It may be mentioned that this Court suspended the closure orders in

respect of various industries from time to time to enable the said industries

to install the pollution control devices.

This Court by the order dated October 20, 1995 directed the National

C Environmental Engineering Research Institute, Nagpur (NEERI) to send

a team of experts to examine, in particular, the feasibility

of setting up of CETPs for cluster of tanneries situated at different places in the State of

Tamil Nadu where the work of setting up of the CETPs has not started

and also to inspect the existing CETPs including those where construction

D work was in progress. NEERI submitted its first report on December 9,

1995 and the second report on February 12, 1996. This Court examined the

two reports and passed the following order on April 9, 1996 :

E

F

G

H

"Pursuant to this Court's order dated December 15, 1995,

NEERI has submitted Final Examination Report dated February

12, 1996, regardiii1g CETPs constructed/under construction by the

Tanneries in various districts of the State of Tamil Nadu. A four

member team constituted by the Director, NEERI inspected the

CETPs from January

27 to February 12, 1996. According to the

report, at present

30 CETPs sites have been identified for tannery

clusters in the five districts of Tamil Nadu viz., North Arcot

Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai

M.G.R. All the

30 CETPs were inspected by the Team. According

to the report, only 7

CETPs are under operation, while 10 are

under construction and

13 are proposed. The following 7 ETPs

are under operation :

1. M/s.

TALCO Ranipet Tannery Effluent Treatment Co. Ltd.

Ranipet,

Dist

North_ Arcot Anlbedkar.

2. M/s. TALCO Anlbur Tannery Effluent Treatment Co. Ltd.,

Thuthipet Sector, Ambur Dist. North Arcot Ambedkar.

.,

VELLORECrTIZENSWELFAREFORUMv. U.O.I.[KULDIPSINGH,J.] 253

3. M/s. TALCO Vaniyambadi Tanners Enviro Control Systems A

Ltd., Vaniyambattu, Vaniyambadi, Dt. North Arcot.

4. M/s. Pallavaram Tanners Industrial Effluent Treatment Co.,

Chrompet Area, Dist. Chengai MGR.

5. M/s. Ranipet

SIDCO Finished Leather Effluent Treatment Co.

Pvt. Ltd., Ranipet, Dist. North Arcot Ambedkar.

6. M/s. TALCO Vaniyambadi Tanners Enviro Control Systems

Ltd., Udayandiram, Vaniyambadi, Dist. North Arcot Ambedkar.

7. M/s.

TALCO Pernambut Tannery Effluent Treatment Co. Ltd.,

Bakkalapalli, Pernambut, Dist. North Arcot Ambedkar.

The CETPs mentioned at SL Nos. 5, 6 & 7 were commissioned

B

c

in January, 1996 and were on the date of report passing through

stabilization period. The report Indicates that

so far as the above D CETPs are concerned, although there is improvement in the per­

formance, they are still not operating at their optimal level and are

not meeting the standards

as laid down by the Ministry of Environ­

ment and Forests and the Tamil Nadu Pollution Control Board for

inland surface water discharge. The NEERI has given various

recommendations to be followed

by the above mentioned units.

We direct the units to comply with the recommendations

of

NEERI within two months from today. The Tamil Nadu Pollution

Control Board

Shall monitor the directions and have the recom­

mendations of the NEERI Complied

with.

So far as the three units

which are under stabilization, the NEERI Team

may inspect the

same and place a final report before this Court within the period

of

two months.

E

F

Apart from the tanneries which are connected with the above

mentioned 7 units, there are large number of other tanneries

operating in the

5 districts mentioned

abo~e which have not set up G

any satisfactory pollution control devices. Mr. Mohan, learned

counsel for the Tamil Nadu Pollution Control Board states that

notices were issued to all those tanneries from time to time direct-

ing them to set up the necessary pollution control devices.

It is

mandatory for the tanneries to set

up the pollution control devices. H

254

A

B

c

D

E

F

G

H

SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.

Despite notices it has not been done. This Court has been monitor­

ing these matters for the last about 4 year. There

is no awakening

or realisation

to control the pollution which is being generated by

these tanneries.

The NEER! has indicated the physico-chemical characteristics

of ground water from dug

wells near tannery clusters. According

to the report, water samples show that well-waters around the

tanneries are unfit for drinking. The report also shows that the

quality of water

in

Palar river down stream from the place where

effluent

is discharged, is highly polluted. We, therefore, direct that

all the tanneries in the districts of North Arcot Ambedkar, Erode Periyar, Dindigu1 Anna, Trichi and Chengai M.G.R. which are not

connected with the seven CETPs mentioned above, shall be closed

with immediate effect. None of these tanneries shall be permitted

to operate

till the time the

CETPs are constructed to the satisfac-.

tion of the Tamil Nadu Pollution control Board. We direct the

District Magistrate and the Superintendent of Police of the area

concerned, to have

all these tanneries closed with immediate effect.

Mr. Mehta has placed on record the report of Tamil Nadu

Pollu­

tion Control Board. In Statement I of the Index, there is a list of

30 industries which have also not been connected with any CETPs.

According to the report, these industries have not, till date set up

pollution control devices. We direct the closure of these industries

also. List

is as under .......... The Tamil Nadu

Pollution Control

Board has filed another report dated January

18, 1996 pertaining

to 51 Tanneries. There is dispute regarding the permissible limit

of the quantity of total dissolved solids, (TDS).

Since the NEER!

team

is visiting these tanneries, they may examine the

TDS aspect

also and advise this Court accordingly. Meanwhile,

we do not

propose to close

any of the tannery on the ground that it is

discharging more than

2001 TDS.

The report indicates that except the 17 units, all other units are

non-complaint units in the sense that they are not complying with

the BOD standards. Excepting these 17 industries, the remaining

34

tanneries listed hereunder are directed to be closed

forthwith ....... We direct the District Magistrate and the Superin-

tendent of the police of the area concerned to have also these

VELLORECITIZENS WELFARE FORUMv. U.O.L [KULDIP SINGH,J.) 255

industries mentioned above close forthwith. The tanneries in the A

5 districts of Tamil Nadu referred to in this order have been

operating for a long time. Some of the tanneries are operating for

a period of more than

two decades. All this period, these tanneries

have been polluting the area. Needles

to say that the total

environ­

ment in the.area has been polluted. We issue show cause notice

to these industries through their learned counsel who are present

in Court,

why they be not subjected to heavy pollution fine. We

direct the State. of Tamil N adu through the Industry Ministry, the

Tamil Nadu

Pollution Control Board and all other authorities

concerned and also the Government of India through the Ministry

of Environment and Forests, not

to permit the setting up of further

tanneries in the State of Tamil Nadu.

B

c

Copy of this order be communicated to the concerned

authorities within three days. To come up for further consideration

after the replies to the show cause. There are large number of

D

tanneries in the State of Tamil Nadu which have set up individual

pollution control devices and which according to the Tamil Nadu

Pollution Control Board, are operating satisfactorily. The fact,

however, remains that

all these tanneries are discharging the

treated effluents within the factory precinct itself.

We direct

NEER! Team which

is visiting this area to find out as to whether E

the discharge of the effluent on the land within the factory premises

is permissible environmentally. M/s. Nandeem Tanning Compa11y,

Valayampet Vaniyambadi is one of such industries. Copy of the

report submitted by the Tamil Nadu

Pollution Control Board be

forwarded to the NEERL NEERI

may inspect this industry within F

ten days and file a report in this Court. Copy of this order be

communicated to NEERL

Matters regarding

Distillelies i11 the State of Tamil Nadu.

The Tamil Nadu Pollution Control Board has placed on record G

the factual report regarding 6 Distilleries mentioned in page 4 of

the Index of its Report dated April

5, 1996. Learned counsel for

. the Board states that the Board shall issue necessary notices to

these industries to set up pollution .control devices to the satisfac-

tion of the Board, failing which these distilleries shall

be closed. H

A

B

256 SUPREME COURT REPORTS. [1996) SUPP. 5 S.C.R.

The Pollution Control Board shall place a status report before this

Court."

The NEERI submitted

two further reports on May 1, 1996 and June 11,

1996 in respect of

CETPs set up by various industries. The NEERI reports

indicate that the physico-chemical characteristics of ground water from dug

wells

in Ranipath, Thuthipath, Valayambattu, Vaniyambadi and various

other places do not conform to the limits prescribed for drinking purposes.

This Court has been monitoring this petition for almost

five years.

The

~ERi, Board and the Central Pollution Control 'Board (Central

C Board) have visited the tanning and other industries in the State of Tamil

Nadu for several times. These expert bodies have offered

all possible

assistance

to these industries. The NEERI reports indicate that even the

seven operational

CETPs are not functioning to its satisfaction. NEERI has

made several recommendations

to be followed by the operational CETPs.

D

Out of the 30 CETP-sites which have been identified for tannery clusters

in the five districts of North Arcot Ambedkar, Erode Periyar, Dindigul

Anna, Thrichi and Chengai MGR. 7 are under operation 10 are under

construction and

13 are proposed. There are large number of tanneries

which are not likely to be connected with with

any

CETP and are required

to set up pollution control devices on their

own. Despite repeated exten-

E sion granted by this Court during the last five yeas and prior to that by the

Board the tanneries

!n the State of Tamil Nadu have miserably failed to

control the pollution generated by them.

It is no doubt correct that the leather industry in India has become

F a major foreign exchange earner and at present Tamil Nadu is the leading

exporter of finished leather accounting for approximately

80% of the

country's export. Though the leather industry is of vital importance to th.e

country as :it generates foreign exchange and provides employment avenues

it has no right to destroy the ecology, degrade the environment and pose

as a health hazard.

It cannot be permitted to expand or even to continue

G with the present production unless it tackles by itself the problem of

pollution

created by the said industry.

The traditional concept that development and ecology are opposed

to each other,

is no longer acceptable. "Sustainable Development" is the

H answer. In the International sphere "Sustainable Development" as a con-

VELLORE CfflZENS WELFARE FORUM v. U.O.L [KULDIP SINGH, J.) 257

cept came to be known for the first time in the Stockholm Declaration of A

1972. Thereafter, in 1987 the concept was given a definite shape by the

World Commission on Environment and Development in its report called

"Our Common Future''. The Commission was chaired by the then Prime

Minister of Norway

Ms. G.N. Brundtland and as such the report is popular-

ly known as

"Brundtland Report". In 1991 the World Conservation Union, B

United Nations Environment Programme and World Wide Fund for Na-.

ture, jointly came out with a document called "Caring for the Earth" which

is a strategy for sustainable living. Finally, came the Earth Summit held in

June,

1992 at Rio which saw the largest gathering of world leaders ever in

the history -deliberating and chalking out a blue pring for the survival of

C

the planet. Among the

tangible achievements of the Rio Conference was

the signing of

two conventions, one on biological diversity and another

on

climate change. These conventions were signed by 153 nations. The

delegates also approved by consensus three non binding documents name-

ly, a Statement on Forestry Principles, a declaration of principles on

environmental policy and development initiatives and Agenda

21, a D

programme of action into the next century in areas like poverty, population

and pollution. During the

two decades from Stockholm to Rio

"Sustainable

Development" has come to be accepted as a viable concept to eradicate

poverty and improve the quality of human life while living within the

carrying capacity of the supporting eco-systems. "Sustainable Development" E

as defined by the Brundtland Report means "development that meets the

needs of the present without compromising the ability of the future genera­

tions to meet their won needs". We have no hesitation in holding that

"Sustainable Development' as a balancing concept between ecology and

development has been a~cepted as a part of the Customary International p

Law though its salient features have yet to be finalised by the International

Lawjurists.

Some of the salient principles of "Sustainable Development", as

culled-out from Brundtland Report and other international documents, are

Inter-Generational Equity, Use and Conservation of Natural Resources, G

Environmental Protection, the Precautionary Principle, Polluter Pays prin­

ciple, Obligation to assist and cooperate, Eradication of Poverty and

Financial Assistance to the developing countries. We are, however, of the

view that "The Precautionary

Principle" and "The Polluter Pays" principle

are essential features of "Sustainable Development". The "Precautionary H

258 SUPREME COURT REPORTS (1996] SUPP. 5 S.C.R.

A Principle" -in the context of the municipal law -means :

B

c

(i) Environmental measures - by the State Government and the

statutory authorities • must anticipate, prevent and attack the

causes of environmental degradation.

(ii) Where there are threats of serious and irreversible damage,

lack of scientific certainty should not be used as a reason for

postponing measures to prevent environmental degradation.

(iii) The "Onus of proof' is on the actor or the developer/in­

duf,trialist to show that his action is environmentally benign.

"The Polluter Pays" principle has been held to be a sound principle

by this Court in Indian Council for Enviro -Legal Action v. Union of India,

J.T. (1996) 2 196. The Court observed, "We are of the opinion that any

principle evolved in this behalf should be simple, practical and suited to

0 the conditions obtaining in this country". The Court ruled that "Once the

activity carried on

is hazardous or inherently dangerous, the person

carry­

ing on such activity is liable to make good the loss caused to any other

person

by his activity irrespective of the fact whether he took reasonable

care while carrying on

his activity. The rule is premised upon the very

E nature of the

acfr<ity carried on". Consequently the polluting industries are

"absolutely liable to compensate for the harm caused by them to villagers

in the affected area, to the soil and to the underground water and hence,

they are bound to take all necessary measures to remove sludge and other

pollutants

lying in the

.. affected areas". The "Polluter Pays" principle as

interpreted by this Court means that the absolute liability for harm to the

F environment extends not only to compensate the victims of pollution but

also the cost of restoring the environmental degradation. Remediation of

the damaged environment

is

part of the process of "Sustainable Develop­

ment" and as such polluter is liable to pay the cost to the individual

sufferers

as well as the cost of reversing the damaged ecology.

G

H

The precautionary principle and the polluter pays principle have

been accepted as part of the

law of the land. Article 21 of the Constitution

of India guarantees protection of life and personal liberty. Article

47, 48A

and 51A(g) of the Constitutional are as under :

"47. Duty of the

State to raise the level of nutrition and the

VELLORE CITIZENS WELFARE FORUM v. U.O.L [KULDIP SINGH,J.) 259

standard of living and to improve public health. -The State shall A

regard the raising of the level of nutrition and the standard of living

of its people and the improvement of public health

as among its

primary duties and in particular, the

State shall endeavour to bring

about prohibition of the consumption except from medicinal pur­

poses of intoxicating drinks and of drugs which are injurious to

health.

48A Protection and improvement of environment and safeguard­

ing of forests and wild life. -The

State shall endeavour to protect

and improve the environment and to safeguard the forests and wild

B

life of the country. C

51A(g). To protect and improve the natural environment including

forests, lakes. rivers and wild life, and to have compassion for

living

creatures."

Apart from the constitutional mandate to protect and improve the environ- D

ment there are plenty of post independence legislations on the subject but

more relevant enactments for our purpose are : The Water (Prevention

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

and Control of Pollution) Act,

1981 (the Air Act) and the Environment

Protection Act

1986 (the Environment Act). The Water Act provides for E

the constitution of the Central Pollution Control Board by the Central

Government and the constitution of the

State Pollution Control Boards by

various State Governments in the country. The Boards function under the

control of the Governments concerned. The Water Act prohibits the use

of streams and wells for disposal of polluting matters. Also provides for

restrictions on outlets and discharge of effluents without obtaining consent

F

from the Board. Prosecution and penalties have been provided which

include sentence of imprisonment. The Air Act provides that the Central

Poll.ution Control Board and the

State Pollution Control Boards con­

stituted under the Water Act shall also perform the powers and functions

under the Air Act. The main function of the Boards, under the Air Act,

is G

to improve the quality of the air and to prevent, control and abate air

pollution in the country. We shall deal with the Environment Act in the

later part of this judgment.

In view

of the above mentioned constitutional and statutory

provisions

we have no hesitation in holding that the precautionary principle H

260 SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

A and the pollut1~r pays principle are part of the environmental law of the

country.

B

c

Even otherwise once these principles are accepted as part of the

Customary International Law there would be no difficulty in accepting

them as part of the domestic

law. It is almost accepted proposition of law

that the rule of Customary International Law which are not contrary to the

municipal

law shall be deemed to have been incorporated in the domestic

law and shall be followed

by the Courts of Law. To support we may refer

to Justice H.R. Khanna's opinion in

Addi. Distt. Magistrate Jabalpur v.

Shivakant Shukla, AIR (1976) SC 1207, Jolly George Varghese's case AIR

(1980) SC 470 and Gramophone Company's case AIR (1984) SC 667.

The Constitutional and statutory provisions protect a persons right

to fresh air, clean water and pollution free environment, but the source

of the right

is the inalienable common law right of clean environment.

D It would be useful to quote a paragraph from Blackstone's

commen­

taries on the Laws of England (Commentaries on the Laws of England

of Sir William Blackstone) Vol. III, fourth edition published in 1876.

Chapter XIII, "Of Nuisance" depicts the law on the subject in the

following words :

E

F

G

H

"Also , if a person keeps his hogs, or other noisome animals, 'or

allows filth

to accumulate on his premises, so near the house of

another, that the stench incommodes him and makes the air

unwholesome, this

is an injurious nuisance, as it tends to deprive

him of the use and benefit of this house. A like injury is, if one's

neighbour sets up and exercises

any offensive trade; as a tanner's,

a tallow-chandler's or the like; for though these are lawful and

necessary trades,

yet they should be exercised in remote places;

for the rule

is, sic utere

"tuo, ut alienum non laedas;" this therefore

is an actionable nuisance. 'And on a similar principle a constant

ringing of bells

in one's inimediate neighbourhood may be a

nuisance ................ With regard to other corporeal heriditaments ;

it

is a nuisance to stop or divert water that used to run to another's

meadow

or mill; to corrupt or poison a water-course, by erecting

a dye-house or a lime-pit, for the use of trade, in the upper part

of the stream; 'to pollute a pond, from which another

is entitled

to water his cattle; to obstruct a drain; or

in short to do any act in

VELLORECITIZENS WELFARE FORUM v. U.O.L [KULDIP SINGH,J.) 261

common property, that in its consequences must necessarily tend A

to the prejudice of one's neighbour. So closely does the law of

England enforce that excellent rule of gospel-morality, of "doing

to others, as we would they should do upto ourselves."

Our legal system having been founded on the British Common Law

the right of a person to pollution free environment

is a part of the basic

jurisprudence of the land.

The Statement of Objects and Reasons to the Environment Act, inter

alia, states

as under :

"The decline in environmental quality has been evidenced by in­

creasing pollution, loss of vegetal cover and biological diversity,

excessive concentrations of harmful chemicals

in the ambient at-

B

c

mosphere and in food chains, growing risks of environmental

accidents and threats to

life support systems. The world D

community's resolve to protect and enhance the environmental

quality found expression in the decisions taken at the United

Nations Conference on the Human Environment held in Stock­

holm in June, 1972. Government of India participated in the

Conference and strongly voiced the environmental concerns. While

several measures have been taken for environmental protection

both before and after the Conference, the need for a general

legislation further to implement the decisions of the Conference

E

has become increasingly evident.. .................... Existing laws general-

ly focus on specific types of pollution or on specific categories of

hazardous substances. Some major areas of environmental hazard­F

ous are not covered. There also exist uncovered gaps in areas of

major environmental hazards. There are inadequate linkages in

handing matters of industrial and environmental safety. Control

mechanisms to guard against

slow, insidious build up of hazardous

substances, especially new chemicals, in the environment are weak.

Because of a multiplicity of regulatory agencies, there

is need for G

_an authority which can assume the lead role for studying, planning

and implementing long-term requirement of environmental safety

and to

give direction to, and co-ordinate a system of speedy and

adequate response to emergency situations threatening the en-

vironment... .................. In view of what has been stated above, there

H

A

B

c

D

E

F

262

SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

is urgent need for the enactment of a general legislation on en­

vironmental protection which

inter alia, should enable co-ordina­

tion of activities of the various regulatory agencies, creation of an

authority or authorities with adequate powers for environmental

protection, regulation of discharge of environmental pollutants and

handling of hazardous

substances, speedy response in the event of

accidents threatening environment and <leterent punishment to

those who endanger human environment, safety and health".

Sections

3, 4 5, 7 and 8 of the Environment Act which are relevant are as

under:

"3. Power of Central Government to take measures to protect and

improve environment. -(1) Subject to the provisions of this Act,

the Central Government shall have the power to take all such

measures

as it deems necessary or expedient for the purpose of

protecting and improving the quantity of the environment and

preventing controlling and abating environmental pollution.

(2)

In particular, and without prejudice to the generality of the

provisions of section (1), such measures may include measures with

respect to all or any of the

following matters, namely:

(i) co-ordination of actions by the State Governments, officers and

other authorities -

(a) under this Act, or the rules made thereunder, or

(b) under any other law for the time being in force which is

relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for the

prevention, control and abatement of environmental pollution;

G (iii) laying down standards for the quality of environment in its

various aspects;

H

(iv) laying down standards for emission or discharge of environ­

mental pollutants from various sources whatsoever :

Provided that different standards for emission or discharge may

VELLORE CITIZENS WELFARE FORUM v. U.0.1. [KULDIP SINGH,J.) 263

be laid down under this clause from different sources having regard A

to the quality or composition of the emission or discharge of

environmental pollutants from such sources;

(

v) restriction of areas in which any industries, operations or

processes or class of industries, operations or processes shall not

be carried out or shall be carried out subject to certain safeguards;

(vi) laying down procedures and safeguards for the prevention of

accidents which may cause environmental pollution and remedial

measures for such accidents;

(vii) laying down procedures and safeguards for the handling of

hazardous substances;

(viii) examination of such manufacturing processes, materials and

substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relat­

ing to problems of environmental pollution;

(x) inspection of any premises, plant, equipment, machinery,

manufacturing or other processes, materials or substances and

giving, by order, of such directions to such authorities, officers or

persons as it may consider necessary to take steps for the preven­

tion, control and abatement of environmental pollution;

B

c

D

E

(xi) establishment or recognition of environmental laboratories and

institutes to carry out the functions entrusted to such environmen-

F

tal laboratories and institutes under this Act;

(xii) collection and dissemination of information in respect

of

matters relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to

the G

prevention, control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems neces­

sary or expedient for the purpose of securing the effective

im-

plementation of the provisions of this Act. H

A

B

c

D

E

F

G

H

264

SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.

(3) The Central Government may, if it considers it necessary or

expedient

so to do for the purposes of this Act, by order, published

in the Official Gazette, constitute an authority or authorities by

such name or names as may be specified in the order for the

pmpose of ·exercising and performing such of the powers and

functions (including the power to issue directions under section

5)

of the Central Government under this Act and for taking measures

with respect such of foe matters referred to in sub-section (2) as

may be mentioned in the order and subject to the supervision and

control of the Central Government and the provisions of such

order, such authority or authorities

may exercise the powers or

perform the functions or take the measures

so mentioned in the

order

as if such authority or authorities had been empowered by

this Act to exercise those powers or perform those functions or

take such measures.

4. Appointment of officers and their powers and functions (1)

Without prejudice to the provisions of sub-section (3) of section

3, the Central Government may appoint officers with such

desig­

nations as it thinks fit for the purposes of this Act and may entrust

to them such of the powers and functions under this Act as it

may

deem fit. (2) The officers appointed under sub-section (1) shall be

subject to the general control and direction of the Central

Govern­

ment or, if so directed by that Government, also of the authority

or authorities, if

any, constituted under sub-section (3) of section

3 or of any other authority or

officer".

5. Power to give directions. -Notwithstanding anything contained

in

any other law but subject to the provisions of this Act, the

Central Government

may, in the exercise of its power and

perfor­

mance of its functions under this Act, issue directions in writing

to

any person, officer or any authority and such person, officer or

authority shall be bound to comply with such directions.

Explanation. -for the avoidance of doubts, it

is hereby declared

that the power

to issue directions under this section includes the

power to direct -

VELLORECITIZENS WELFAREFORUMv. U.O.l. [KULDIPSINGH,J.] 265

(a) the closure, prohibition or regulation of any industry, operation A

or process; or

(b) stoppage or regulation of the supply of electricity or water or

any other service.

7.

Persons carrying on industry, operation etc., not to allow emis- B

sion or discharge of environmental pollutants in excess of the

standards. -

No person carrying on any industry, operation or

process shall discharge or emit or permit

to be discharged or

emitted

any environmental pollutant in excess of such standards

·~~~~~ c

8. Persons handling hazardous substances to comply with proce­

dural safeguards. -

No person shall handle or cause to be handled

any hazardous substance except in accordance with such proce­

dure and after complying with such safeguards as may

be

prescribed".

Rule 3(1), 3(2), and 5(1) of the Environment (Protection) Rules 1986

(the Rules) are as under :

D

"3. Standards for emission or discharge of environmental pol­

lutants. -

(1) For the purposes of protecting and improving the E

quality of the environment and preventing and abating environ­

mental pollution the standards for emission or discharge of en­

vironmental pollutants from the industries, operations or processes

shall be

as specified in (Schedule I to IV).

3.(2) Notwithstanding anything contained in sub-rule (1), the F

Central Board or a State Board may specify more stringent stand­

ards from those provided in (Schedule I to IV) in respect of any

specific industry, operation or process depending upon the quality

of the recipient system and after recording reasons, therefore, in

~~ G

5. Prohibition and restriction on the location of industries and the

carrying on processes and operations in different areas -(1) The

Central Government

may take into consideration the following

factors while prohibiting or restricting the location of industries

and carrying on of processes and operations in different areas : H

A

B

c

D

E

F

G

266

SUPREME COURT REPORTS [ 1996] SUPP. 5 S.C.R.

(i) Standards for quality of environment in its various aspect laid

down

for an area.

(ii) The maximum allowable limits of conc1.0ntration of various

environment pollutants (including noise) for an area.

(iii) The likely

emissiion or discharge of environmental pollutants

from an industry, process or operation proposed to be prohibited

or restricted.

(iv) The topographic and climatic features of an area.

(

v) The biological diversity of the area which, in the opinion of the

Central Government,, needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely

t'l be caused by an

industry, process

or operation proposed to be prohibited or

restricted.

(viii) Proximity to a protected area under the Ancient Monuments

and Archaeological

Sites and Remains Act, 1958 or a sanctuary,

National Park, game reserve or closed area notified, as such under

the Wild Life (Protection) Act,

1972, or places protected under

any treaty, agreement or convention with any other country

or

countries or in pursuance of any decision made in any international

conference, association

or other body.

(ix) Proximity to human settlements.

(x) Any other factors as may be considered by the Central Govern­

ment to be relevant to the protection of the environment in an

area".

It is thus obvious that the Environment Act contains useful provisions

for controlling pollution. The main purpose of the Act is to create an

authority or authorities under Section 3(3) of the Act with adequate powers

to control pollution and protect the environment.

It is a pity that till date

no

authority has been constituted by the Central Government. The work

H which is required to be done by an authority in terms of Section 3(3) read

VELLORE CffiZENS WELFARE FORUM v. U.0.1. [KULDIP SINGH,J.] 267

with other provisions of the Act is being done by this Court and the other A

Courts in the country. It is high time that the Central Government realises

its responsibility and statutory duty

to protect the degrading environment

in the country. If the conditions in the five districts of Tamil Nadu, where

tanneries are operating, are permitted

to continue then in the near future

all rivers/canals shall be polluted, underground waters contaminated,

agricultural lands turned barren and the residents of the area exposed to

serious diseases.

It is, therefore, necessary for this Court to direct the

Central Government to take immediate action under the provisions of the

Environment Act.

B

There are more than

900 tanneries operating in the five districts of C

Tamil Nadu. Some of them may, by now, have installed the necessary

pollution control measures, they have been polluting the environment for

over a decade and in some cases even for a longer period. This Court has

in various orders indicated that these tanneries are liable to pay pollution

fine. The polluters must compensate the affected persons and also pay the

D

cost of restoring the damaged ecology.

Mr. M.C. Mehta, learned counsel for the petitioner has invited our

attention

to the Notification

GOMs No. 213 dated March 30, 1989 which

reads

as under :

"Order:

E

In the Government Order first read above, the Government have

ordered, among other things, that no industry causing serious water

pollution should be permitted within one kilometre from the em-

F

bankments of rivers, streams, dams etc. and that the Tamil Nadu

Pollution Control Board should furnish a list of such industries to

all local bodies.

It has been suggested that it is necessary to have

a sharper definition for water sources so that ephemeral water

collections like rain water ponds, drains, sewerages

(bio·· G

degradable) etc. may be excluded from the purview of the above

order. The Chairman, Tamil Nadu Pollution Control Board ha~

stated that the scope of the Government Order may be restricted

to reservoirs, rivers and public drinking water sources.

He has also

slated that there should be a complete ban on location of highly

polluting industries within 1 Kilometre of certain water sources.

H

A

B

c

268 SUPREME COURT REPORTS [1996]SUPP. 5 S.C.R.

2. The Government have carefully examined the above suggestions.

The Government impose a total ban on the setting up of the highly

polluting industries mentioned

in Annexure - I to this order within

one Kilometre from the embankments of the water sources men­

tioned

in Annexure-II to this order.

3. The Government also direct that under any circumstance if any

highly polluting industry

is proposed to be set up within one

kilometre from the embankments of water sources other than those

mentioned in Annexure-II to this order, the Tamil Nadu

Pollution

Control Board should examine the case and obtain the approval

of the Government

for

it".

Annexure-l to the notification includes Distilleries, tanneries, fertilizer,

steel plants and foundries

as the highly polluting industries. We have our

doubts whether the above quoted government order

is being enforced by

the Tamil Nadu Government. The order has been issued to

cc:itrol pollu-

D tion and protect the environment. We are of the view that the order should

be strictly enforced and no industry listed in Annexure-1 to the order

should be permitted to be set up in the prohibited area.

E

F

G

H

Learned counsel for the tanneries raised an objection that the

standard regarding total dissolved solids

(TDS) fixed by the Board was

not justified. This Court by the order dated April

9, 1996 directed the

NEERI to examine this aspect and give its opinion. In its report dated

June

11, 1996 NEERI has justified the standards stipulated by the Board.

The reasoning of the NEERI given

in its report dated June 11, 1996 is as

under:

"The total dissolved solids in ambient water have phisiological,

industrial and economic significance. The consumer acceptance of

mineralized water decreases

in direct proportion to increased

mineralization

as indicated by Bruvold (1). High Total dissolved

solids (TDS), including chlorides and sulphates, are objectionable

due to possible physiological effects and mineral taste that they

impart to water. High

lev~ls of total dissolved solids produce

laxative/cathartic/purgative effect in consumers. The requirement

of soap and other detergents

in household and industry is directly

related to water

hardness as brought out by Deboer and Larson

(2). High concentration of mineral salts, particularly sulphates and

VELLORE cmZENS WELFARE FORUM V. U.O.L [KULDIP SINGH, J.] 269

chlorides, are also associated with costly corrosion damage in A

wastewater treatment systems, as detailed by Patterson and Banker

(3). Of particular importance is the tendency of scale deposits with

high TDS thereby resulting in high fuel consumption in boilers.

The Ministry of Environment and forests (MEF) has not

categorically laid down standards for inland surface water dis­

charge for total dissolved solids (TDS), sulphates and chlorides.

The decision on these standards rests with the respective State

Pollution Control Boards as per the requirements based on local

site conditions. The standards stipulated

by the

TNPCB are jus­

tified on the aforereffered considerations.

B

c

The prescribed standards of the

TNPCB for inland surface

water discharge can be met for tannery wastewaters cost-effec­

tively through proper implant control measures in tanning opera­

tion, and rationally designed and effectively operated wastewater

treatment plants

{ETPs & CETPs). Tables 3 and 5 depict the D

quality of groundwater in some areas around tanneries during peak

summer period (June

3-5, 1996). Table 8 presents the date

col­

lected by TNPCB at individual ETPs indicating that TDS, sul­

phates and chlorides concentrations are below the prescribed

standards for inland surface water discharge. The quality of

am-E

bient waters needs to be maintained through the standards stipu­

lated by TNPCB."

The Board has the power under the Environment Act and the Rules

to

lay down standards for emissions or discharge of environmental

pol­

lutants. Rule 3(2) of the Rules even permit the Board to specify more F

stringent standards from those provided under the Rules. The NEERI

having justified the standards stipulated

by the Board, we direct that these

standards are to be maintained by the tanneries and other industries in the State of Tamil Nadu.

Keeping in

view the scenario discussed by us in this judgment, we

order and direct as under :

1. The Central Government shall constitute an authority under

Sec­

tion 3(3) of the Environment (Protection) Act, 1986 and shall confer on

G

the said authority all the powers necessary to deal with the situation created H

270 SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

A by the tanneries and other polluting industries in the State of Tamil Nadu.

The Authority shall be headed by a retired judge of the High Court and it

may have other members • preferably with expertise in the field of pollution

control and environment protection • to be appointed by the Central

Government. The Central Government shall confer on the said authority

B the powers to issue directions under

Section 5 of the Environment Act and

for taking measures with respect to the matters referred to in Clauses (v),

(vi)

(vii) (viii) (ix) (x) and (xii) of sub-Section (2) of

Section 3. The Central

Government shall constitute the authority before September

30, 1996.

·

2. The authority so constituted by the Central Government shall

C implement the "precautionary principle" and the "polluter·pays" principle.

The authority shall, with the help of expert opinion and after giving

opportunity to the concerned polluters assess the loss to the ecology/en­

vironment in the affected areas and shall also identify the in­

dividuals/families who have suffered because of the pollution and shall

D assess the compensation to be paid to the said individuals/families. The

authority shall further determine the compensation to be recovered from

the polluters

as cost of reversing the damaged environment. The authority

shall lay down just and fair prncedure for completing the exercise.

E

F

3. The authority shall compute the compensation under two heads

namely, for reversing the ecology and for payment to individuals. A

state­

ment showing the total amount to be recovered, the names of the polluters

from whom the amount

is to be recovered, the amount to be recovered

from each polluter, the persons to whom the compensation

is to be paid

and the amount payable to each of them shall be forwarded to the

Collec­

tor/District Magistrate of the area concerned. The Collector/District

Magistrate shall recover the amount from the polluters,

if necessary, as

arrears of land revenue. He shall disburse the compensation awarded

by

the authority to the affected persons/families.

G 4. The authority shall direct the closure of the industry owned/

managed

by a polluter in case he evades or refuse to pay the compensation

awarded against

him. This shall be in addition to the recovery from him as

arrears of land revenue.

H 5. An industry may have set up the necessary pollution control device

[

VELLORECffiZENS WELFARE FORUMv. U.O.L [KULDIP SINGH,J.) 271

at present but it shall be liable to pay for the past pollution generated by A

the said industry which has resulted in the environmental degradation and

suffering to the residents of the area.

6. We impose pollution fine of Rs.

10,000 each on all the tanneries

in the districts of North Arcot Ambedkar, Erode periyar, Dindigul Anna,

Trichi and Chengai M.G.R. The fine shall be paid before October 31, 1996

in the office of the Collector/District Magistrate concerned. We direct the

Collectors/District Magistrates of these districts

to recover the fines from

B

the tanneries. The money shall be deposited, alongwith the compensation

amount recovered from the polluters, under a separate head called

"En­

vironment protection Fund" and shall be utilised for compensating the C

affected persons as identified by the authorities and also for restoring the

damaged environment. The pollution fine

is liable to be recovered as

arrears of land revenue. The tanneries which

fail to deposit the amount by

October 31, 1996 shall be closed forthwith and shall also be liable under

the Contempt of Courts Act.

7. The authority, it consultation with expert bodies like NEER!,

Central Board, Board shall frame scheme/schemes for reversing the

damage caused to the ecology and environment by pollution in the State

D

of Tamil Nadu. The scheme/schemes so framed shall be executed by the

State Government under the supervision of the Central Government. The

E

expenditure shall be met from the

"Environment Protection fund" and from

other sources provided

by the State Government and the Central Govern­

ment.

8. We suspend the closure orders in respect of all the tanneries in

the

five districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, F

Trichi and Chengai M.G.R. We direct all the tanneries in the above five

districts to set up

CETPs or Individual Pollution Control Devices on or

before November

30, 1996. Those connected with

CETPs shall have to

install in addition the primary devices

in the tanneries. All the tanneries in

the above

five districts shall obtain the consent of the Board to function G

and operate with effect from December 15, 1996. The tanneries who are

refused consent or

who fail to obtain the consent of the Board by Decem-

ber

15, 1996 shall be closed forthwith.

9. We direct the Superintendent of

Police and the Collector/District

Magistrate/Deputy Commissioner of the district concerned to close all

H

2n SUPREME COURT REPORTS [1996) SUPP. 5 S.C.R.

A those tanneries with immediate effect who fail to obtain the consent from

the Board

by the said date.

Such tanneries shall not be reopened unless

the authority permits them to do

so. It would be open to the authority to

close such tanneries permanently or to direct their relocation.

B

c

D

E

F

G

10. The Government Order No. 213 dated March 30, 1989 shall be

enforced forthwith.

No new industry listed in Annexure-1 to the Notifica­

tion shall be permitted to

be set up within the prohibited area. The

authority shall review the cases of all the industries which are already

operating in the prohibited area and it would be open to authority to direct

the relocatiion of any of such industries.

11. The standards stipulated by the Board regarding total dissolved

solids

(TDS) and approved by the NEERI shall be operative. All the

tanneries and other industries in the State of Tamil Nadu shall comply with

the said standards. The quality of ambient waters has to be maintained

through

the standards stipulated by the Board.

We have issued comprehensive directions for achieving the end result

in this case. It

is not necessary for this Court to monitor these matters any

further. We are of the

view that the Madras High Court would be in a

better position to monitor these matters hereinafter. We, therefore, request

the Chief Justice of the Madras High Court to constitute a special Bench

"Green Bench" to deal with this case and other environmental matters. We

make it clear that it would be open to the Bench to pass any appropriate

order/orders keeping

in view the directions issued by us. We may mention

that

"Green Benches" are already functioning in Calcutta, Madhya Pradesh

and some other High Courts. We direct the Registry of this Court to send

the records to the registry of the Madras High Court within one week. The

High Court shall treat this matter as a petition under Article

226 of the

Constitution of India and deal with it in accordance with law and also in

terms of the directions issued by

us. We give liberty to the parties to

approach the High Court

as and when necessary.

Mr. M.C. Mehta has been assisting this Court to our utmost satisfac­

tion.

We

place on record our appreciation for Mr. Mehta. We direct the

State of Tamil Nadu to pay Rs. 50,000 towards legal fees and other out of

pocket expenses incurred

by Mr. Mehta.

H v.s.s. Petition disposed

of.