# M.C.MEHTA v. UNION OF INDIA AND ORS

- **Citation:** [1996] Supp. 10 S.C.R. 383
- **Court:** Supreme Court of India
- **Decided:** 1996-12-19
- **Bench:** Kuldip Singh, S. Saghir Ahmad
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-c-mehta-v-union-of-india-and-ors-14682
- **Pages:** 33

## Headnote

Environmental Law :
Constitution of India, 1950: Articles 21 and 32.
Ecology--River Ganga-Pollution of-Calcutta tanneries discharged
untreated noxious and poisonous effluent into River Ganga thereby polluting
land and rive,.......PJL treated as writ petition-Supreme Court monitored this
A
.B
c
writ petition for a long time with a view to controlling pollution and save
environment-In view of categoric findings of NEER/ and also reports of
W.B. State Pollution Control Board, possibility of setting up of Common D
Effluent Plant at existing locations of Calcutta Tanneries rnled out-Calcutta
tanneries was extended all possible help to relocate themselves to new complex-But they did not do so despite giving clear undertaking in that behalf to
supreme Court-Held: Calcutta Tanneries even otherwise operated in violation of mandatory provisions of Water Act and Environment Protection E
Act-One who polluted the environment must pay to reverse damage caused
by his acts (Polluter Pays Principle}--Accordingly, directions issued for unconditional closure of all Calcutta tanneries w.e.f. 30.9.1997, relocation,
payment of compensation by them for reversing the damage and for rights
and' benefits to be made available by them to their workmen--f'ollution fine
of Rs. 10,000 each imposed on all Calcutta tanneries-The compensation F
amount and fine to be deposited under "Environment Protection Fund" and
utilised for restoring damaged environment and ecology-"Green Bench" of
Calcutta High Court to monitor further progress-Water (Prevention and
Control of Pollution) Act, 1974--Environment (Protection) Act, 1986.
The petitioner filed this petition--f'ublic interest-In this Court which G
was initially directed against the tanneries located in the city of Kanpur. While
monitoring the said directions, this Court en,larged the scope of the petition
and the industries located in various cities on the bank of river Ganga were
called upon to stop discharging untreated, noxious and poisonous effluent
into the river, The tanneries located in the four adjoining areas in the eastern · H
383
384
SUPREME COURT REPORTS(l996] SUPP. 10 S.C.R.
A fringe of the city of Calcutta (the Calcutta tanneries) had all along been
operating in extreme unhygi,enic conditions and were discharging highly toxic
effluent all over the areas.
The Calcutta tanneries had been extended all possible help to relo·
cate themselves but still they did not cooperate in their relocation to the
B new complex even after giving clear undertaking in that behalf to this
Court. As per National Environmental Engineering Research Institute
(NEERI) findings and the reports of the West Bengal State Pollution
Control Board the possibility of setting up of Common Effiuent Treatment
Plant at existing locations of the Calcutta tanneries was ruled out.
c
Disposing of the petition, this Court
HELD : 1.1. This Court has been monitoring this petition for a long
time primarily with a view to control pollution and save the environment.
In the process the Calcutta tanneries have been extended all possible help
D to relocate themselves to the new complex. Despite repeated reports by the
West Bengal State Pollution Control Board that the Calcutta tanneries
were/are discharging highly noxious effiuent and are polluting the land and
the river, this Court did not order the closure of the tanneries because they
agreed before this Court and had given clear undertaking that they would
E relocate to the new complex. Inspite of all the efforts made by this Court
to provide every possible facility to the Calcutta tanneries to shift to the
new complex they remained wholly non-cooperative. [404-E-G]
1.2. In view of the categoric findings of the National Environmental
Engineering Research Institute (NEERI) and also several reports by the
F West Bengal State Pollution Control Board (Board) there is no possibility
of setting up of common effiuent treatment plants at the existing locations
of the Calcutta tanneries. In the facts and

## Text

_Characters 0–39,830 of 71,229. This is a partial read: ask again with offset=39830 for what follows._

M.C.MEHTA
v.
UNION OF INDIA AND ORS.
DECEMBER 19, 1996
[KULDIP SINGH AND S. SAGHIR AHMAD, JJ.]
Environmental Law :
Constitution of India, 1950: Articles 21 and 32.
Ecology--River Ganga-Pollution of-Calcutta tanneries discharged
untreated noxious and poisonous effluent into River Ganga thereby polluting
land and rive,.......PJL treated as writ petition-Supreme Court monitored this
A
.B
c
writ petition for a long time with a view to controlling pollution and save
environment-In view of categoric findings of NEER/ and also reports of
W.B. State Pollution Control Board, possibility of setting up of Common D
Effluent Plant at existing locations of Calcutta Tanneries rnled out-Calcutta
tanneries was extended all possible help to relocate themselves to new complex-But they did not do so despite giving clear undertaking in that behalf to
supreme Court-Held: Calcutta Tanneries even otherwise operated in violation of mandatory provisions of Water Act and Environment Protection E
Act-One who polluted the environment must pay to reverse damage caused
by his acts (Polluter Pays Principle}--Accordingly, directions issued for unconditional closure of all Calcutta tanneries w.e.f. 30.9.1997, relocation,
payment of compensation by them for reversing the damage and for rights
and' benefits to be made available by them to their workmen--f'ollution fine
of Rs. 10,000 each imposed on all Calcutta tanneries-The compensation F
amount and fine to be deposited under "Environment Protection Fund" and
utilised for restoring damaged environment and ecology-"Green Bench" of
Calcutta High Court to monitor further progress-Water (Prevention and
Control of Pollution) Act, 1974--Environment (Protection) Act, 1986.
The petitioner filed this petition--f'ublic interest-In this Court which G
was initially directed against the tanneries located in the city of Kanpur. While
monitoring the said directions, this Court en,larged the scope of the petition
and the industries located in various cities on the bank of river Ganga were
called upon to stop discharging untreated, noxious and poisonous effluent
into the river, The tanneries located in the four adjoining areas in the eastern · H
383
384
SUPREME COURT REPORTS(l996] SUPP. 10 S.C.R.
A fringe of the city of Calcutta (the Calcutta tanneries) had all along been
operating in extreme unhygi,enic conditions and were discharging highly toxic
effluent all over the areas.
The Calcutta tanneries had been extended all possible help to relo·
cate themselves but still they did not cooperate in their relocation to the
B new complex even after giving clear undertaking in that behalf to this
Court. As per National Environmental Engineering Research Institute
(NEERI) findings and the reports of the West Bengal State Pollution
Control Board the possibility of setting up of Common Effiuent Treatment
Plant at existing locations of the Calcutta tanneries was ruled out.
c
Disposing of the petition, this Court
HELD : 1.1. This Court has been monitoring this petition for a long
time primarily with a view to control pollution and save the environment.
In the process the Calcutta tanneries have been extended all possible help
D to relocate themselves to the new complex. Despite repeated reports by the
West Bengal State Pollution Control Board that the Calcutta tanneries
were/are discharging highly noxious effiuent and are polluting the land and
the river, this Court did not order the closure of the tanneries because they
agreed before this Court and had given clear undertaking that they would
E relocate to the new complex. Inspite of all the efforts made by this Court
to provide every possible facility to the Calcutta tanneries to shift to the
new complex they remained wholly non-cooperative. [404-E-G]
1.2. In view of the categoric findings of the National Environmental
Engineering Research Institute (NEERI) and also several reports by the
F West Bengal State Pollution Control Board (Board) there is no possibility
of setting up of common effiuent treatment plants at the existing locations
of the Calcutta tanneries. In the facts and circumstances, there is no
hesitation in holding that the Calcutta tanneries shall have to he relocated
from their present locations. [ 405-F]
G
2.1. The Calcutta tanneries are even othenvise operating in violations
of the provisions of the Water (Prevention and Conrol of Pollution) Act,
1974. In terms of Section 26 of the Water Act, the Calcutta tannerie8 are
under an obligation to obtain consent from the Board before they are
permitted to discharge the trade effiuent into a stream or on land. A large
H number of Calcutta tanneries have not obtained the consent required under
-
--
M.C. MEHTA v. U.O.I.
385
the Water Act. The Calcutta tanneries are also violating the mandatory A
provisions of the Environment (Protection) Act, 1986. [407-E-F; 409-F-G]
2.2. It is settled that once who pollutes the environment must pay to
reverse the damages caused by his acts (Polluter Pays Principle). Accordingly, directions _are issued for unconditional closure of all the Calcutta
tanneries with effect from 30.9.1997, relocation, payment of compensation B
by them for reversing the damage and for rights and benefits to be made
available by them to their workmen. [411-C-H]
Vellore Citizens Welfare Fornm v. Union of India & Ors., JT (1996) 7
SC 375, relied on.
C
M.C. Mehta v. Union of India, [1987) 4 SCC 463, referred to.
Indian Council for Enviro-Legal Action v. Union of India, JT (1996) 2
SC 196, cited.
3. Pollution fine of Rs. 10,000 each is imposed on all the Calcutta
tanneries. The compensation amount recovered from the polluting tanneries shall be deposited under a separate head called "Environment
Protection Fund" and shall be utilised for restoring the damaged environment and ecology. The "Green Bench" of the Calcutta High Court is to
D
monitor further progress in these matters. [ 413-F -H; 415-C]
E
CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 3727 of
1985.
(Under Article 32 of the Constitution of India.)
M.C. Mehta, in-person, Ms. Seema, Krishan Mahajan, A.M. Khanwilkar, (A.C.), for Petitioner.
F
D.P. Gupta, Solicitor General, K.T.S. Tulsi, Additional Solictor
General, R. Mohan, P.P. Malhotra, Rajinder Sachar, Shanti Bhushan, R.P.
Bhatta, L.C. Bihani, G.L. Sanghi, (M/s. Sinha & Das Co., Advs. for State G
of West Bengal) (V.G. Pragasam) for W.B.P.C.B.) Vijay Panjwani, for
(C.P.C.B.), A. Sharan, Pradeep Misra, Ranjit Kumar, S. Wasim A. Qadri,
Ms. Sushma Suri, Ms. Niranjana Singh, S.N .Terdol, B.C. Barua, N.N.
Gooptu, U.N. Banerjee, Dilip Sinha, J.R. Das, M.J. Paul, Imtaiz Ahmad,
Ranjan Mukherjee, M.N. Shroff, Jaideep Gupta, Sukant i;>utta, Praveen H
386
SUPREME COURT REPORTS[1996) SUPP. 10 S.C.R.
A Kumar, Ms. Suchandra Mukherjee, S.S. Kumar, S.K. Gupta, Ms. Harwinder Choudhary, Amar Singh, R.P. Srivastava, Arvind Kumar Sharma,
LS. Goyal, Ms. Indu Malhotra, K.C. Bajaj, Mrs. AK. Verma, S.
<. Sukumaran, P.D. Tyagi, Mrs. V.D. Khanna, Sudhir Kulshreshta, D. Prakash
Reddy, Manoj Swarup, Sanjay Parekh, Bijon Swarup, Sanjay Parekh, Bijon
B Ghosh, D.P. Mukherjee, Sanjoy Ghosh, Rathin Das; S.N. Mathur, E.C.
Agrawala, S.K. Verma, AK. Jha, S.R. Bhat, Mukul Mudgal, Parijat Sinha,
R.C. Verma, Arvind Minocha, Kailash Vasdev, Vinoo Bhagat, S.K.
Dhingra, Praveen Kumar, S.R. Setia, Ashok Gover, S. Markandeya, P.
Mittra, Manoj Swarup, K.C. Dua, Pramod Swamp, S.L. Aneja, AK. Gupta,
V.B. Saharya, H.K. Puri, Ms. Madhu Sikri, Devendra Singh, Sunil Jain,
C AK. Sinha P.P. Singh and Rajiv Dutta 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 was initially directed against the tanneries
D located in the city of Kanpur. This Court by the order dated September
22, 1987 (1987 4 SCC 463) (Kanpur tanneries) issued various directions in
relation to the Kanpur tanneries. While monitoring the said directions, the
scope of the petition was enlarged and the industries located in various
cities on the bank of river Ganga were called upon to stop discharging
E untreated effluent into the river. In this judgment we are concerned with
the tanneries located at Tangra, Tiljola, Topsia and Pagla Danga the four
adjoining areas in the eastern fringe of the city of Calcutta (the Calcutta
tanneries). These areas accommodate about 550 tanneries. According to
the examination report dated September 30, 1995 by the National Environmental Engineering Research Institute (NEER!), ninty percent of the
F Calcutta tanneries use chrome based tanning process, while the remammg
utilise vegetable tanning process. The present status of the four tannery
clusters in Calcutta, according to the NEER! report, is as under :
G
"It was observed by the inspection team that no appropriate wastewater drainage and collection systems are available in any of the
tannery clusters. The untreated wastewater flows through open
drains causing serious environmental, health and hygiene
problems. Also, no wastewater treatment facilities exist in any of
the four tannery clusters."
H The observations by the NEER! team, regarding the Calcutta tanneries in
-
-
-.
M.C. MEIITAv. U.0.1. [KULDJP SINGH, J.]
'387
the report are as under :
- " Tannery units are located in highly congested habitations,
offering little or no scope for future expansion, modernization or
installation of ETP ( s)
- Tannery units are located in thickly populated residential areas
- Surroundings of the tanneries are extremely unhygienic due to
discharge of untreated effluents in open drains, stagnation of
wastewater in low lying areas ·around the tannery units, and accumulation of solid waste~ in tanneries."
It is thus obvious that the Calcutta tanneries have all along been operating
in extreme unhygienic conditions and are discharging highly toxic effluents
all over the areas. This Court on the basis of the material on the record in
Kanpur-tanneries order observed as under regarding the noxious nature of
A
B
c
the tannery-effluent :
D
"It should be remembered that the effluent discharge from ·a
tannery is ten times noxious when compared with the domestic
sewage water which flows into the river from any urban area on
its banks."
·
Needless to say that the State of West Bengal and the West Bengal
. Pollution Control Board (the Board) are wholly re-miss in the performance
of their statutory obligations to control pollution and stop environmental
degradation.
E
On February 19, 1993 the State Government informed this Court that F
the Calcutta tanneries were being shifted from their present location and
the new location would be fully equipped with pollution control devices.
This Court gave three months time to the State Government to take
appropriate steps in that direction. The State Government by way of an
application sought extension of time for the shifting of the Calcutta tan- G
neries. This Court considered the application on August 13, 1993 and
passed the following order:
"The State of West Bengal has moved an application for extension of time for the shifting of over 500 tanneries functioning
on the bank of the river Ganges. This Court by its order dated H
388
A
B
c
D
E
SUPREME COURT REPORTS[l996] SUPP.10 S.C.R.
February 19, 1993 gave three months time to the State of West
Bengal to take appropriate steps. The relevant part of the order
is as under:
"As regards the industries in Group 'D' Part II of Annexure 'A', the State Government is said to be taking steps
for shifting these industries from the place where thr,y are
presently located to another place and to erect a common
effluent plant for them in the new place. In that view of the
matter, the State of West Bengal shall take appropriate steps
within a period of three months."
We see no ground to grant 3 years time to the State of West Bengal.
We direct the West Bengal Pollution Control Board to publish a
general notice in a Daily paper which is popular in the said area
consecutively for 3 days directing the tanneries to shift their place
of working within three months from the date of publication of the
notice or in the alternative set up effluent treatment plants to the
satisfaction of the Board. It shall be clearly stated in the notice
that in the event of failure the functioning of the industry at present
place shall be stopped. The Board shall also issue individual
notices to all the industries within two weeks from the receipt of
this order.
We are prima facie of the view that the Government of West
Bengal cannot back out from its obligation of providing an alternative place of working to these tanneries in case they wish to shift
their place of functioning. We direct the Secretary, Small-Scale
F
Industries, Government of West Bengal to be personally present
in this Court on 24.9.1993 with a proposal regarding the alteriiative
land or appropriate compensation to be paid to each of the
industries."
This Court on September 24, 1993 directed the Board to examine the
G possibility of setting up of common effluent treatment plants for the
Calcutta tanneries in the four areas. The Board was further directed to
indicate the cost which was likely to be incurred in the setting up of the
project. The Calcutta-tanneries were directed to approach NEERI for the
preparation ofthe projects. Pursuant to the directions of this Court, the
H Board filed affidavit dated October 5, 1993 in this Court. It is stated in the
M.C. MEIITAv. U.O:l. [KULDIP SINGH, J.]
389
said affidavit that the Calcutta tanneries "are operating for a considerable A
period of time with no regard to environmental pollution control ........ .
virtually shiftirig of the tanneries from the present location to another place
and construction of common Effluent Treatment Plants, is the only practicable solution to control the environmental degradation as a whole". The
relevant part of the affidavit is as under :
"3. As per the order of the Hon'ble Supreme court dated 24th
September, 1993, Technical Officers of the Board have examined
the possibility of setting up a common Effluent Treatment Plant
for the tanneries situated in Tiljala, Topsia and Tangra area which
are located in the eastern fringe of Calcutta.
A layout map indicating the location of the tanneries in Tiljala,
Tangra and Topsia area alongwi~h a diagram mentioning the
number of tanneries in such areas are also enclosed herewith
collectively and marked as Annexure - 'A'.
1 It reveals from the inspection that adequate space is not available in Tiljala, Tangra and Topsia area for construction of Common Effluent Treatment Plant.
B
c
D
In this connection it can be mentioned that Tanneries situated E
at Tiljala, Tangra and Topsia area are operating for a considerable
period of time with no regard to environment pollution control.
After the enactment of the Water (Prevention & Control of
Pollution) Act, 1974 in the State of West Bengal, tanneries of the
said locality never applied for consent to the State Pollution F
Control Board. Only in the year 1989, more than one hundred
tanneries applied for consent to the State Board after long persuasion.
Considering their practical problem, State Board issued consent under the Water (Prevention and Control" of Pollution) Act, G
1974, to tanneries for six months only in the year 1989 with a
condition that within the validity period of consent i.e. within 6
(six) months, the said tanneries will construct primary effluent
treatment plant and submit a scheme of secondary effluent treatment plant. But unfortunately none of the tanneries situated in the H
A
B
c
D
E
F
390
SUPREME COURT REPORTS(1996] SUPP. 10 S.C.R.
said area constructed or have taken any s~eps for construction of
effluent treatment plant.
Therefore, State Board issued legal notice to the tanneries in
the year 1992. Show cause notices were also issued by the State
Board asking why their factory may not be directed to be closed for
not putting up right type of effluent treatment plant as per the order
of Hon'ble Supreme Court dated 1st December, 1992.
Subsequently more than 275 nos. of tanneries applied for consent to the State Board but in view of the Hon'ble Supreme Court's
order dated 19th February, 1993, "Consent" was not granted to any
of the tanneries. Moreover tanneries of the said area were directed
to submit an undertaking in the court stamp paper that they are
willing to move to any place as fixed up by the Government of
West Bengal.
Accordingly, more than 280 tanneries submitted their undertaking in 'Court Stamp Paper' that they are willing to move to any
place as fixed up by the Government of West Bengal from their
present location.
5. That, due to the existence of the tanneries without having
any treatment facilities in Tangra, Tiljala and Topsia area, environmental degradation in such areas and their surroundings are extremely alarming. Virtually shifting of the tanneries from the present
location to another place and construction of common Effluent
Treatment Plant, is the only practicable solution to control the
environmental degradation as a whole."
The matter came up for further consideration on October 15, 1993.
This Court agreed with the above quoted opinion of the Board and came
to the conclusion that the only viable solution was to relocate the Calcutta
G Tanneries. This Court further passed the following order :
"Mr. Satendra Nath Ghosh; Secretary, Department of Cottage and
, Small Scale Industries, Government of West Bengal has stated in
his affidavit dated September, 1993 that the Government of West
Bengal has already identified 507.27 acres of land to be acquired
H
for setting up the tanneries complex. He has further stated that on
M.C. MEHTAv. U.O.I. [KULDIP SINGH, J.]
391
technical advice, the Government is thinking of having a bigger A
...
project and as such the acquisition proceedings in respect of the
above said land have not been initiated.
Along with the affidavit a Notification dated July 28, 1992 has
been annexed. By the said Notification a Monitoring Committee B
for the integrated leather complex to be set up in the District of
South 24 Parganas has been constituted. The Committee consists
of 19 members including the Minister Incharge, Cottage and Small
Scale Industries, Minister Iii.charge, Sunderbad Development
Board, Secretary, Cottage and Small Scale Industries, Secretary,
Commerce and Industries Department, Secretary to the Chief c
Minister of West Bengal, the Secretary, Irrigation and Waterways
Department, Secretary, Environment Department, Secretary,
Public Health Engineering and various other highly placed officers
connected with the project. Thereafter the Deputy Secretary to the
Government of West Bengal in the Department of Land and Land D
Revenue addressed a letter dated July 13, 1993 to the Collector of
South 24 Parganas informing him that a decision has been taken
on the government level to acquire the land measuring 507.27 acres
in mouzas Karaldanga and others, P.S. Bhangor in the District of
South 24 Parganas for the integrated leather. complex under the
provisions of the West Bengal Land Requisition and Acquisition E
Act 1948 (the Act) as a special case. By another letter dated
August 23, 1993, the Governor of West Bengal has accorded
sanction of Rs. 60 lacs for meeting the acquisition expenses
towards acquisition of land measuring 507.27 acres, under the
above mentioned Act.
F
It is, thus obvious that the West Bengal Government have
already taken steps to acquire 507.27 acres ofland for the tanneries
complex. There is no reason why the plan should not go ahead and
-""'
be completed within a reasonable time. We direct the Minister,
Incharge Cottage and Small Scale Industries Department, who is G
the Chairman of the Committee, to proceed with the Project in
·.:"
accordance with the following time schedule.
1. The Committee shall entrust the project to a technical authority
like the National Environmental and Engineering Research In- H
392
A
B
SUPREME COURT REPORTS[l996] SUPP. 10 S.C.R.
stitute or any other equally competent authority for preparing a
project in this respect. The expenditure for getting the project
prepared shall be met by the West Bengal Government. The
project should be got prepared on war-footing and be prepared
within a period of two months of the receipt of this order.
2. The procedure for acquiring the land measuring 507.27 acres
under the Act shall be commenced within one month from the
receipt of this order and shall be completed expeditiously.
3. After the acquisition proceedings are completed and land is
C
taken in possession of, the State Government shall get the land
developed through the authorities under the control of Che State
Government. This shall be done within three months thereafter.
As at present we give the above directions to the Monitoring
Committee. The Secretary, Department of Cottage and Small Scale
D
Industries shall keep on sending the progress report to this Court
after every four weeks. After the above quoted steps are completed
in accordance with the schedule given by us, further directions in
this respect shall be given. We make it clear that any violation of
this order shall attract the provisions of the Contempt of Court
E
F
G
H
Act."
While examining the progress made in the execution of the project
in terms of the above quoted directions, this Court on February 25, 1994
passed the following order :
"We directed the Minister Incharge, Cottage and Small Industries
Department, Chairman of the Committee to proceed with the
projects on war-footing and have the project report prepared
within the period of two months from October 14, 1993. We have
been informed by the learned counsel appearing for the State of
West Bengal that a preliminary report has been received from the
Central Leather Research Institute, Madras, but the design and
estimate are yet to be received. We are of the view that the project
is not being executed in accordance with the time schedule
directed by this Court. We request and direct Mr. Probir Sengupta,
Minister Incharge, Cottage and Small Industries to file an affidavit
in this regard within two weeks explaining the progress in the
M.C. MEHTAv. U.O.I. [KULDIP SINGH, J.]
393
project and also the reasons, if any, why the time schedule fixed A
by this Court is not being followed. We make it clear that the
affidavit should be filed in this Court on or before 15.3.1994. We
further direct the Minister Incharge to depute a responsible officer
to be present in this Court on the date when. we take up the
affidavit for consideration".
Pursuant to the above quoted order of this Court, Probir Sen Gupta,
Minister Incharge, Department· of Cottage and Small Scale Industries,
Governni.ent of West Bengal filed affidavit in his capacity as the Chairman
B
of Monitoring Committee set up by State Government by the notification
dated July 28, 1992 to monitor the new integrated leather complex. The C
affidavit stated as under :
" ........... About 1,000 acres of land has already been acquired and
possession taken for setting up the Calcutta Leather Complex. It
is stated by the Learned counsel appearing for the Minister that D
the Calcutta Leather Complex includes the tanneries and all other
allied leather industries. It is stated that the Project Report in
respect of the complex has been received from the Central Leather
Research Institute, Madras. We are of the view that the development of the Complex should be done in a phased manner. Top
priority has to be given to the tanneries which are to be shifted E
from Calcutta to the new Complex. The Project which has been
prepared by the Calcutta Leather Research (in short - CLRI)
relates to the tanneries as well as other allied industries to be set
up at the new complex. We direct the State of West Bengal to take
up that part of the Project for implementation in the first instance p
which relates to the tanneries. While doing so, if any technical
difficulty arises, the State of West Bengal may immediately approach the CLRI through its Deputy Director, Dr. Mariappan, to
render the advice asked for within two weeks of the receipt of the
requisition. Of course, the Institute shall be entitled to its normal
fees for rendering the advice.
G
Meanwhile, we direct the State of West Bengal to assess the
need of each of the tanneries either directly or through the Association (the learned counsel has informed us that an Association
is in the process of being formed) regarding the extent of land and H
A
B
394
SUPREME COURTREPORTS(1996) SUPP.10 S.C.R.
other facilities required by them. This is to be done within four
weeks from today and a report be filed in this Court. We further
direct the State of West Bengal to take into hand the development
of the acquired area either directly or through the Association.
Copy of the order be sent to the West Bengal Government and to
the Minister personally".
This Court took up the matter for further monitoring on July 29,
1994. Jyotirmoy Ghosh, Joint Secretary, Department of Cottage and Small
Scale Industries Government of West Bengal, had filed an affidavit indicating the progress made in the relocation of Calcutta tanneries. After exC amining the contents of the affidavit this Court passed the following order:
D
E
"We are prima facie satisfied that no steps at all have been taken
by the Govenpnent of West Bengal to comply with our orders
reproduced above. We issue notice returnable on 19.8.1994 to
(through speed post/fax) Mr. Prabir Sengupta, Minister lncharge,
Department of Cottage and Small Scale Industries, Government
of West Bengal, and Mr. Jyotirmoy Ghosh, Joint Secretary,
Department of Cottage and Small Scale Industries, Government
of West Bengal to show cause why contempt proceedings be not
instituted against them. Meanwhile, we give them opportunity to
file further affidavit showing compliance, if any, of this Court's
orders made by the State of West Bengal".
This Court on September 9, 1994 considered the affidavits filed by
Probir Sen Gupta, Minister Incharge and by Jyotirmoy Ghosh, Joint
Secretary respectively of the State of West Bengal. After hearing Mr. N.N.
F Gooptu, learned Advocate General, State of West Bengal, this Court
passed the following order :
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"We are prima facie satisfied that there has been no effort on the
part of the West Bengal Govt. to comply with the directions given
by this Court. Despite our finding, we restrain ourselves and refrain
from issuing contempt notice to the Minister and the Joint
Secretary at this stage.
We reiterate our earlier direction given on April 15, 1994 and
expect the State Govt. to comply with the same fully within a period
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of 8 weeks from today. During the course of arguments, we have
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M.C. MEHfAv. U.O.I. [KULDIP SINGH, J.]
395
given sufficient indication to the learned Advocate General as to A
how the State of West Bengal is to proceed in this matter. We
indicate that the State Govt. shall issue individual notices to each
of the tanneries indicating that as per this Court's order, all the
tanneries have to be shifted. from their existing place of work to
the place which has already been acquired by the State Govt. They B
shall be asked to give their requirements regarding land, financial
assistance and any other assistance which they need within the
specified period. The State Govt. shall also indicate thereafter by
a public notice the mode of transferring the land and the mode of
payment of the price by the tanneries. Meanwhile, the State Govt.
shall take immediate steps to develop the land in the sense that it C
shall start working on the sewage system, water works, electricity
and other amenities and construction work which is to be done.
We make it clear that we have only indicated some of the steps
which are necessary in the process of shifting the tanneries from
their present place of work. It is for the State Govt. to have a D
detailed scheme prepared and have the project completed within
a phased manner.
Mr. Harish N. Salve, learned senior counsel appearing for the
Tanneries Association has very fairly stated that they have no
objection in shifting to the new place provided all the facilities are E
given to them by the State Govt. He further states that the main
difficulty in their way is the setting up of an Effluent Treatment
Plant. The State Govt. shall have an estimate prepared immediately
regarding the expenditure and the time it is going to take in setting
up the E.T.P. We shall thereafter apply our mind to find out the F
way to pool financial sources from the State Govt., Central Government and the Tanneries themselves".
On February 20, 1995 this Court was informed that the estimated cost
of the land in the new complex would be Rupees 860.00 per square meter.
Learned counsel appearing for the Calcutta tanneries, however, contended G
that the price suggested was on the higher side. Various suggestions for
reducing the cost of land were considered and finally the Court passed the
following order :
"Mr. Ajoy Sinha, Principal Secretary to the Government of West H
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396
SUPREME COURT REPORTS(1996) SUPP.10 S.C.R.
Bengal and Secretary Department of Cottage and Small Scale
Industries has filed two affidavits dated February 7, 1995 and
February 16, 1995 on behalf of the State of West Bengal in
Tanneries Matter. The affidavits be taken on record.
We have heard Mr. M.C. Mehta, Mr. Dalip Sinha and Mr. G.
Ramaswamy. Mr. Ajoy Sinha has annexed copy of the Notice dated
January 10, 1995 served on all the tanneries along with the affidavit
dated February 7, ~995. It has been mentioned in para VI of the
notice that the estimated cost of the land in the new complex would
be Rs. 860.00 per sq. metre. It is further stated that this has been
worked out on the basis of the total estimate of the cost, which
according to the State Government, comes to about Rs. 130 crores.
Mr. G. Ramaswamy, learned senior counsel appearing for the
tanneries has informed us that during the course of discussion
between the representatives of the tanneries and the Government
officials, it was disclosed that cost of the common effluent treatment plant to be set up at the new complex would come to about
Rs. 65 crores. The Co-ordinating Committee of the Calcutta Tanneries has, in its letter dated February 15, 1995, informed the
Government that they are willing to shift to the new complex. The
main objection raised by the tanneries is that the price as Rs. 860.00
per sq, metre is excessive and very much on the higher side. We
have no doubt that the Government must have fixed the price per
square metre on "no profit no loss" basis.
We are of the view, that the amount of Rs. 65 crores, to be
spent on the construction of the common effluent treatment plant,
should initially be founded by the Government or from some other
source provided by the Government. After the treatment plant is
constructed and the tanneries are shifted to the new complex an
"effluent charge" can be levied on the tanneries for reimbursing
the amount spent on the common effluent treatment plant in a
phased manner. This arrangement can bring down the initial cost
to be incurred by the tanneries.
We issue notice to the Government of West Bengal through
Dept!. of Industries, Ministry of Environment and Forests - Union
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Government, the Ganga Project Directorate and the State Pollu-
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M.C. MEIITAv. U.O.I. [KUIDIP SINGH, J.]
397
tion Control Board. These authorities shall give their reaction Ito A
our suggestion within a period of two weeks from today. Affidavits
shall be filed by all these authorities within ten days from today.
Registry to send copies of this order to all the above-mentioned
authorities within two days by speed post".
Pursuant to the order dated February 29, 1995, Ganga Project, B
Directorate and Ministry of Environment and Forests filed affidavit
wherein it was stated that "the amounts provided under the plan are for
specific items of works approved by the Central Ganga Authority. Under
the circumstances, It may not be feasible to divert earmarked funds for
other purposes". On February 24, 1995 this Court passed the following C
order:
"We are of the view that the Ministry of Environment and
Forest be requested to reconsider the matter and also the allocations it has made for various projects under the Ganga Action Plan ·
and include if possible the Tanneries Project in West Bengal in D
the Plan to be executed in the near future. The Ministry must find
out a way to found the Tanneries Project as suggested by this Court
in the order dated Feb., 20, 1995. We adjourn the matter for three
weeks to enable the Ministry and the Ganga Project Directorate
to reconsider the whole matter and file a fresh affidavit in this E
Court within the above period. Copy of this order may be sent to
the Ministry of Environment and Forest and to the Ganga Project
Directorate".
Pursuant to the above quoted order of this Court Bhag Singh, Deputy
Secretary, Ganga Project Directorate filed affidavit dated April 6, 1995. F
Para 6 of the affidavit stated as under :
"It is now submitted that in view of the above observations of the
Supreme Court, the Ganga Project Directorate in the Ministry of
Environment & Forests will prepare a scheme of Common Effluent
Treatment Plant in West Bengal and move for its inclusion in Phase G
II of Ganga Action Plan. It is further submitted that this scheme
like other schemes under Ganga Action Plan Phase II will have to
be funded by the Centre and the State Government on 50:50 basis.
The proposal for the.scheme will be called from the State Government of West Bengal and after due examination will be submitted H
398
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SUPREME COURTREPORTS[1996] SUPP.10 S.C.R.
for the approval of Expenditure Finance Committee, the Planning
Commission and the Cabinet Committee on Economic Affairs."
Agreeing with the Ganga Project Directorate that project would be
included in the Ganga Action Plan Phase II, this Court on April 7, 1995
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"We agree with the Ministry of Environment & Forests that the
project of setting up of Common Effluent Treatment Plant for
about 540 tanneries, to be re-located, be included under Ganga
Action Plan Phase II. Mr. Gooptu, learned Advocate General,
appearing for the State of West Bengal, very fairly states that it
would be possible for the State of West Bengal to meet 50% of
the cost of the Project. He further states that the State will arrange
the funds either from its own sources or from financial institutions
or other sources. Therefore, it is agreed by all that the Project of
setting up of Co=on Effluent Treatment Plant shall be undertaken under the Ganga Action Plan Phase II and its total cost of
Rs. 65 crores shall be met 50% by the Ganga Project Directorate
and the remaining 50% by the State Government in the manner
indicated by the learned Advocate General. We reiterate that after
the treatment plant is constructed and the tanneries are shifted to
the new complex, "Effluent Charge" shall be levied on the tanneries
for reimbursing the amount spent on the co=on Effluent Treatment Plants in a phased manner. Needless to say that the money
collected in that manner shall be divided half and half by the State
of West Bengal and the Ministry of Environment and Forests. We
direct the State of West Bengal through the Department of Cottage
and SJ11all Scale Industries to prepare and send the Project for
setting up of Common Effluent Treatment Plant for the tanneries
to the Ganga Project Directorate within one month from the
receipt of this order. The Ganga Project Directorate shall thereafter examine the project within two weeks and send the same for
approval of expenditure to the Finance Committee of the Planning
Commission and the Cabinet Committee on Economic Affairs. We
request the Finance Committee, Planning Commission and the
Cabinet Co=ittee on Economic Affairs to expedite the sanctioning of the project as and when it is received by these authorities.
M.C. MEHfAv. U.O.J. [KULDIPSINGH,J.)
399
Mr. Gooptu, leaned Advocate General slates that the total cost A
of the project has been estimated at Rs. 158 crores. He further
states that the price of the land as Rs. 860 per sq. metre was
determined on the basis of the estimated cost of the leather
Complex. Since Rs. 65 crores are now being spent by the Ganga
Project Directorate, and the State of West Bengal, the total price B
for the purposes of market value has to be reduced. After doing
this exercise, all present agree that the price comes to Rs. 600 per
sq. metre.
We direct the State of West Bengal to go ahead with the relocation of tanneries from the present sites to the new complex by C
offering the plots to the individu.al tanneries at Rs. 600 per sq.
metre. The State of West Bengal shall keep in mind the requirements of each of tanneries so far as the area is concerned, but in
no case the area lesser than the area already occupied by the
tanneries shall be offered to them. ·
The State of West Bengal shall issue public notices offering
land in the new complex to the tanneries at Rs. 600 per sq. metre.
We direct the West Bengal Pollution Control Board to issue
individual notices to all the tanneries informing them that the land
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is being offered by the State of West Bengal in the new complex. E
The Board shall further inform the tanneries that all necessary
amenities and facilities necessary for setting up of tanneries in the
new complex, shall be provided. The Board shall indicate in the
notices that the offer of the State Government for purchase of plots
in the new complex shall be accepted within two weeks of the
receipt of the notices. We make it clear that the tanneries who fail F
to avail the opportunity offered by the State of West Bengal to
shift to the new complex shall be liable to be closed without any
further notice. Mr. Gooptu, learned Advocate General states that
the plots shall be offered to those tanneries who will deposit 25%
of the total purchase price at the rate of Rs. 600 per sq. metre.
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State of West Bengal to file an affidavit by 21st April, 1995
giving the progress made pursuant to this order.
A copy of this order be sent to all the concerned authorities.
We make it clear right at this stage that the area vacated by the H
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SUPREME COURT REPORTS[1996] SUPP. 10 S.C.R.
tanneries shall be maintained as a green area in any .form at the
discretion of the State Government.
Pursuant to the above quoted order, the Board issued notices to all
the Calcutta tanneries. The Board also issued public notices in four
newspapers namely. The Statesman (English), The Telegraph (English),
B Aajkal (Benali) and Ganashakti (Bengali). The notices served on the
tanneries and published in the newspapers stated that all the Calcutta
tanneries should approach the State Government for allotment of plots in
the ne~ integrated leather complex by May 15, 1995 failing which such
tanneries shall be liable to be closed without any further reference. The
C affidavit dated May 3, 1995 filed by the Board further stated that "it is
admitted position that all the tanneries are still operating without any
pollution control devices and without any statutory permission from the
State Board, except few units which might have been closed for financial
or other reasons". This Court on April 21, 1995 passed the following order:
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Pursuant to this Court's order dated April 7, 1995, an affidavit
has been filed by Mr. Jyotirmoy Ghosh, Joint Secretary in the
Government of Cottage and Small scale Industries, Government
of West Bengal. Mr. N.N. Gooptu, learned Advocate General has
further explained the various contents of the affidavit to us. We
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are satisfied that the Government of West Bengal is complying
with the different directions issued by us in our order dated April
7, 1995.
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Mr. R.