# VELLORE CITIZENS WELFARE FORUM v. UNION OF INDIA AND ORS

- **Citation:** [1996] Supp. 5 S.C.R. 241
- **Court:** Supreme Court of India
- **Decided:** 1996-08-28
- **Bench:** Kuldip Singh, Faizan Uddin, K. Venkataswami
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/vellore-citizens-welfare-forum-v-union-of-india-and-ors-14514
- **Pages:** 32

## Headnote

B
Environmental Law :
Constitution of India, 1950 : Altic/es 21, 47, 48-A and 51-A(g). Environmental 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 Pollution-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 environment-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 untreated 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 Tanneries Belt, had become either parti:ally or totally unfit for cultivation. The
tanneries used about 170 types of chemicals in the chrome tanning processes. 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 contaminated ground water by percolation. An independent survey conduc

## Text

_Characters 0–39,514 of 73,631. This is a partial read: ask again with offset=39514 for what follows._

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). Environmental 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 Pollution-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 environment-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 untreated 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 Tanneries Belt, had become either parti:ally or totally unfit for cultivation. The
tanneries used about 170 types of chemicals in the chrome tanning processes. 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 contaminated 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 opposed 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 principle by this Court. The "Polluter Pays" principle as interpreted by this
Court means that the absolute liability for harm to the environment extends 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 environment. 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 adequate 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 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. [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 environmental 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, waterways 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 Research 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 contaminated 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. Subramanium 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 tanG
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 cultivation, 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 antagomise the highly influential and stupendously rich tanners. The
powers given under Section 63 of the Water Prevention and Control 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 Ambedkar 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 Pollution 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 circulation 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 orders 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 Superintendent 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 working. 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 :
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"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.
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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
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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 performance, they are still not operating at their optimal level and are
not meeting the standards as laid down by the Ministry of Environment 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 recommendations 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.
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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 directing them to set up the necessary pollution control devices. It is
mandatory for the tanneries to set up the pollution control devices. H
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SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R.
Despite notices it has not been done. This Court has been monitoring 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 Pollution 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 Superintendent 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 environment 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.
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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 satisfaction of the Board, failing which these distilleries shall be closed. H
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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 extenE 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
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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 popularly 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 namely, 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 generations to meet their won needs".