# Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

- **Citation:** 2025 INSC 131
- **Court:** Supreme Court of India
- **Decided:** 2025-01-30
- **Case number:** Civil Appeal No. 1243 of 2025
- **Bench:** J.B. Pardiwala, R. Mahadevan
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/vellore-district-environment-monitoring-committee-rep-by-its-secretary-mr-r-38131
- **Pages:** 105

## Headnote

Matter pertains to pollution caused by tanneries by discharging
untreated or partially treated effluents into the River Palar and
surrounding areas; and as regards the correctness of the order
passed by the High Court dismissing the writ petition against
the order of the Loss of Ecology (Prevention and Payment of
Compensation) Authority determining a total sum of Rs. 2,91,01,278
as payable to affected individuals/families by the polluters.
Headnotes†
Environment laws - Pollution by tanneries - Compensation -
Pollution caused to the Palar River in Vellore by tanning
industries - In Vellore Citizens Welfare Forum, this Court
awarded compensation to the victims of the environmental
damage in Vellore district and passed directions for restoration
of the ecology - PIL by the appellant alleging that no scheme
has been implemented for the reversal of the damage caused
to the ecology and environment and that no compensation has
been paid for the period from 31.12.1998 - During pendency,
directions were issued to the Loss of Ecology (Prevention
and Payment of Compensation) Authority-LoEA to assess
damage caused beyond 1998 and also decide the applications
of victims for compensation beyond 1998 - LoEA passed the
order and award determining a total sum of Rs. 2,91,01,278/-
as compensation payable to 1377 affected individuals by the
same 547 polluters as identified in the original award - Writ
petition thereagainst by the All India Skin and Hide Tanners
and Merchants Association-AISHTMA - High Court dismissed
the PIL and disposed of the writ by AISTHMA - Separate writ
petition by AISHTMA dismissed by the High Court holding
* Author
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that there was no infirmity or illegality in the report and award
passed by the LoEA - Interference:
Held: Award of the LoEA pursuant to Vellore Citizen Welfare Forum,
clearly mentioned that the liability of the industries continues until
the damage caused to the ecology and environment by pollution
is reversed - Industries have taken steps to achieve Zero Liquid
Discharge-ZLD and to reverse the damage caused to the ecology,
deposited certain sums - However, the same have not been
achieved till date and still remain a work in progress - As such
the industries will remain responsible for the further and continuing
pollution caused to the ecology - Polluting industries are liable to
reverse the damage to the environment and ecology as long as the
tanneries continue to pollute the environment - At the same time,
the Government has not implemented the scheme for reversal and
restoration of ecology till date, despite the LoEA having drafted the
same in 2001 itself - Details of the affected individuals/families
having not been ascertained, cannot be a reason to withhold
the compensation amount payable to the affected individuals/
families, until the damage caused to the ecology is reversed - By
applying the Government Pay Principle, the Government to pay
compensation to the affected individuals/families and recover the
same from the polluters, until the damage caused to the ecology is
fully reversed - Order passed by the High Court confirming award
passed by LoEA upheld - Directions issued to the stakeholders
to curb the pollution and the sand mining in Vellore. [Paras 110,
113, 115, 116]
Doctrine/Principle - Public Trust Doctrine - Meaning:
Held: Doctrine of Public Trust asserts that vital natural resources
such as rivers, seashores, forests, and air are held in trust by the
State for the benefit and enjoyment of the public - Doctrine places
a fiduciary duty on governments to protect them from privatization
or exploitation that compromises public interests - It imposes
restrictions that resources must remain accessible for public use,
cannot be sold for private gain, and must be preserved in their
natural state - Courts internationally, have extended its scope to
protect wetlands, riparian forests, and ecologically fragile lands -
This evolving interpretation reflects the

## Text

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[2025] 1 S.C.R. 1265 : 2025 INSC 131
Vellore District Environment Monitoring Committee Rep.
by its Secretary Mr. R. Rajebdran
v.
The District Collector, Vellore District & Others
(Civil Appeal No(s). 1280-1281 of 2025)
30 January 2025
[J.B. Pardiwala and R. Mahadevan,* JJ.]
Issue for Consideration
Matter pertains to pollution caused by tanneries by discharging
untreated or partially treated effluents into the River Palar and
surrounding areas; and as regards the correctness of the order
passed by the High Court dismissing the writ petition against
the order of the Loss of Ecology (Prevention and Payment of
Compensation) Authority determining a total sum of Rs. 2,91,01,278
as payable to affected individuals/families by the polluters.
Headnotes†
Environment laws - Pollution by tanneries - Compensation -
Pollution caused to the Palar River in Vellore by tanning
industries - In Vellore Citizens Welfare Forum, this Court
awarded compensation to the victims of the environmental
damage in Vellore district and passed directions for restoration
of the ecology - PIL by the appellant alleging that no scheme
has been implemented for the reversal of the damage caused
to the ecology and environment and that no compensation has
been paid for the period from 31.12.1998 - During pendency,
directions were issued to the Loss of Ecology (Prevention
and Payment of Compensation) Authority-LoEA to assess
damage caused beyond 1998 and also decide the applications
of victims for compensation beyond 1998 - LoEA passed the
order and award determining a total sum of Rs. 2,91,01,278/-
as compensation payable to 1377 affected individuals by the
same 547 polluters as identified in the original award - Writ
petition thereagainst by the All India Skin and Hide Tanners
and Merchants Association-AISHTMA - High Court dismissed
the PIL and disposed of the writ by AISTHMA - Separate writ
petition by AISHTMA dismissed by the High Court holding
* Author
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that there was no infirmity or illegality in the report and award
passed by the LoEA - Interference:
Held: Award of the LoEA pursuant to Vellore Citizen Welfare Forum,
clearly mentioned that the liability of the industries continues until
the damage caused to the ecology and environment by pollution
is reversed - Industries have taken steps to achieve Zero Liquid
Discharge-ZLD and to reverse the damage caused to the ecology,
deposited certain sums - However, the same have not been
achieved till date and still remain a work in progress - As such
the industries will remain responsible for the further and continuing
pollution caused to the ecology - Polluting industries are liable to
reverse the damage to the environment and ecology as long as the
tanneries continue to pollute the environment - At the same time,
the Government has not implemented the scheme for reversal and
restoration of ecology till date, despite the LoEA having drafted the
same in 2001 itself - Details of the affected individuals/families
having not been ascertained, cannot be a reason to withhold
the compensation amount payable to the affected individuals/
families, until the damage caused to the ecology is reversed - By
applying the Government Pay Principle, the Government to pay
compensation to the affected individuals/families and recover the
same from the polluters, until the damage caused to the ecology is
fully reversed - Order passed by the High Court confirming award
passed by LoEA upheld - Directions issued to the stakeholders
to curb the pollution and the sand mining in Vellore. [Paras 110,
113, 115, 116]
Doctrine/Principle - Public Trust Doctrine - Meaning:
Held: Doctrine of Public Trust asserts that vital natural resources
such as rivers, seashores, forests, and air are held in trust by the
State for the benefit and enjoyment of the public - Doctrine places
a fiduciary duty on governments to protect them from privatization
or exploitation that compromises public interests - It imposes
restrictions that resources must remain accessible for public use,
cannot be sold for private gain, and must be preserved in their
natural state - Courts internationally, have extended its scope to
protect wetlands, riparian forests, and ecologically fragile lands -
This evolving interpretation reflects the doctrine's relevance in
maintaining the balance between sustainable development and
environmental conservation. [Para 61]
[2025] 1 S.C.R.
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Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
Doctrine/Principle - Doctrine of Sustainable Development -
Meaning:
Doctrine of sustainable development was evolved to strike a
balance between economic advancement and environmental
safeguards - It envisions development that can be sustained
by nature/environment - While the advancement of industries
and infrastructure is indispensable for fostering employment and
generating revenue, such growth cannot come at the cost of
irreparable ecological damage. [Para 63]
Constitution of India - Art. 21 - Right to life - Right to Healthy
Environment - Explanation:
Held: Right to life inherently includes the right to enjoy, pollution
free environment, which are essential for the full enjoyment of life -
Concept of 'right to healthy environment' is recognised as part of
the 'right to life' u/Art. 21 and thereby has also recognised the 'right
to clean drinking water' as a fundamental right - Environmental
rights, which encompass a group of collective rights, are now
described as "third generation" rights - Thus, the State, so as to
sustain its claim of functioning for the welfare of its citizens, is
bound to regulate water supply by safeguarding, maintaining and
restoring the water bodies to protect the right to healthy water and
prevent health hazards. [Para 64]
Principle/Doctrine - Polluter pays principle - Extent of
liability - Deeming fiction and Precautionary Principle:
Held: "Polluters pay principle" is followed for fastening liability on the
polluter for the proportionate damage caused to the environment,
resulting in violation of right to clean and healthy environment as
guaranteed u/Art. 21 - When an activity is inherently hazardous
or dangerous, the individual or entity engaging in such activity
bears absolute liability for any harm caused, regardless of the care
exercised - Polluting industries, thus, are under an obligation to
fully compensate for the damage caused to affected communities -
Polluter Pays Principle extended beyond compensating victims
of pollution - It included the cost of reversing environmental
degradation - They are required to undertake all necessary remedial
measures to remove pollutants and restore the environment - Thus,
the industries are liable to not only compensate but also bear the
costs for restoring the river - Remedial action would not stop
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at restoration, but is a continuous process, to sustain the river,
pollution free and fresh cause of action would commence again if
the industries and the local bodies fail in their duty - When there
is a violation in compliance with the environmental laws, be it by
engaging in activities directly involved in causing pollution or failure
to take steps to curb the pollution and restore the environment
and acts in a manner detrimental to the environment, then the
deeming fiction of polluting the environment becomes applicable
and the polluter is not only liable to payment of compensation
but also to restore the environment - State must endeavour to
identify the industries and activities which impacts or can impact
the environment before permitting such activities as there is a
possibility that the damage could not only be irreversible but
also the effects of such damage could be far more threatening
the human race than the commercial benefits arising out of such
activity. [Paras 71, 73, 77]
Environmental laws - Pollution related damage - Determination
of Compensation - Government Pay Principle vis-a-vis
responsibility of the Government:
Held: Polluters bear the absolute liability for the harm they cause
to the environment - For quantifying the extent of damage, unlike
tangible property damage, the harm inflicted upon ecosystems not
easily measurable in monetary terms - Also, the impact on local
communities, particularly their livelihoods, is difficult to assess -
Loss of biodiversity, degradation of natural resources, and long-term
socio-economic consequences extend beyond the realm of
financial valuation - Thus, while the liability is clear, the process
of determining an equitable compensation amount is fraught with
challenges, as it must account for both the tangible and intangible
damage inflicted on the environment and the affected communities
- Normally, the government cannot be held liable for the action
of third parties - However, the State, which is entrusted with the
duty to protect not only its citizens but also the environment,
cannot absolve itself from its failure in implementing the laws and
allowing the activities that continue in violation of the laws - While
polluters bear absolute liability to compensate for environmental
damage, the Governments (both Union and State) share an equally
significant responsibility to prevent environmental degradation and
ensure the implementation of effective remedial action - Thus, it is
equally important to recognize the role of the Government and other
[2025] 1 S.C.R.
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Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
regulatory bodies as well to impose upon them, a responsibility
with penalizing consequences in ensuring strict compliance with the
orders and directions given by the Courts as well as the applicable
environmental laws and principles. [Paras 79, 82, 83]
Environmental law - Pollution - Techniques/methodologies/
approaches to reduce the pollution caused by the industries -
Extended producer responsibility, emission standardsCommand and control principle, regular impact assessment,
effluent charges/tax, and pollutant release and transfer register/
participatory citizens approach - Explained. [Para 84]
Environmental laws - Concept of ecocide - Definition:
Held: Ecocide is an 'unlawful or wanton acts committed with
knowledge that there is a substantial likelihood of severe and
either widespread or long-term damage to the environment' - Acts
such as the pollution of rivers with untreated sewage, illegal sand
mining, large-scale deforestation etc. fall under this definition -
Evironmental damage occurring in Vellore District could even be
categorized as ecocide. [Para 92]
Case Law Cited
Vellore Citizens Welfare Forum v. Union of India & Others [1996]
Supp. 5 SCR 241 : (1996) 5 SCC 647 : AIR 1996 SC 2715; M.C.
Mehta v. Kamal Nath [1996] Supp. 10 SCR 12 : (1997) 1 SCC
388; Vedanta Limited v. State of Tamil Nadu [2024] 2 SCR 1121 :
2024 SCC OnLine SC 230; Intellectuals Forum v. State of A.P.
[2006] 2 SCR 419 : (2006) 3 SCC 549; Tirupur Dyeing Factory
Owners Assn. v. Noyyal River Ayacutdars Protection Assn. [2009]
14 SCR 1051 : (2009) 9 SCC 737; M.C.Mehta v. Union of India
[2009] 9 SCR 998 : (2009) 6 SCC 142; Subash Kumar v. State of
Bihar [1991] 1 SCR 5 : (1991) 1 SCC 598 : 1991 SCC OnLine SC
42; State of Karnataka v. State of Andhra Pradesh [2000] 3 SCR
301 : (2000) 9 SCC 572; A.P. Pollution Control Board II v. Prof.
M.V. Naidu and Others [2000] Supp. 5 SCR 249 : (2001) 2 SCC
62 : 2000 SCC OnLine SC 1679; Indian Council for Enviro-Legal
Action v. Union of India [1996] Supp. 1 SCR 507 : (1996) 3 SCC
212; M.C. Mehta v. Kamal Nath [2000] Supp. 1 SCR 389 : (2000)
6 SCC 213 : 2000 SCC OnLine SC 963; M.C. Mehta v. Union of
India [1988] SCR 2 530; Indian Council for Enviro-Legal Action v.
Union of India [1996] 2 SCR 503 : (1996) 3 SCC 212; Bajri Lease
1270
[2025] 1 S.C.R.
Supreme Court Reports
LoI Holders Welfare Society v. State of Rajasthan (2022) 16 SCC
581; T.N. Godavarman Thirumulpad, In re v. Union of India [2022]
17 SCR 1122 : (2022) 10 SCC 544 : 2022 SCC OnLine SC 716;
Research Foundation for Science v. Union of India [2005] 1 SCR
115 : (2005) 13 SCC 186; Tata Housing Development Company
Ltd v. Aalok Jagga and Others [2019] 13 SCR 577 : (2019) 14
SCALE 641; Gujarat Pollution Control Board v. M/s. Nicosulf Indst.
& Exports Pvt Ltd [2008] 17 SCR 27 : (2009) 2 SCC 171; U.P.
Pollution Control Board v. M/s. Mohan Meakins Ltd. and Others
[2000] 2 SCR 566 : (2000) 3 SCC 745 - referred to.
The Perundurai Citizens v. The Tamil Nadu Pollution Control Board,
Rep. by its Member Secretary, Anna Salai Chennai, 2005 (1) CTC
721; People Health and Development Council, represented by its
Secretary, Erode-5 v. State of Tamil Nadu and Another 2005 SCC
OnLine Mad 110 - referred to.
Court on its own motion v. State of HP, 2014 SCC Online NGT 1;
Saloni Ailawadi v. Union of India, 2019 SCC OnLine NGT 69; Adil
Ansari v. M/S Gupta Exports and Ors., Original Application No.
220/2019 NGT; Paryavaran Suraksha Samiti & Another v. Union
of India & Ors., WP (CIVIL) No. 375/2012 Principal Bench,
NGT - referred to.
Costa Rica v. Nicaragua [2018] ICJ Rep 15; United States v.
BP Exploration & Prod., Inc. (In re Oil Spill by the Oil Rig
"Deepwater Horizon"), 21 F. Supp. 3d 657 (E.D. La. 2014);
Fundación Natura contra Petro Ecuador de la Provincia de
Buenos Aires, Expediente No. 221-98-RA (Corte Constitucional
de Ecuador, 1998); Fundación Natura contra Petro Ecuador,
Expediente No 1314 (Juzgado decimo primero de lo civil de
Pichincga, April 15, 1998) - referred to.
Books and Periodicals Cited
Mondal, N., Saxena, V. and Singh, V. (2005) Impact of Pollution
due to Tanneries on Groundwater Regime. Current; Science, 88,
1988-1994; Journal of Chemical and Pharmaceutical Sciences -
Tannery process and its environment impacts a case study : Vellore
District, Tamil Nadu ISSN::0974-2115; A review on Tannery Pollution
in Vellore District, Tamil Nadu reported in Research Journal of
Pharmaceutical, Biological and Chemical Sciences ISSN:0975-8585;
Environmental Impact of leather Industrial Pollution on Agricultural
[2025] 1 S.C.R.
1271
Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
Production in Vellore District Journal of Environmental Impact and
Management Policy - ISSN: 2799-113X; Sullivan, M. (1996). Chilean
environmental law. Comparative Environmental Law, 1. CHL-16
(Nicholas A. Robinson ed., 1996) - referred to.
List of Websites
https://www.newindianexpress.com/states/tamil-nadu/2018/Jun/16/
perundurai-becomes-capital-of-cancer-in-erodedistrict-1829072.
html
List of Acts
Revenue Recovery Act, 1890; Water (Prevention and Control of
Pollution) Act, 1974; Hazardous Wastes (Management, Handling
and Transboundary Movement) Rules, 2008; Hazardous and Other
Wastes (Management and Transboundary Movement) Rules, 2016;
Environment (Protection) Act, 1986; Environmental Conservation
Act, 1989; Environment (Protection) Rules, 1986.
List of Keywords
Vellore; Compensation; Polluter pays principle; Environment;
Right to life; Public Trust Doctrine, Ecocide; Precautionary
principle; Vellore Citizens Welfare Forum; Tannery; Leather
industries; Sustainable Development; Restoration of ecology;
Responsibility of Government; Government pays principle;
Effluent standard; Discharge of untreated or partially treated
effluents into the River Palar; Loss of Ecology (Prevention and
Payment of Compensation) Authority; Pollution by tanneries; Palar
River in Vellore; Environmental damage; Zero Liquid DischargeZLD; Reverse the damage caused to the ecology; Irreparable
ecological damage; Right to Healthy Environment; Third generation
rights; Deeming fiction and Precautionary Principle; Techniques/
methodologies/approaches to reduce the pollution caused by the
industries; Extended producer responsibility; Emission standardsCommand and control principle; Regular impact assessment;
Effluent charges/tax; Pollutant release and transfer register/
participatory citizens approach; Mediterranean Action Plan, 1976;
Directive 2010/75/EU of the European Parliament and the Council
on industrial emissions (integrated pollution prevention and control);
Aarhus Convention, 1998.
1272
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Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 1280-1281
of 2025
From the Judgment and Order dated 28.01.2010 of the High Court
of Judicature at Madras in WP Nos. 8335 of 2008 and WP No.
19017 of 2009
With
Civil Appeal No. 1243 of 2025
Appearances for Parties
Amit Gupta, Kshitij Vaibhav, Ms. Muskan Nagpal, Arun Singh (for M/S.
Mitter & Mitter Co.), Syed Ahmed Saud, Daanish Ahmed Syed, Mohd.
Parvez Dabas, Revanta Solanki, Uzmi Jameel Husain, Aqib Baig,
Mohd. Shahib (for M/s. Shakil Ahmad Syed), Advs. for the Appellant.
T. Mohan, Sr. Adv., Gautam Narayan, Ms. Asmita Singh, Tushar
Nair, Anirudh Anand, Punishk Handa, Pradeep Misra, Suraj Singh,
Syed Ahmed Saud, Daanish Ahmed Syed, Mohd. Parvez Dabas,
Revanta Solanki, Uzmi Jameel Husain, Aqib Baig, Mohd. Shahib
(for M/s. Shakil Ahmad Syed), Ghanshyam Joshi, Saurabh Mishra,
Shrimay Mishra, Rakesh Chander, Ms. Purnima Krishna, M.F. Philip,
Karamveer Singh Yadav, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
R. Mahadevan, J.
Leave granted. Heard all the parties and also perused the materials
placed before us, including status reports / affidavits / responses
filed by them. For the sake of clarity and better understanding, this
judgment has been divided into the following heads:
SL.
NO.
HEADS
PARAGRAPHS
I
PREFATORY NOTE
02
II
RELIEF SOUGHT
03 - 04
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Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
III
FACTUAL OVERVIEW
05 - 17
A
GENESIS OF THE LITIGATION
05 - 06
B
VELLORE CITIZENS WELFARE FORUM
CASE
07 - 08
C
AFTERMATH OF VELLORE CITIZENS
WELFARE FORUM JUDGMENT
09 - 17
IV
RECORD OF PROCEEDINGS AND
AFFIDAVITS / REPORTS FILED BY
THE AUTHORITIES
18
V
CONTENTIONS OF THE PARTIES
19 - 59
VI
ANALYSIS
60 - 91.1
A
BASIC PRINCIPLES
60 - 64
B
POLLUTION CAUSED BY TANNERIES
65 - 66
C
CURRENT STATUS OF POLLUTION
67 - 70
D
LIABILITY TO PAY COMPENSATION
71 - 73
E
DEEMING FICTION AND
PRECAUTIONARY PRINCIPLE
74 - 78
F
DETERMINATION OF COMPENSATION
79 - 81
G
GOVERNMENT PAY PRINCIPLE
VIS-À-VIS RESPONSIBILITY OF THE
GOVERNMENT
82 - 83
H
REDUCTION OF POLLUTION
84 - 87
I
PROVISIONS OF THE WATER ACT
88 - 90
VII
ECOCIDE
92
VIII
DISCUSSION AND FINDINGS
93 - 113
IX
CONCLUSION
114
X
RESULT AND DIRECTIVES
115 - 118
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I.
PREFATORY NOTE
2.
Nature and its elements are worshipped as Gods since time
immemorial. Our forefathers knew the importance of preserving
the environment both for their own well- being and for the benefit
of future generations. However, over time, human greed has led
us to forget this wisdom, treating nature as expendable at our
expense and that of future generations. The degradation of the
natural resources and pollutions of different kinds have a cascading
effect on the environment, which now is a global issue and poses a
threat to the very existence of our planet. Such degradation is the
catalyst for the drastic climatic changes and challenges that we are
facing now. The pollution and depletion of water resources, more
particularly groundwater, is a foreseeable threat to all living beings.
India produces 13 percent of the world's leather and the leather
market in India is valued at approximately Rs.40,000 crores1. It is a
key foreign exchange earning sector for India being the 2nd largest
global exporter and provides employment to lakhs. Tannery clusters
are often located in areas with limited opportunities for livelihood.
Not only does this industry contribute significantly to the national
economy, but the States of Tamil Nadu, Uttar Pradesh, West Bengal
and Punjab also have heavy economic dependencies on it. Despite
its economic importance, a heavy price is being paid by the residents
of areas surrounding tanneries and the workers employed therein,
particularly, in terms of health impact, land degradation and an overall
decreased quality of life. For years, environmental degradation has
been rampant and it is time that a final lid be put to such activities
that degrade the environment in violation of law. While acknowledging
the economic importance of the industry, this Court shall not be a
mute spectator to the environmental consequences and the loss of
life and health caused by the waste generated by tanneries. There
is an urgent need to strike a balance between competing interests,
evolving and implementing sustainable solutions. Development
which threatens the existence will serve no purpose. The sustainable
development is an imminent requirement. The policies of the States
and the actions must thrive towards striking a balance between socioeconomic development and preservation of the natural resources for
the benefit of the future generations.
1
CLRI Report
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Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
II.
RELIEF SOUGHT
3.
The challenge made in these appeals (arising out of SLP Nos.2363323634 of 2010) is to the common order dated 28.01.2010 passed
by the High Court of Judicature at Madras2, in WP Nos. 8335 of
2008 and 19017 of 2009, whereby, the High Court dismissed the
first writ petition filed by the appellant herein viz., Vellore District
Environment Monitoring Committee and disposed of the latter writ
petition filed by the appellant viz., All India Skin and Hide Tanners
and Merchants Association3. Besides, the AISHTMA has preferred
an appeal (arising from SLP(C)No.26608 of 2011) against the
order dated 08.02.2010 passed by the High Court in dismissing
W.P.No.22683 of 2009 filed by them.
4.
For ease of reference, the reliefs sought in the aforesaid writ petitions
are quoted below:
W.P.No.8335 of 2008:
To issue a Writ of Mandamus, directing the respondents to ensure
that the compensation payable to all affected individuals/families as
contained in the report and Award dated 07.03.2001 passed by the
Loss of Ecology (Prevention and Payment of Compensation) Authority4
for the State of Tamil Nadu is paid and all industries in default
being subject orders of closure and initiate proceedings under the
Revenue Recovery Act, 1890, for recovery of compensation and that
compensation be assessed for the further loss caused to individual/
families from 31.12.1998 till date and implementation of appropriate
scheme for reversal of damage to ecology and infrastructure be
effected within a reasonable time frame and to ensure that there
are no discharges from any tanneries in and around Ambur and
Vaniyambadi land/water body.
W.P.No.19017 of 2009:
To issue a Writ of Certiorari to call for the records relating to the order
passed by the respondent / LoEA, dated 05.05.2009 with regard
2
Hereinafter shortly referred to as "the High Court"
3
For short, "the AISHTMA"
4
For short, "the LoEA"
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to the assessment of damage to ecology in Vellore District beyond
1998 and quash the same.
W.P.No.22683 of 2009:
To issue a writ of certiorari to call for the records relating to the
award and report for Vellore District, dated 24.08.2009 passed by
the respondent / LoEA and quash the same.
III.
FACTUAL OVERVIEW
(A) GENESIS OF THE LITIGATION
5.
Vellore District is one of the oldest and largest Districts in Tamil
Nadu lying on the banks of River Palar. Palar River is the source
of drinking water for 30 towns and 50 villages along its banks. This
river which was celebrated in literature, poetry, music, is now sullied
by the operation of industries, especially, the tanning industry, which
has been discharging effluents and dumping solid waste directly
into the river and its channels, thereby making it unfit for drinking or
agricultural purposes. Tanning industries which are the main source
of income for the Vellore District, convert animal hides and skins
into leather. Around 45% of the total tanneries in India are located in
Tamil Nadu. More than 600 tanneries are situated in various clusters
of Vaniyambadi, Ambur, Ranipet, Pernambut in the Vellore District.
Though these industries have significant socio-economic impacts
through employment and earnings, they have gained a negative
image in society due to the pollution they generate.
6.
Leather processing involves a series of unit operations, including
pre-tanning, tanning, and post-tanning/finishing. At each stage,
various chemicals are used, and a variety of materials are expelled,
in addition to 35 - 40 litres of water used per kilogram of hide
processed. Moreover, excessive amounts of chemicals are used in
treatment drums, and it has been reported that 50% of the chemicals
used in these processes become wastewater or sludge. The tanning
process is almost wholly a wet process that consumes high amount
of water, estimated at 34 - 56 of water per ton of hides or skin
processed with 85% of the total water consumed being discharged
as wastewater. Processed water consumption and consequently
wastewater effluent discharge varies greatly between tanneries,
[2025] 1 S.C.R.
1277
Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
depending on the processes involved, raw materials, and products.
A survey5 reports that tannery wastewater is highly polluted in terms
of suspended solids, nitrogen, sulphate, sulphide, chloride, Biological
Oxygen Demand (BOD), Chemical Oxygen Demand (COD), and
chromium. The tanning industries have been operating with little or
no pollution control for more than a century. It was only after 1980
that the treatment of the tannery wastewater was carried out6.
(B) VELLORE CITIZENS WELFARE FORUM CASE
7.
Highlighting the pollution caused by untreated effluents discharged
by tanneries and other industries in the State of Tamil Nadu into
the River Palar, which is posing a great threat to the ecosystem
and resulting in the non-availability of potable water in the area,
a Non-Governmental Organization viz., Vellore Citizens Welfare
Forum filed a Public Interest Litigation in W.P.(C)No.914 of 1991
before this Court, praying to issue a Writ of Mandamus, directing
the respondents therein viz., Union of India and the State of Tamil
Nadu, to immediately pay adequate compensation to the victims of
pollution and to those who lost their lives, food crops, vegetation,
trees, agricultural land, wells and suffered severe hardship due to
irresponsible and negligent act of polluting tanneries and recover
the amount to be paid in compensation to the affected people from
the polluting tanneries. By judgment dated 28.08.19967, the said writ
petition was disposed of by this Court with the following directions:
"1. The Central Government shall constitute an authority
under S.3(3) of the Environment (Protection) Act, 1986 and
shall confer on the said authority all the powers 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 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
5
[Mondal, N., Saxena, V. and Singh, V. (2005) Impact of Pollution due to Tanneries on Groundwater
Regime. Current Science, 88, 1988-1994]
6
Journal of Chemical and Pharmaceutical Sciences - Tannery process and its environment impacts a
case study : Vellore District, Tamil Nadu ISSN::0974-2115
7
Vellore Citizens Welfare Forum v. Union of India & others, AIR 1996 SC 2715 : 1996 (5) SCC 647
1278
[2025] 1 S.C.R.
Supreme Court Reports
Government shall confer on the said authority the powers
to issue directions under 5.5 of the Environment Act and
for taking measures with respect to the matters referred
to in Cls. (v), (vi), (vii), (viii), (ix), (x) and (xii) of subsection
(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 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/
environment in the affected areas and shall also identify
the individuals/families who have suffered because of the
pollution and shall 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 procedure for
completing the exercise.
3. The authority shall compute the compensation under
two heads namely, for reversing the ecology and for
payment to individuals. A statement 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 Collector/District
Magistrates 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.
4. The authority shall direct the closure of the industry
owned/managed by a polluter in case he evades or refused
to pay the compensation awarded against him. This shall
be in addition to the recovery from him as arrears of land
revenue.
[2025] 1 S.C.R.
1279
Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
5. An industry may have set up the necessary pollution
control device at present but it shall be liable to pay for
the past pollution generated by the said industry which has
resulted in the environmental degradation and suffering
to the residents of the area.
6. We impose pollution fine of Rupees 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 the tanneries. The money shall be deposited,
along with the compensation amount recovered from the
polluters, under a separate head called "Environment
Protection Fund" and shall be utilised for compensating
the 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, in consultation with expert bodies like
NEERI, Central Board, Board shall frame scheme/schemes
for reversing the damage caused to the ecology and
environment by pollution in the State of Tamil Nadu. The
scheme/schemes so framed shall be executed by the
State Government under the supervision of the Central
Government. The expenditure shall be met from the
"Environment Protection Fund" and from other sources
provided by the State Government and the Central
Government.
8. We suspend the closure orders in respect of all the
tanneries in the five districts of North Arcot Ambedkar,
Erode Periyar, Dindigul Anna, 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
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[2025] 1 S.C.R.
Supreme Court Reports
tanneries. All the tanneries in the above five districts shall
obtain the consent of the Board to function 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 December 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 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.
10. The Government order No.213 dated March 30, 1989
shall be enforced forthwith. No new industry listed in
Annexure-1 to the Notification 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 relocation 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."
8.
In Paragraph 25 of the aforesaid judgment, this Court further observed
as follows:
"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/
[2025] 1 S.C.R.
1281
Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
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
Art.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."
(C) AFTERMATH OF VELLORE CITIZENS WELFARE FORUM
JUDGMENT
9.
On transfer, the case was re-numbered as W.P.No.13433 of 1996
and pursuant to the directions of this Court, the Loss of Ecology
(Prevention and Payment of Compensation) Authority8 was constituted
by the Government of India, vide its Notification in S.O.671 (E), dated
30.9.1996 with the Honourable Mr. Justice P. Bhaskaran, a retired
Judge of the High Court, as its Chairperson, inter alia directing to
assess the loss to the ecology/environment in the affected areas and
also to identify the individuals/families who had suffered because
of the pollution and determine the compensation payable to them.
10. By Award dated 07.03.2001, the LoEA identified 29,193 affected
individuals /families and determined the compensation at
Rs.26,82,02,328/- for the period from 12.08.1991 to 31.12.1998 in
respect of 15,164.96 hectares across 186 villages in 7 Taluks of
Vellore District. Further, it was made clear that the liability of the
polluting industries to compensate the affected individuals/families
would continue beyond 31.12.1998 until the damage caused to the
ecology and environment by pollution is reversed.
11. Subsequently, the aforesaid award, particularly with reference
to apportionment of compensation, was challenged by some of
the aggrieved parties in W.P.No.512 of 2002; and the validity of
the Notification dated 30.09.1996, appointing the LoEA was also
challenged by the AISHTMA by filing W.P.No.7015 of 2000. The High
8
For short, "the LoEA"
1282
[2025] 1 S.C.R.
Supreme Court Reports
Court disposed of the said writ petitions by order dated 22.03.2002,
the relevant portion of which reads as follows:
"This matter relates to the polluters-paying the liability.
Pursuant to the enquiries made by the authority, which
has been constituted consequent to the judgment rendered
by the Supreme Court in Vellore Citizens' Welfare Forum
Vs. Union of India (1996) 5 SCC 647, amounts have
been determined, and this writ petition has been filed
by the Association consisting of 334 tanners. Now, all
the learned Senior Counsel appearing for the petitioner
submit that they are not contesting the quantum fixed
by the authority, but because of the financial strain, the
entire amount cannot be deposited in lump sum. Facility to
pay in installments is, therefore, pleaded. The Number of
tanneries as stated above are 334, of which 151 tanneries
are smaller ones. Likewise, there are other two categories
also. Having regard to the plea made to facilitate the
payment in installments and having regard to the facts
and circumstances and also taking the welfare of the
affected parties into consideration, as the challenge now
ends, because of the acceptance of the persons manning
tanneries to pay the amount as determined by the authority,
the installments as fixed as follows:
Tanners (151 in number) who are ordered to pay up
to Rs.2 lakhs, have to pay the amount in a bi-monthly
installments of Rs.21,22,672/- each. For the category,
whose liability is between Rs.2 lakhs and Rs.20 lakhs (159
in number), the amount shall be payable in 12 bi-monthly
installments of Rs.88,35,675/- each. The third category
(24 in number), whose liability is over and above Rs.20
lakhs shall pay the amount in 18 bi-monthly installments
of Rs.96,37,863/- each. The above schedule is effective
from 1st April 2002 and the first of such payment shall be
made on or before l0th April 2002, and every bi-monthly
installment shall be made after two months thereof, for
instance, on or before 10th June 2002, and so on. It is
made clear that in default of payment of even one bimonthly installment, the Collector shall be entitled to realize
the balance amount in lump sum from the concerned
[2025] 1 S.C.R.
1283
Vellore District Environment Monitoring Committee Rep. by its Secretary
Mr. R. Rajebdran v. The District Collector, Vellore District & Others
defaulters. It is needless to mention that this arrangement
facilitating the payment in installments is in modification
of the earlier order passed on 22.1.2002.