Analysis of Vellore Citizen Welfare Forum V/S Union of India, AIR 1996(5) SCC 647

VELLORE CITIZEN WELFARE FORUM v/s  UNION OF INDIA, AIR 1996(5) SCC 647 (Supreme Court)

Facts : A PIL under article 32 of the Indian Constitution has been filed by an NGO named Vellore Citizens Welfare Forum about the pollution caused due to enormous discharge of untreated sewage by tanneries and other industries in Tamilnadu. The untreated sewage is discharged into the agricultural lands, open lands, and waterways and finally into the Palar river which is the main source of water supply to the residents of that area.  It was stated that the entire surface and subsoil f the water surface have been polluted due to this untreated sewage discharge and resulting in the non-availability of water to the area’s residents. It was found in the survey conducted by the Tamilnadu Agricultural University Research Centre that more than 35,000 hectares of agricultural lands have become either partially or totally unfit for agriculture in tanneries belt due to the excessive use of chemicals and dyes which resulted in spoilage of quality of the soil and contaminated the groundwater. Around 350 wells out of 467 were polluted. It was further stated that out of 584 tanneries only 443 tanneries have applied for the consent of the board.

Issue : Whether the tanneries are permitted to keep working at expense of the health and lives of over 2 lakh individuals?

Arguments

• It was argued from the appellant side that the whole river, agricultural lands, wells, and soil quality were degraded and polluted due to the release of untreated sewage by tanneries. It was further submitted that there was a shortage of drinking water due to the polluted and contaminated water; around 35 liters of water is used for mixing 1 kg of leather and the harmful effluents generated by tanneries were very excessive. It was further argued that the Tamilnadu Pollution Control Board and the government of Tamilnadu have directed the tanneries to set up either an effluent treatment plant and also said that the government will provide subsidies for installation for the last 10 years but resulted in vain. The court has directed NEERI (National Environmental Engineering Research Institute) to examine the setting up of treatment plants and their progress. It was found in the report submitted by the NEERI that on examining 30 tannery sites, only 7 sites are under operation with treatment plants. MC Mehta has also assisted the learned counsel by submitting research reports about the tannery industries, their pollution emissions, their maintenance reports, and government notifications related to the action to be taken.
• The learned counsel of the respondent has raised an objection that the TDS (Total Dissolved Solids) fixed by the TN Board was not justified. The court ordered NEERI to examine the standards and the standards set by the board were proved as justified standards in the report submitted by them.

Judgment

• The court has directed the central government to constitute an authority under section 3(3) of the environment protection act, 1986, and prescribed some guidelines about the functioning of the authority:

i. conferred the necessary powers to deal with matters related to tanneries and other polluting industries in Tamilnadu State

ii. Authority has the power to issue directions u/s 5 of the environment act. It should implement the precautionary principle and polluter pays principle.

• It should compute compensation under two heads namely for payment to individuals and for reversing the ecology. A statement should be made showing the total amount of compensation to be paid, the names of polluters and affected families, and the total amount that has to deposit to the district magistrate/collector of the concerned area who will reimburse the amount to the affected.
• The court has imposed a pollution fine of Rs.10,000 each on all the tanneries situated in the  North Arcot Ambedkar, Dindigul Anna, Erode Periyar, Chennai M.G.R. and Trichi and ordered them to pay before October 31, 1996 and the amount should be paid to districts magistrate/ collector who has to collect it under the head of environment protection fund which will be utilized to reimburse the affected people and to restore the damaged environment.
• It has further directed to set up common treatment plants or individual pollution control devices and also has to obtain consent from the board for further operation.
• The court has ordered the superintendent of police and the collector/magistrate of those areas to immediately close the tanneries who have failed to obtain permission from the board either permanently or to relocate them.
• It further stated that the TDS standards set by the board were operative and all the industries and tanneries in Tamilnadu have to comply with them.
• The court has ordered the Madras High Court to constitute a special bench “Green Bench” to deal with this case and other environment-related matters.
• The court directed the state of Tamilnadu to pay Rs.50,000 to MC Mehta as legal fees and other expenses and also appreciated him for his active participation.

Comments

This is one of the landmark judgments in the protection of the environment. The apex court has applied the concept of sustainable development while passing the judgment in this case. It proved that even though industrial growth plays a crucial role in the economic development of the country, it is not entertained up to the cost of health and the lives of people.