'Tanneries Caused Irreversible Damage' : Supreme Court Passes Directions On Pollution In TN's Vellore, Asks Polluters To Compensate

The Supreme Court on Thursday (January 30) issued a set of directions to mitigate the pollution caused by the enormous discharge of untreated effluents by tanneries into the Palar River in Vellore District(Tamil Nadu).Notable among them are the directions to pay compensation to the affected families, to recover the compensation from the polluting industries as per the "polluter pays" principle and to constitute an expert panel to assess and audit the ecological damage and suggest remedial measures.A bench comprising Justice JB Pardiwala and Justice R Mahadevan, which passed the judgment, stated that the directions are in the nature of a "continuing mandamus" and that the matter will be periodically listed to review compliance. A compliance report has been sought within four months.Justice Pardiwala orally remarked that the judgment was "pathbreaking" and added: "Breach of any of these conditions, we will send them to Tihar. Not even any jail in Tamil Nadu. We will keep monitoring till we both are here."Reading the operative part of the judgment, Justice Mahadevan said: "The tanneries by discharging untreated or partially treated effluents into the river Palar and surrounding areas have resulted in irreversible damage to the waterbodies, groundwater and agricultural lands. This environmental degradation has impoverished local farmers and has caused human suffering to the local residents and the tannery workers thereby endangering public health and life. It is also abundantly clear that the discharges were neither authorised nor were as per the standards set by the Control Boards. Though the reports indicate that they have established a central effluent treatment plant and the industries have still not achieved zero levels...furthermore, the industries have not complied with the statutory guidelines framed by the Government as per the Appellant Vellore District Monitoring Committee. Considering all these factors, we deem it appropriate to issue certain directions."The directions1. The State Government is directed to pay compensation to all the affected families and individuals, if not already paid, in terms of the award dated March 7, 2001 and August 24, 2009, six weeks from today.2. The State Government is directed to recover the compensation amount from the polluters, if not recovered. 3. The State Government in consultation with the Central Government shall within a period of four weeks shall constitute a committee under the chairmanship of a retired High Court judge and members comprising Secretaries of State and Central Departments, environmental experts, representatives of the affected communities and any other person deem if for the purpose of conducting an audit to maintain and create a clean and healthy environment in Vellore. 4. The Committee shall carry out the following tasks and ensure its implementation until the damage caused is reversed.5. Pollution is a continuing work until the condition is reversed. Polluters shall be liable to compensate the victims and liable for the damages and the committee constituted is directed to periodically assess and pass appropriate orders. 6. The State shall implement the suggestions of the Committee to cooperate and implement a comprehensive plan for the Palar river which includes removing pollutants and ensuring adequate water follow and direct the concerned authorities and bodies to accomplish the same within a time frame.7. Water inspection of tannery industries in the district to assess compliance with environmental regulations and publish a report disclosing all material particulars. The inspection team shall verify whether the industries are established within permissible distance from the prohibited zones.8. The State Pollution Control Board, Central Pollution Control Board shall in coordination with the State Government set emission standards for the tannieries industry in consonance with the international environmental standards and take into consideration the recommendation of the national and international regulatory bodies. 9. Additionally, assess the possibility of imposing effluent charges which would be levied per unit of base/discharge release as a penal measure to ensure compliance. 10. State Pollution Control Board shall establish platforms through which citizens can report pollution incidents and monitor the compliance. 11. The licensing authority is permitted to cancel license not only for wrong or misrepresentation made to secure such license but also for violation of terms and conditions of such license and other applicable law. The Supreme Court directed compensation to be paid to the families and individuals in terms of the award passed by the Loss of Ecology (Prevention and Payment of Compensation) Authority, Tamil Nadu, dated March 7, 2001.The award was passed as a consequence of the 1996 landmark judgment of the Supreme Court in Vellore Citizens Welfare Forum v. UOI & Ors., in which compensation was sought for the victims of water...

'Tanneries Caused Irreversible Damage' : Supreme Court Passes Directions On Pollution In TN's Vellore, Asks Polluters To Compensate

Gursimran Kaur Bakshi

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