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Issues Involved:
1. Pollution by Tanneries and Other Industries 2. Implementation of Pollution Control Measures 3. Legal Principles: Precautionary Principle and Polluter Pays Principle 4. Constitutional and Statutory Provisions 5. Enforcement of Government Orders and Standards 6. Compensation and Restoration of Damaged Environment 7. Monitoring and Future Directions Summary: 1. Pollution by Tanneries and Other Industries: This public interest petition u/s Article 32 of the Constitution of India was filed by Vellore Citizens Welfare Forum against pollution caused by the discharge of untreated effluent by tanneries and other industries in Tamil Nadu. The untreated effluent is discharged into agricultural fields, waterways, and open lands, ultimately polluting the river Palar, the main water source for the residents. The Tamil Nadu Agricultural University Research Center reported that nearly 35,000 hectares of agricultural land have become unfit for cultivation due to pollution. An independent survey revealed that 350 out of 467 wells used for drinking and irrigation purposes were polluted. 2. Implementation of Pollution Control Measures: The Tamil Nadu Pollution Control Board (the Board) stated that out of 584 tanneries, only 33 had set up Effluent Treatment Plants (ETPs). Despite various orders and subsidies for constructing common effluent treatment plants (CETPs), most tanneries failed to control pollution. The Supreme Court issued several orders, including the closure of non-compliant tanneries and directions to set up ETPs by specific deadlines. 3. Legal Principles: Precautionary Principle and Polluter Pays Principle: The Court emphasized the principles of "Sustainable Development," "Precautionary Principle," and "Polluter Pays Principle." The "Precautionary Principle" requires the State to anticipate and prevent environmental degradation, and the "Polluter Pays Principle" holds polluters absolutely liable for compensating victims and restoring environmental damage. 4. Constitutional and Statutory Provisions: The Court highlighted Articles 21, 47, 48A, and 51A(g) of the Constitution, which mandate the protection and improvement of the environment. Relevant legislations include the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, and the Environment Protection Act 1986. The Environment Act empowers the Central Government to take measures to protect and improve the environment. 5. Enforcement of Government Orders and Standards: The Court noted the Government Order GOMs No. 213 dated March 30, 1989, which imposes a total ban on setting up highly polluting industries within one kilometer of certain water sources. The Court directed strict enforcement of this order and upheld the standards for total dissolved solids (TDS) stipulated by the Board and justified by NEERI. 6. Compensation and Restoration of Damaged Environment: The Court directed the Central Government to constitute an authority under Section 3(3) of the Environment Protection Act to assess and recover compensation from polluters for environmental damage and to compensate affected individuals. The authority is to implement the "precautionary principle" and the "polluter pays" principle. 7. Monitoring and Future Directions: The Court suspended the closure orders for tanneries until November 30, 1996, to allow them to set up pollution control devices. The Court requested the Chief Justice of the Madras High Court to constitute a special "Green Bench" to monitor environmental matters. The Court also appreciated Mr. M.C. Mehta's assistance and directed the State of Tamil Nadu to pay Rs. 50,000 towards his legal fees and expenses.
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