2009 (10) TMI 964 - SC - Indian Laws

Summary

Issues Involved:
1. Environmental pollution of the Noyyal River.
2. Compliance with pollution control measures by dyeing and bleaching units.
3. Imposition of fines and compensatory expenses.
4. Implementation of Zero Liquid Discharge (ZLD) and Reverse Osmosis (RO) systems.
5. Responsibility for cleaning Orathapalayam Dam and Noyyal River.
6. Compensation to affected individuals and families.
7. Role and actions of Tamil Nadu Pollution Control Board.
8. Judicial oversight and directions.

Detailed Analysis:

1. Environmental Pollution of the Noyyal River:
The case arose from a Public Interest Litigation filed by the Noyyal River Ayacutdars Protection Association seeking directions for the preservation of ecology and to keep the Noyyal River free from pollution. The association claimed that numerous industries in the Tirupur area were discharging industrial effluents into the river, making the water unfit for irrigation and potable use.

2. Compliance with Pollution Control Measures by Dyeing and Bleaching Units:
The High Court had previously issued directions to the Tamil Nadu Pollution Control Board to enforce pollution control measures and environmental laws. The dyeing and bleaching units were directed to contribute to the expenses of cleaning the Orathapalayam Dam. However, the units sought extensions and failed to fully comply with the orders, leading to further judicial intervention.

3. Imposition of Fines and Compensatory Expenses:
The High Court imposed fines on the dyeing units on a pro-rata basis for discharging effluents, calculated at rates of six, eight, and ten paise per liter over specified periods. This was contested by the appellants, who argued that the fines were not based on scientific data. However, the fines were based on the Expert Committee's report and the principle of "polluter-pays."

4. Implementation of Zero Liquid Discharge (ZLD) and Reverse Osmosis (RO) Systems:
The High Court directed the dyeing units to achieve ZLD of trade effluents by installing RO systems. The units were required to deposit a percentage of the project cost for these installations. The Monitoring Committee reported that while some progress had been made, full compliance had not been achieved.

5. Responsibility for Cleaning Orathapalayam Dam and Noyyal River:
The High Court directed the respondents to deposit significant sums towards cleaning and desilting operations of the Orathapalayam Dam and the Noyyal River. The Public Works Department was tasked with continuing these operations, and the Pollution Control Board was to provide infrastructure and technical expertise for waste removal.

6. Compensation to Affected Individuals and Families:
The Expert Committee identified 28,596 individuals affected by the pollution and assessed compensation totaling Rs. 24,79,98,548 for the period from 28.8.1996 to 31.12.2004. The High Court directed the respondents to deposit the remaining compensation amount and an ad-hoc compensation for subsequent years.

7. Role and Actions of Tamil Nadu Pollution Control Board:
The Pollution Control Board inspected the CETPs and reported improvements but noted that full compliance had not been achieved. The Board was directed to ensure that no further pollution occurred and to provide periodic reports to the court.

8. Judicial Oversight and Directions:
The Supreme Court stayed the High Court's order to close the industries but directed the appellants to deposit Rs. 25 crores and ensure compliance with pollution control measures. The court emphasized the principles of "polluter-pays" and "precautionary principle," mandating that the industries bear the cost of reversing the ecological damage and compensating affected individuals.

Conclusion:
The appeals were disposed of with the direction that the dyeing and bleaching units ensure full compliance with the High Court's orders within three months, including making CETPs functional, paying the balance amount for cleaning operations, and compensating affected individuals. The Pollution Control Board was tasked with ensuring strict adherence to statutory provisions to prevent further pollution.