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Issues Involved:
1. Environmental pollution and damage caused by chemical industries. 2. Liability of industries for environmental damage. 3. Compliance with environmental laws and regulations. 4. Remedial measures and compensation for affected villagers. 5. Establishment of environment courts. Summary: 1. Environmental Pollution and Damage: The writ petition highlighted the severe pollution caused by chemical industries in Bichhri village, Rajasthan. Industries like Hindustan Agro Chemicals Limited and Silver Chemicals produced highly toxic effluents, including `H' acid, which led to significant environmental degradation. The toxic sludge and untreated wastewaters resulted in contaminated water sources, unfit for human and animal consumption, and rendered agricultural land unproductive. 2. Liability of Industries for Environmental Damage: The Supreme Court held that industries engaged in hazardous activities are absolutely liable for any harm caused, regardless of negligence, as per the principle established in the Oleum Gas Leak Case. The Court emphasized the "Polluter Pays" principle, making the offending industries responsible for the cost of remedial measures. 3. Compliance with Environmental Laws and Regulations: The respondents violated several environmental laws, including the Water (Prevention and Control of Pollution) Act, 1974, and the Environment (Protection) Act, 1986. They operated without necessary clearances and failed to comply with closure orders. The Court found that the respondents' actions exhibited contempt for the law and lawful authorities. 4. Remedial Measures and Compensation for Affected Villagers: The Court directed the Central Government to determine the amount required for remedial measures, including the removal of sludge and restoration of the environment. The respondents were ordered to pay this amount. The Court also allowed affected villagers to file suits for damages in appropriate civil courts. 5. Establishment of Environment Courts: The Court suggested the establishment of environment courts to handle civil and criminal matters related to environmental issues. These courts should be manned by legally trained persons and adopt summary procedures to ensure timely and effective enforcement of environmental laws. Directions Issued: 1. The Central Government to determine and recover the cost of remedial measures from the respondents. 2. Closure of all plants and factories of the respondents located in Bichhri village. 3. Affected villagers allowed to file suits for damages in civil courts. 4. Central Government to consider stricter scrutiny and monitoring of chemical industries. 5. Quarterly progress reports to be filed by the Central Government and R.P.C.B. 6. Suggestion for the establishment of environment courts and strengthening of environmental protection machinery. 7. Respondents to pay Rs. 50,000 as costs to the petitioner organization.
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