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Issues Involved:
1. Pollution caused by tanneries in Calcutta. 2. Relocation of tanneries. 3. Compliance with environmental regulations. 4. Compensation for environmental damage. 5. Rights and benefits of workers. Detailed Analysis: 1. Pollution Caused by Tanneries in Calcutta: The petition under Article 32 of the Constitution of India was initially directed against the tanneries located in Kanpur. The scope of the petition was later enlarged to include industries on the banks of the river Ganga, specifically targeting the tanneries in Tangra, Tiljola, Topsia, and Pagla Danga in Calcutta. According to the NEERI report, these tanneries were operating in extremely unhygienic conditions, discharging highly toxic effluents into open drains, causing serious environmental, health, and hygiene problems. The court observed that the effluent discharge from a tannery is ten times more noxious compared to domestic sewage water. 2. Relocation of Tanneries: The State Government of West Bengal informed the court on February 19, 1993, that the Calcutta tanneries were to be shifted to a new location equipped with pollution control devices. The court directed the government to take appropriate steps within three months. Despite multiple extensions and orders, including the identification of 507.27 acres of land for the new complex, the relocation process faced delays. The court reiterated its directions and emphasized the need for a phased development of the new complex, prioritizing the tanneries. 3. Compliance with Environmental Regulations: The Calcutta tanneries were found to be operating without pollution control devices and statutory permissions from the State Board. The court highlighted the violations of the Water (Prevention and Control of Pollution) Act, 1974, and the Environment (Protection) Act, 1986. The court directed the Board to take necessary action against the defaulting tanneries and emphasized the "Precautionary Principle" and "Polluter Pays Principle" as essential features of sustainable development. 4. Compensation for Environmental Damage: The court directed the State Government to appoint an authority to assess the loss to the ecology/environment and determine the compensation to be recovered from the polluting tanneries. The compensation amount was to be deposited with the Collector/District Magistrate and utilized for restoring the damaged environment. The court imposed a pollution fine of Rs. 10,000 on each tannery, to be paid before February 28, 1997, and directed the recovery of fines from the tanneries. 5. Rights and Benefits of Workers: The court provided comprehensive directions to ensure the rights and benefits of workers employed in the Calcutta tanneries. These included continuity of employment at the new location, full wages during the relocation period, a "shifting bonus" of one year's wages, and additional compensation for retrenched workers. The court emphasized that the terms and conditions of employment should not be altered to the detriment of the workers. Conclusion: The court ordered the relocation of Calcutta tanneries to the new leather complex and set a deadline for depositing 25% of the land price by February 28, 1997. Tanneries failing to comply would be closed by April 15, 1997. The court directed the State Government to render all assistance in the relocation process and set up a unified single agency for addressing the issues. The court transferred the monitoring of the matter to the Calcutta High Court and quantified the costs at Rs. 25,000.
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