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TMI Blog1996 (8) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... tries in the State of Tamil Nadu . It is stated that the tanneries are discharging untreated effluent into agricultural fields to, road-Sides, Water ways and open lands. The untreated effluent is finally discharged in river Palar which is the main source of water supply to the residents of the area. According to the petitioner the entire surface and sub-soil water of river Palar has been polluted resulting in non availability Potable water to the residents of the area. It is stated that the tanneries in the State of Tamil Nadu have caused environmental degradation in the area. According to the preliminary survey made by the Tamil Nadu Agricultural University Research Center Vellore nearly 35,000 hectares of agricultural land in the Tanneries Belt, has become either partially or totally unfit for cultivation. It has been further stated in the petition that the tanneries use about 170 types of chemicals in the chrome tanning processes. The said chemicals include sodium chloride, lime, sodium sulphate, chlorium sulphate, fat liquor Amonia and sulphuric acid besides dyes which are used in large quantities. Nearly 35 litres of water is used for processing one kilogram of finished leathe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... increasing human population the activities of the tanneries should be encouraged on monetary considerations. We find that the tanners have absolutely no regard for the healthy environment in and around their tanneries. The effluents discharged have been stored like a pond openly in the most of the places adjacent to cultivable lands with easy access for the animals and the people. The Ambur Municipality, which can exercise its powers as per the provisions of the Madras District Municipalities Act (1920) more particularly under Sections 226 to 231, 249 to 253 and 338 to 342 seems to be a silent spectator probably it does not want to antagomise the highly influential and stupendously rich tanners. The powers given under Section 63 of the Water Prevention and Control of Pollution Act 1974 (6 of 1974) have not been exercised in the case of tanneries in Ambur and the surrounding areas. Alongwith the affidavit dated July 21, 1992 filed by Deputy Secretary to Government, Environment and Forests Department of Tamil Nadu, a list of villages affected by the tanneries has been attached. The list mentions 59 villages in the three Divisions of Thirupathur, Vellore and Ranipath. There is acu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erned, we give them three months notice from today to complete the setting up of Effluent Treatment Plant (either individually or collectively) failing which they shall be liable to pollution fine on the basis of their past working and also liable to be closed. We direct the Tamil Nadu Pollution Control Board to issue individual notices to all these industries within two weeks from today. The Board is also directed to issue a general notice on three consecutive days in a local newspaper which has circulation in the District concerned. So far as the 57 tanneries listed in Statement III (including 12 industries who have filed writ petition, Nos. of which have been given above) are concerned, these units have not installed and commissioned the Effluent Treatment Plants despite various orders issued by this Court from time to time. Mr. R. Mohan, learned senior counsel appearing for Tamil Nadu Pollution Control Board states that the Board has issued separate notices to these units directing them to set up the Effluent Treatment Plants. Keeping in view the fact that this Court has been monitoring the matter for the last about four years and various orders have been issued by this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so be liable to pollution fine for the past. period during which they had been operating. We also take this opportunity to direct TALCO to take full interest in these projects and have the projects completed within the time granted by us. Mr. Kapil Sibal, learned counsel appearing for the tanneries, stated that Council, for Indian Finished Leather Manufacturers Export Association is a body which is collecting 5% on all exports. This body also helps the tanneries in various respect. We issue notice to the Association to be present in this Court and assist this Court in all the matters pertaining to the leather tanneries in Madras. Mr. Sampath takes notice . So far as List No. II is concerned, it relates to about 163 tanneries (except M/s. Vibgyor Tanners Co., Kailasagiri Roads, Mittalam-635 811 Ambur (via), The Pollution Control Board has inspected all these tanneries and placed its report before us. According to the report mosts of these tanneries have not even started primary work at spot. Some of them have not even located the land. The tanneries Should have themselves set, up the pollution control devices right at time when they started working. They have not done so. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rompet Area, Dist. Chengai) MGR. 5. M/s. Ranipet SIDCO Finished Leather Effluent Treatment Co. Pvt. Ltd., Ranipet, Dist. North Arcot Ambedkar. 6. M/s. TALCO Vaniyambadi Tanners Enviro Control Systems Ltd. Udayendiram, Vaniyambadi, Dist. North Arcot Ambedkar. 7. M/s. TALCO Pernambut Tannery Effluent Treatment Co. Ltd., Bakkalapalli, Pernambut, Dist. North Arcot Ambedkar. The CETPs mentioned at Sl. Nos. 5, 6 7 were commissioned in January, 1996 and were on the date of report passing through stabilization period. The report indicates that so far as the above CETPs are concerned, although there is improvement in the performance they are still not operating at their optimal level and are not meeting the standards as laid down by the Ministry of Environment and Forests and the Tamil Nadu Pollution Control Board for inland surface water discharge. The NEERI has given various recommendations to be followed by the above mentioned units. We direct the units to comply with the recommendations of NEERI within two months from today. The Tamil Nadu Pollution Control Board shall monitor the directions and have the recommendations of the NEERI complied with. So far as the three units ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siting these tanneries, they may examine the TDS aspect also and advise this Court accordingly. Meanwhile, we do not propose to close any of the tannery on the ground that it is discharging more than 2001 TDS. The report indicates that except the 17 units, all Other units are non-complaint units in the sense that they are not complying with the BOD standards. Excepting these 17 industries the remaining 34 tanneries listed hereunder are directed to be closed forthwith. ..... We direct the District Magistrate and the Superintendent of the Police of the area concerned to have all these industries mentioned above closed forthwith The tanneries in the 5 districts of Tamil Nadu referred to in this order have been operating for a longtime. Some of the tanneries are operating for a period of- more than two decades. All this period these tanneries have been, polluting the area. Needless to say that the total environment in the area has been polluted the area. Needless issue show cause notice to these industries through their learned counsel who are present in Court why they be not subjected to heavy pollution fine. We direct the state of Tamil Nadu through the Industry Ministry, the Tamil N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese industries. The NEERI reports indicate that even the seven operational CETPs are not functioning to its satisfaction. NEERI has made several recommendations to be followed by the operational CETPs. Out of the 30 CETP- sites which have been identified for tannery clusters in the five districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Thrichi and Chengai MGR. are under operation 10 are under construction and 13 are proposed. There are large number of tanneries which are not likely to be connected with any CETP and are required to set up pollution control devices on their own. Despite repeated extensions granted by this Court during the last five years and prior to that by the Board the tanneries in the State of Tamil Nadu have miserably failed to control the pollution generated by them. It is no doubt correct that the leather industry in India has become a major foreign exchange earner and at present Tamil Nadu is the leading exporter of finished leather accounting for approximately 80% of the country's export. Though the leather industry is of vital importance to the country as it generates foreign exchange and provides employment avenues it has no right to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eature have yet to be finalised by the International Law Jurists. Some of the salient principles of Sustainable Development , as culled-out from Brundtland Report and other international documents, are Inter-Generational Equity, Use and Conservation of Nature Resources, Environmental Protection, the Precautionary Principle, Polluter Pays principle, Obligation to assist and cooperate, Eradication of Poverty and Financial Assistance to the developing countries. We are, however, of the vies that The Precautionary Principle and The Polluter Pays principle are essential features of Sustainable Development . The Precautionary Principle - in the context of the municipal law - means. (i) Environment measures - by the State Government and the statutory Authorities must anticipate, prevent' and attack the causes of environmental degradation. (ii) Where there are threats of serious and irreversible damage lack of scientific certainly should not be used as the reason for postponing, measures to prevent environmental depredation. (iii)The Onus of proof is on the actor or the developer/industrial to show that his action is environmentally benign. The Polluter Pays ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .(g) To protect and improve the natural environment including forests, takes, rivers and wild life, and to have compassion for living creatures. Apart from the constitutional mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are: The Water (Prevention and Control of Pollution Act 1974 (the Water Act), The Air (Prevention and Control of Pollution) Act, 1981 (the Air Act) and the Environment Protection Act 1986 (the Environment Act). The Water Act provides for the constitution of the Central Pollution Control Board by the Central Government and the constitution of one State Pollution Control boards by various State Governments in the country. The Boards function under the control of the Governments concerned. The Water Act prohibits the use or streams and wells for disposal of polluting matters. Also provides for restrictions on outlets and discharge of effluents without obtaining consent from the Board. Prosecution and penalties have been provided which include sentence of imprisonment. The Air Act provides that the Central Pollution Control Board and the State Pollution C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of bells in one's immediate neighbourhood may be a nuisance ....... With regard to other corporeal heriditaments; it is a nuisance to stop or divert water that used to run to another's meadow or mill; to corrupt or poison a water-course, by erecting a due house or a lime-pit, for the use of trade, in the upper part of the stream; 'to pollute a pond. from which another is entitled to water his cattle: to obstruct a drain; or in short to do any act in common property, that in its consequences must necessarily tend to the prejudice of one's neighbour. So closely does the law of England enforce that excellant rule of gospel-morality, of doing to others. as we would they should do unto ourselves . Our legal system having been founded on the British Common law the right of a person to pollution free environment is a part of the basic jurisprudence of the land. The Statement of Objects and Reasons to the Environment Act, inter alia, states as under : The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in foo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ironment and preventing controlling and abating environmental pollution. (2) In particular, and without prejudice to the Generality of the provisions of section (1), such measures may include measures with respect to all or any of the following matters, namely :- (i) co-ordination of actions by the State Governments, officers and other authorities - (a) under tis Act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for the emission or discharge of environmental pollutants from various sources whatsoever : Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources : (v) restriction of areas in which any industries, operation or processes or class of industries, operations or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 of any other authority or officer . 5. Power to give directions. - Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue direction in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. Explanation. - for the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct --- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r operation proposed to be prohibited or restricted. (viii) Proximity to a protected area under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area notified, as such under the Wild Life (Protection) Act, 19/2, or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made in any international conference, association or other body. (ix) Proximity to human settlements (x) Any other factors as may be considered by the Central Government to be relevant to the protection of the environment in an area . It is thus obvious that the Environment Act contains useful provisions for controlling pollution. The main purpose of the Act is to create an authority or authorities under Section 3(3) of the Act with adequate powers to control pollution and protect the environment. It is a pity that till date no authority has been constituted by the Central Government. The work which is required to be done by an authority in terms of Section 3(3) read with other provision of the Act is being done by this Court and the other Courts in the country. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ources mentioned in Annexure-II to this order. 3. The Government direct that under any circumstance if any highly polluting industry is proposed to be set up within one kilometer from the embankments of water sources other than those mentioned in Annexure-II to this order, the Tamil Nadu Pollution Control Board should examine the case and obtain the approval of the Government for it . Annexure-I to the Notification includes Distilleries, tanneries, fertilizer, steel plants and foundries as the highly polluting industries. We have our doubts whether the above quoted government order is being enforced by the Tamil Nadu Government. The order has been issued to control pollution and protect the environment. We are of the view that the order should be strictly enforced and no industry listed in Annexure-l to the order should be permitted to be set up in the prohibited area. Learned counsel for the tanneries raised an objection that the standard regarding total dissolved solids (TDS) fixed by the Board was no. justified. This Court by the order date April 9, 1996 directed the NEERI to examine this aspect and give its opinion. In its report dated June 11, 1996 NEERI has justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Board to specify more stringent standards from those provided under the Rules. The NEERI having justified the standards stipulated by the Board, We direct that these standards are to be maintained by the tanneries and other industries in the State of Tamil Nadu. Keeping in view the scenario discussed by us in this judgment, we order and direct as Under:- 1. The Central Government shall constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to deal with the situation created by the tanneries and other polluting industries in the State of Tamil Nadu. The Authority shall be headed by a retired judge of the High Court and it may have other members- preferably with expertise in the field of pollution control and environment protection- to be appointed by the Central Government. The Central Government shall confer on the said authority the powers to issue directions under Section 5 of the Environment Act and for taking measures with respect to the matters referred to in Clause (v), (vi) (vii) (viii) (ix) (x) and (xii) of Sub-Section (2) of Section 3. The Central Government shall consit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red from the polluters, under a separate head called Environment protection Fund and shall be utilised for compensating the affected persons as identified by the authorities and also for restoring the damaged environment. The pollution fine is liable to the recovered as arrears of land revenue. The tanneries which fail to deposit the amount by October 31, 1996 shall be closed forthwith and shall also be liable under the Contempt of Courts Act. 7. The authority, in consultation with expert bodies like NEERI, Central Board, Board shall frame scheme/schemes for reversing the damage caused to the ecology and environment by pollution in the State of Tamil Nadu. The scheme/schemes so framed shall be executed by the State Government under the supervision of the Central Government. The expenditure shall be met from the Environment protection fund and from other sources provided by the state Government and the Central Government. 8. We suspend the closure orders in respect of all the tanneries in the five districts of North Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai M.G.R. We direct all the tanneries in the above five districts to set up CETPs or Individual P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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