ENVIRONMENTAL LAW

CAT- IV

CASE ANALYSIS- VELLORE CITIZENS WELFARE FORUM V. UNION OF INDIA

Submitted by: Submitted to:

Shubhendra Singh Deep Dr. Mita Poddar

Semester: - VII A Faculty of Environmental Law

Roll Number: - 413 NUSRL, Ranchi

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI
2017
 VELLORE CITIZENS WELFARE FORUM V. UNION OF INDIA

APPELLANT: Vellore Citizens Welfare Forums

RESPONDENT: Union of India rep. by its Secretary, Department of Environment and

Others

BENCH: Justice Kuldip Singh

Justice Faizan Uddin

Justice K. Venkataswami

COURT: Supreme Court

CITATION: AIR 1996 SC 2715: (1996) 5 SCC 647

DECIDED ON: Apr-07-2016

CASE NUMBER: Writ Petition (C) No. 914 Of 1991

FACTS

This case was recently decided by the Supreme Court of India in the year 2016 and
established the principle of Precautionary approach in environment protection.

The petitioner- Vellore Citizens Welfare Forum, filed a Public Interest Litigation u/a 32 of
Indian Constitution. Petition was filed against the large-scale pollution caused to River Palar
due to the discharge of untreated effluents by the tanneries and other industries in the State of
Tamil Nadu. The water of River Palar is the main source of drinking and bathing water for
the surrounding people.

Further, the Tamil Nadu Agricultural University Research Centre, Vellore found that nearly
35,000 hectares of agricultural land has become either totally or partially unfit for
cultivation.This is a leading case in which the Supreme Court critically analyzed the
relationship between environment and development.
 ISSUES

The question which arose for consideration before the Supreme Court was whether the
tanneries should be allowed to continue to operate at the cost of lives of lakhs of people.

PETITIONERS ARGUMENTS

It was submitted by petitioner the entire surface and sub-soil water of river Palar has been
polluted resulting in non-availability of 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.

An independent survey conducted by Peace Members, a non-governmental organisation,

covering 13 villages of Dindigal and Peddiar Chatram Anchayat Unions, reveals that 350
well out of total of 467 used for drinking and irrigation purposes have been polluted. Women
and children have to walk miles to get drinking water.

RESPONDENTS ARGUMENTS

Learned counsel for the tanneries raised an objection that the standard regarding total
dissolved solids (TDS) fixed by the Board was not justified. This Court by the order dated
April 9, 1996 directed the NEERI to examine this aspect and give its opinion. In its report
dated June 11, 1996 NEERI has justified the standards stipulated by the Board.

The Ministry of Environment and forests (MEF) has not categorically laid down standards for
inland surface water discharge for total dissolved solids (TDS), sulphates and chlorides. The
decision on these standards rests with the respective State Pollution Control Boards as per the
requirements based on local site conditions. The standards stipulated by the TNPCB are
justified on the afore referred considerations.

The prescribed standards of the TNPCB for inland surface water discharge can be met for
tannery waste waters cost-effectively through proper implant control measures in tanning
operation, and rationally designed and effectively operated wastewater treatment plants
(ETPs & CETPs).
 JUDGEMENT

Pursuant to this Courts Order dated April 9, 1996 we have heard learned counsel appearing
for the tanneries which have been closed in terms of the above order. It has been brought to
our notice that there are some tanneries which had set up individual pollution control devices,
but despite that they were closed. It has further been brought to our notice that some of the
tanneries are connected with CETPs and have also set up their individual pollution control
devices. Various other anomalies have been brought to our notice. Be that as it may, we have
now to adopt a uniform procedure to bring these tanneries on rails. We make it clear that no
tannery shall be permitted to re-open unless this Court is satisfies that the necessary
pollution control devices either individually or cumulatively have been set up by these
tanneries and for that purpose we have to depend on the advice tendered by Technical
Authorities like the Pollution Control Boards or NEERI. The Court directed the Central
Pollution Control Board and the Tamil Nadu Pollution Control Board to jointly inspect the
area on war-footing. The tanneries either directly or through learned counsel may approach
the Pollution Control Boards or indicate that their respective units have set up/constructed the
necessary pollution Control devices. We direct the Pollution Control Boards concerned to
immediately inspect the Units and file a report in this respect before May 6, 1996.

The Court further directed that all those Units which are not in a position to construct the
effluent treatment devices within this period may approach the Board as and when they
complete the devices. The North Arcot District and Chengai MGR District Association and
other Associations of the Tanners shall bear the expenses of the inspection teams organized
by the Boards.

The Supreme Court examining the report delivered its judgment making all efforts to
maintain a harmony between environment and development.
The Court admitted that these Tanneries in India are the major foreign exchange
earner and also provides employment to several thousands of people. But at the same
time, it destroys the environment and poses a health hazard to everyone.
The court delivering its judgment in favor of petitioners directed all the Tanneries to
deposit a sum of Rs. 10,000 as fine in the office of Collector as fine
The Court further directed the State of Tamil Nadu to award Mr. M. C. Mehta with a
sum of Rs. 50,000 as appreciation towards his efforts for protection of Environment.
 The Court in this case also emphasized on the constitution of Green Benches in India
dealing specifically with matters relating to environment protection and also for
speedy and expeditious disposal of environmental cases.

CRITICAL ANALYSIS

In my opinion it is obvious that the Environment Act contains useful provisions for
controlling pollution. I believe that 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 provisions of the Act is being done by this Court and the other
Courts in the country. It is high time that the Central Government realises its
responsibility and statutory duty to protect the degrading environment in the country.
If the conditions in the five districts of Tamil Nadu, where tanneries are operating, are
permitted to continue then in the near future all rivers/canals shall be polluted, underground
waters contaminated, agricultural lands turned barren and the residents of the area exposed to
serious diseases. It is, therefore, necessary for this Court to direct the Central Government to
take immediate action under the provisions of the Environment Act.

The Constitutional and statutory provisions protect a persons right to fresh air, clean water
and pollution free environment, but the source of the right is the inalienable common law
right of clean environment.

There are more than 900 tanneries operating in the five districts of Tamil Nadu. Some of
them may, by now, have installed the necessary pollution control measures, they have been
polluting the environment for over a decade and in some cases even for a longer period. This
Court has in various orders indicated that these tanneries are liable to pay pollution
fine. The polluters must compensate the affected persons and also pay the cost of restoring
the damaged ecology.