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Saturday, February 22, 2025

SC Issues Landmark Directions In Vellore River Pollution Case

Posted in: Environmental laws
Sun, Feb 16, 25, 13:14, 6 Days ago
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SC in Vellore District Environment Monitoring Committee v. District Collector (2025 INSC 131) issues key directives to curb tannery pollution in Tamil Nadu’s Palar River, ensuring accountability, compensation, and sustainable development.

It is most refreshing, most reassuring and so also most rejuvenating to learn that the Supreme Court in a most learned, landmark, logical and latest judgment titled Vellore District Environment Monitoring Committee v. The District Collector, Vellore District & Others in Neutral Citation: 2025 INSC 131 in the exercise of its civil appellate jurisdiction authored by Hon’ble Mr Justice R Mahadevan for a Bench of Apex Court comprising of Hon’ble Mr Justice JB Pardiwala and himself has issued several landmark directions in a case pertaining to huge pollution due to tanneries that was damaging Palar river in Vellore district in Tamil Nadu on a large scale.

It must be mentioned here that the Apex Court was hearing a batch of Civil Appeals that had been preferred against the common order of the Madras High Court by which it had dismissed the Writ Petition of Vellore District Environment Monitoring Committee and disposed of the latter Writ Petition that had been filed by All India Skin and Hide Tanners and Merchants Association (AISHTMA). The top court was of the unequivocal view in underscoring that nature and its elements are worshipped as Gods since time immemorial and our forefathers knew the undying and invaluable importance of preserving the environment both for their own well being and so also for the benefit of future generations. No denying or disputing it!

At the very outset, this brief, brilliant, bold and balanced judgment sets the ball in motion by first and foremost putting forth in para 2 that:
Nature and its elements are worshipped as Gods since time immemorial. Our forefathers knew the importance of preserving the environment both for their own wellbeing and for the benefit of future generations. However, over time, human greed has led us to forget this wisdom, treating nature as expendable at our expense and that of future generations.
 

The degradation of the natural resources and pollutions of different kinds have a cascading effect on the environment, which now is a global issue and poses a threat to the very existence of our planet. Such degradation is the catalyst for the drastic climatic changes and challenges that we are facing now. The pollution and depletion of water resources, more particularly groundwater, is a foreseeable threat to all living beings. India produces 13 percent of the world’s leather and the leather market in India is valued at approximately Rs.40,000 crores1.

It is a key foreign exchange earning sector for India being the 2 nd largest global exporter and provides employment to lakhs. Tannery clusters are often located in areas with limited opportunities for livelihood. Not only does this industry contribute significantly to the national economy, but the States of Tamil Nadu, Uttar Pradesh, West Bengal and Punjab also have heavy economic dependencies on it. Despite its economic importance, a heavy price is being paid by the residents of areas surrounding tanneries and the workers employed therein, particularly, in terms of health impact, land degradation and an overall decreased quality of life.

For years, environmental degradation has been rampant and it is time that a final lid be put to such activities that degrade the environment in violation of law. While acknowledging the economic importance of the industry, this Court shall not be a mute spectator to the environmental consequences and the loss of life and health caused by the waste generated by tanneries. There is an urgent need to strike a balance between competing interests, evolving and implementing sustainable solutions. Development which threatens the existence will serve no purpose. The sustainable development is an imminent requirement. The policies of the States and the actions must thrive towards striking a balance between socio-economic development and preservation of the natural resources for the benefit of the future generations.

Most significantly, what constitutes the cornerstone of this notable judgment as encapsulated and also laid bare in para 115 which must be definitely implemented most promptly postulates that:
Therefore, we deem it fit to issue certain directions to the stake holders, which are as under:

 

  1. The State government is directed to pay the compensation amount to all the affected families/individuals, if not already paid, in terms of the awards dated 07.03.2001 and 24.08.2009 passed by the LoEA within six weeks from today.
  2. The State government is also directed to recover the compensation amount from the polluters, if not already recovered, by initiating proceedings under the Revenue Recovery Act or through any other means permissible by law.
  3. The State government in consultation with the Central Government, shall within a period of four weeks, constitute a committee, under the chairmanship of a retired High Court Judge and members, comprising of the Secretaries of both the State and Central Departments, environmental experts, representatives from the affected communities, and any other person as it deems fit, for the purpose of conducting an audit to identify, maintain and create a clean and healthy environment in Vellore District.
  4. The Committee shall carry out the following tasks and ensure its implementation until the damage caused to the ecology is reversed:
    1. The committee shall scrutinize applications received from affected individuals/families seeking compensation beyond 1998, assess their claims, award compensation, and disburse it from the fund maintained by the Government.
    2. Formulate a comprehensive scheme to reverse the ecological damage in the affected areas, incorporating advanced techniques and best practices.
    3. Issue appropriate directions to the State/Central Pollution Control Board and departments to prohibit industries and municipalities from discharging untreated effluents into the River Palar and other water bodies.
    4. Identify critical zones in the district as No Discharge Zones to safeguard the quality of water resources.
    5. Identify locations where new CETPs and IETPs are required and direct the establishment of such plants.
    6. Address deficiencies in existing CETPs, IETPs, and other pollution control mechanisms.
    7. Make recommendations to ensure continuous monitoring and compliance of standards.
    8. Ensure compliance with environmental monitoring guidelines and file a report within four months.
  5. Polluters shall be liable to compensate victims and the Committee shall periodically assess and pass appropriate orders.
  6. The State shall implement the committee's suggestions to rejuvenate the Palar River.
  7. The State shall ensure quarterly inspections of tanning industries and publish compliance reports.
  8. The State shall conduct an environmental audit of each river and publish results on public platforms.
  9. The State shall mandate the installation of IoT-based sensors for real-time water quality monitoring.
  10. AI systems shall be employed to analyze IoT sensor data for regulatory action.
  11. The Pollution Control Boards shall set emission standards for the tannery industry and consider effluent charges.
  12. Industries shall display effluent and discharge data on a public notice board every three days.
  13. The Central Government shall align ESG and CSR policies of industries towards environmental compliance.
  14. Platforms shall be established for citizens to report pollution incidents.
  15. Strict action, including closure, shall be taken against non-compliant industries.
  16. Licensing authorities may cancel permits for violations of environmental laws.
  17. Industries shall prioritize waste reuse and recycling.
  18. Real-time water quality data shall be published on an open-access platform.
  19. Adequate Sewage Treatment Plants (STPs) shall be constructed and operationalized.
  20. Workers shall be provided with protective gear, and strict compliance with labour laws shall be ensured.
  21. Industries shall conduct annual health checkups for workers to detect severe health risks.
  22. CLRI, MoEF, and other authorities shall promote eco-friendly technologies.
  23. The Bureau of Indian Standards shall explore the feasibility of an ethical sustainability mark/tag.
  24. The ban on illegal sand mining shall be strictly implemented with real-time monitoring.
  25. A state-level committee shall be formed to present an annual compliance report.
  26. A District Level Committee shall address environmental complaints within 30 days.
  27. The State shall promote ecosystem-based water management programs.
  28. The Central and State Governments shall allocate funds to maintain a clean and healthy environment.

With the aforesaid observations and directions:

  1. The order passed by the High Court in WP Nos.8335 of 2008 and 19017 of 2009 stands modified and the appeals filed by the Vellore District Environment Monitoring Committee stand disposed of.
  2. The order passed by the High Court in WP No. 22683 of 2009, thereby confirming the award dated 24.08.2009 passed by the LoEA, is upheld and the appeal filed by the AISHTMA is dismissed.

What’s more, the Bench then holds in para 117 that:
There is no order as to costs. Connected miscellaneous application(s), if any, shall stand disposed of.

Finally, the Bench then concludes by directing and holding in para 118 that, Post the matters after four months for reporting compliance.

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh

Legal Services India

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