Vellore Citizens Welfare Forum v Union of India

Case Analysis: 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

Decided On: Apr-07-2016

Facts of Vellore Citizens Welfare Forum v Union of India

The Vellore Citizens Welfare Forum, an NGO, filed a PIL under Article 32 of the Indian Constitution, highlighting the pollution caused by untreated sewage discharged by tanneries and industries in Tamil Nadu. This sewage, dumped into agricultural and open lands, ultimately flows into the Palar River, the main water source for the region.

The pollution has rendered the entire surface and subsoil water of the river unfit for use, leading to water scarcity for the population. A survey by the Tamil Nadu Agricultural University Research Centre found that over 35,000 hectares of agricultural land in the tanneries belt have become unsuitable for cultivation due to chemical and dye contamination, affecting soil quality and groundwater. Out of 467 wells surveyed, 350 were found contaminated.

Additionally, only 443 out of 584 tanneries had sought approval for their operations from the board, indicating non-compliance with regulations.

Issue Raised

Whether the tanneries should be permitted to keep on working at the expense of environment and health & lives of lakhs of individuals?

Arguments

Petitioner

The petitioner, represented by their learned counsel, argued in Vellore Citizens Welfare Forum v Union of India that the discharge of untreated effluents from tanneries has contaminated the surface and subsurface water of the Palar River, making it difficult for residents to access safe drinking water. They presented a survey report from Peace Members, a non-governmental group, which found pollution in 350 of 467 drinking and irrigation wells across 13 towns in the Dindigal and Peddiar Chatram Anchayat Unions. This pollution has led to acute water scarcity, requiring women and children to travel long distances to fetch safe drinking water.

Another survey report, conducted in Solur village by lawyers M.R. Ramanan and P.S. Subramaniam on behalf of the Legal Aid and Advice Board of Tamil Nadu, found 176 compounds in tannery effluents, indicating significant pollution levels. It was highlighted that the leather tanning process, which requires around 40 litres of water per kilogram of leather, results in a substantial volume of harmful effluents.

Additionally, a survey by the Tamil Nadu Agricultural University Research Centre in Vellore revealed that nearly 35,000 hectares of land in the tanneries belt have become unsuitable for agriculture due to pollution.

Despite urging from the Tamil Nadu Pollution Control Board and the government for tanneries to establish treatment plants for their effluents, most tanneries had not complied, even when offered subsidies by the Central Government for setting up common treatment facilities.

Respondent

The counsel representing in Vellore Citizens Welfare Forum v Union of India the tanneries argued that the Total Dissolved Solids (TDS) limits set by the Tamil Nadu Pollution Control Board (TNPCB) were unreasonable. However, on April 9, 1996, the Court sought the expertise of the National Environmental Engineering Research Institute (NEERI) to investigate this issue. NEERI’s assessment confirmed that the TNPCB’s requirements were indeed reasonable.

It was highlighted in Vellore Citizens Welfare Forum v Union of India  that the Ministry of Environment and Forests (MEF) had not yet established definitive guidelines for the release of Total Dissolved Solids (TDS), sulphates and chlorides into inland surface water. As a result, individual State Pollution Control Boards had the authority to establish these guidelines based on local site conditions.

The TNPCB’s criteria for releasing wastewater into inland surface water could be achieved by implementing appropriate control measures throughout the tanning process and ensuring the effective operation of properly designed wastewater treatment facilities, including Effluent Treatment Plants (ETPs) and Common Effluent Treatment Plants (CETPs).

Vellore Citizens Welfare Forum v Union of India Judgement

The Supreme Court’s judgment in the case of Vellore Citizens Forum v. Union of India and others, Writ Petition (C) No. 914 of 1991, was a landmark decision addressing the pollution caused by tanneries and other industries in Tamil Nadu. The court recognised the severity of the pollution and the urgent need for action to protect the environment and the health of the residents. Here is a summary of the key points of the judgment:

Establishment of an Authority: The central government in Vellore Citizens Welfare Forum v Union of India was directed to establish an authority under Section 3(3) of the Environment Protection Act, 1986. This authority would have the necessary powers to deal with issues concerning tanneries and other polluting industries in Tamil Nadu.

Guidelines for the Authority: The authority was instructed to apply the precautionary principle and the polluter pays principle. It was also tasked with dividing compensation into two categories: payments to individuals and reversing the ecosystem. A detailed statement showing the amount of compensation, the names of polluters and affected families and the total amount to be deposited with the district magistrate/collector for reimbursement to the affected parties was required.

Pollution Fines: The court in Vellore Citizens Welfare Forum v Union of India imposed a pollution fine of Rs. 10,000 each on all tanneries in specified areas and ordered them to pay before October 31, 1996. The amount was to be collected under the head of the environment protection fund and used for reimbursement to the affected people and restoration of the damaged environment.

Common Treatment Facilities: The establishment of common treatment facilities or individual pollution control devices was mandated, along with obtaining board approval for continuing operation.

Closure of Non-Compliant Tanneries: Tanneries that had failed to acquire approval from the board were directed to be immediately closed or moved by the superintendent of police and the collector/magistrate of specified areas.

Compliance with TDS Guidelines: The court affirmed that the Tamil Nadu Pollution Control Board’s Total Dissolved Solids (TDS) guidelines were in effect and must be followed by all companies and tanneries in Tamil Nadu.

Creation of a “Green Bench”: The Madras High Court was directed to form a special bench known as the “Green Bench” to handle environmental matters, including the implementation of the court’s orders in this case.

Legal Fees: The state of Tamil Nadu in Vellore Citizens Welfare Forum v Union of India was ordered to pay MC Mehta Rs. 50,000 in legal fees and other expenditures, recognizing his active engagement in the case.

Vellore Citizens Welfare Forum v Union of India Summary

Vellore Citizens Welfare Forum v. Union of India was a landmark case concerning pollution from tanneries and industries in Tamil Nadu. The petition highlighted the contamination of the Palar River and its impact on the region’s water supply.

The Supreme Court in Vellore Citizens Welfare Forum v Union of India directed the central government to establish an authority under the Environment Protection Act, applying the precautionary and polluter pays principles. It imposed fines on tanneries, mandated common treatment facilities and ordered the closure of non-compliant units.

The court also affirmed the Tamil Nadu Pollution Control Board’s guidelines and directed the formation of a “Green Bench” in the Madras High Court. The case set important precedents for environmental protection and enforcement in India.