A bench of Justices J B Pardiwala and R Mahadevan said that tanneries are among the most polluting industries and the damage caused by them by discharging untreated or partially treated effluents into the River Palar and surrounding areas in Vellore has resulted in irreversible damage to the water bodies, groundwater, and agricultural lands.

 

The court directed the Tamil Nadu government to pay compensation to the affected families and individuals and recover the amount from the polluters.in accordance with the awards dated March 7, 2001, and August 24, 2009.

 

"We have no hesitation to hold that by applying the Government Pay Principle, it is for the Government to pay compensation to the affected individuals / families and recover the same from the polluters, until the damage caused to the ecology is fully reversed," the bench said.

 

The court also directed the state government in consultation with the central government, to set up within a period of four weeks, 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.

 

"While it may be true that the details of the affected individuals or families cannot be ascertained at this distant point of time, this alone cannot be a reason to withhold the compensation amount payable to the affected individuals or families, until the damage caused to the ecology is reversed," the bench said.

 

Acting on appeal filed by Vellore District Environment Monitoring Committee and others, the court modified the 2010 Madras High Court's order.

 

In its judgment, the bench said, 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.

 

The bench noted, India produces 13 percent of the world’s leather and the leather market in India is valued at approximately Rs.40,000 crores. It is a key foreign exchange earning sector for India being the 2nd 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, the bench said.

 

"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," the bench said.

 

The court emphasised that 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," the court said.

 

The court also noted, Vellore District is one of the oldest and largest Districts in Tamil Nadu lying on the banks of River Palar. Palar River is the source of drinking water for 30 towns and 50 villages along its banks.

 

"This river which was celebrated in literature, poetry, music, is now sullied by the operation of industries, especially, the tanning industry, which has been discharging effluents and dumping solid waste directly into the river and its channels, thereby making it unfit for drinking or agricultural purposes," it said.

 

The court recorded, Tanning industries which are the main source of income for the Vellore District, convert animal hides and skins into leather. Around 45% of the total tanneries in India are located in Tamil Nadu. More than 600 tanneries are situated in various clusters of Vaniyambadi, Ambur, Ranipet, Pernambut in the Vellore District. Though these industries have significant socio-economic impacts through employment and earnings, they have gained a negative image in society due to the pollution they generate.

 

Highlighting the impact of environmental degradation on public health and life, the bench said, it would not be wrong to say that the condition of tannery workers is no better than that of manual scavengers.

"With a majority of workers being women, the situation is even more distressing. It is also abundantly clear that the discharges were neither authorized nor in compliance with the standards set by the Pollution Control Boards," it said.

 

The court noted the industries have not complied with the extant statutory guidelines framed by the Government as per the appellant Vellore District Environment Monitoring Committee. At the same time, it pointed out, the report also revealed that the tannery industry is not the sole polluter affecting the river. Other pollutant, such as untreated sewage and solid wastes generated in the towns are also being dumped into the river.

 

Despite the responsibility of the municipalities to treat sewage, no effective steps have been taken and untreated sewage continues to be released directly into the river. It is disheartening to hear a worker describe the chemical pollution as “so powerful it can melt the dead - it’s only a matter of time before it begins to melt the living”, the bench said.

 

"All of this occurs while various Supreme Court directives and environmental norms are flouted, and the schemes or plans framed by the government remain on paper, failing to achieve any meaningful results. Thus, this court, being the custodian of fundamental rights, must come to the rescue of the affected individuals or families and ensure that persistent wrongs are rectified and justice is actually done," it said.

 

Among its directions, the court said, the state should ensure quarterly inspections of tanning industries in the district to assess compliance with environmental regulations and publish a report in its website disclosing all the material particulars. The inspection team should verify whether the industries are established within permissible distances from prohibited zones, the status of ZLD compliance by the industries, and other relevant aspects.

 

"The State shall facilitate a conduct of environment audit of each river in the State, ascertain the pollution, degradation, change in storage capacity, depletion of groundwater level and publish the results in the website, newspapers, media, and other public platforms," it said.

 

It directed the State Pollution Control Board and Central Pollution Control Board, in co-ordination with State government, set emission standards for the tannery industry in alignment with international environmental standards and take into consideration the recommendations of national and international regulatory bodies. Additionally, it should assess the feasibility of imposing effluent charges, which would be levied per unit of waste or discharge released, as a penal measure to enforce compliance.

 

The court also directed the State government to ensure the implementation of the ban on illegal sand mining and establish a monitoring committee to oversee sand mining operations, utilizing real-time surveillance mechanisms such as drones and GPS, implement stringent action against offenders, including the perpetual seizure of equipment and vehicles involved in illegal mining activities.