Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

where an offence under the Act has been committed by a company, every person who was in charge of and was responsible for the company’s conduct of business, is also guilty of the offence.

91. Thus, it is evident that Vellore’s current status highlights the critical consequences of unchecked industrialization and exploitation of natural resources. The district, once known for its agricultural prosperity and natural resources, now faces a grave environmental crisis driven by pollution from the tanning industries, illegal sand mining, and poor waste management. These activities have degraded vital ecosystems, polluted water bodies like the River Palar and reduced the groundwater availability, severely impacting the livelihoods of farmers, fishermen, and local communities. 91.1. In the light of the principles outlined above, this Court has the duty to foster a more comprehensive, balanced, and sustainable approach to curb the water pollution in the river. The principles mentioned not only ensure compliance but also encourage long-term strategies for environmental protection, public health, and sustainable development. Moreover, the legal position is clear: until the damage caused by the tanneries to the ecology is reversed, the polluters have a continuing duty to pay compensation and further, it is the bounden duty of both the Central and State Governments and local authorities to prevent, protect and preserve natural resources and maintain a healthy and clean environment.

VII. ECOCIDE

92. Before we proceed with our discussions and findings, we also want to highlight the emerging concept of ecocide, which has gained significant attention in the environmental discourse. Ecocide is defined as ‘unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment.’ Acts such as the pollution of rivers with untreated sewage, illegal sand mining, large-scale deforestation etc. fall under this definition. The environmental damage occurring in Vellore District could even be categorized as ecocide, underscoring the urgency of addressing and halting such activities.

p. 1354

VIII. DISCUSSION AND FINDINGS

93. Earlier, this Court in Vellore Citizens Welfare Forum (supra) extensively considered the issue of pollution caused by tanneries in the Vellore District and its adverse impact on human lives, soil, water, agriculture, etc. and rendered a land mark decision, issuing various directions to the authorities concerned. Pursuant to the same, vide notification dated 30.09.1996, the Central Government constituted the LoEA to assess the damage caused, frame a scheme for reversal of the damage, identify affected individuals / families and compute the compensation payable to them. Accordingly, the LoEA passed its first award on 07.03.2001, identifying 29,193 affected individuals / families in respect of 15,164.96 hectares in 186 villages within 7 Taluks of Vellore District and determined the compensation for the period from 12.08.1991 to 31.12.1998. It was clearly stated in the said award that the liability of the polluting industries continued beyond 31.12.1998 until the damage caused to the ecology and environment by pollution was fully reversed. Though the said award dated 07.03.2001 was initially challenged by the AISHTMA in WP.No.512 of 2002, the High Court affirmed the award, by order dated 22.03.2002 and hence, it attained finality. It is also to be noted that by order dated 07.04.2016, WP No.23291 of 2006 seeking a direction to the authorities to make the LoEA a permanent body, came to be dismissed by the High Court.

94. Aggrieved that the entire compensation amount awarded by the LoEA vide award dated 07.03.2001 has not been disbursed to all the affected individuals / families and only a part of it was disbursed till date; the tannery industries continuing to discharge effluents into the River Palar; and that no scheme has been framed to reverse the damage caused to the ecology by the state Government, the appellant / Vellore District Environment Monitoring Committee filed WP.No.8335 of 2008 as a Public Interest Litigation seeking directions to the authorities concerned to pay compensation for the further loss caused to the affected families from 1998 onwards until the damage caused to the ecology is reversed, etc.

95. Pending the aforesaid writ petition, the LoEA based on the orders of the High Court as well as this Court proceeded to assess the damage caused to the ecology. The AISHTMA objected to the same by filing a reply stating that the LoEA cannot investigate the pollution caused by the industries after the award dated 07.03.2001 and thereby assess

p. 1355

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

the quantum of pollution. The LoEA rejected the said objection by order dated 05.05.2009, which was challenged by the AISHTMA in WP No.19017 of 2009.

96. Thereafter, the LoEA considered all the applications relating to the period from 1991-98, which were not covered by the award dated 07.03.2001 and assessed a compensation of Rs.2,91,01,278/- to be payable to 1377 affected individuals/ families, by its second award dated 24.08.2009. This award was subsequently challenged by the AISHTMA in WP.No.22683 of 2009.

97. After due contest, the High Court by two separate orders dated 08.02.2010 viz., one in W.P.Nos.8335 of 2008 and 19017 of 2009 and another in W.P.No.22683 of 2009, rejected the reliefs sought in the public interest litigation, but set aside the order dated 05.05.2009 passed by the LoEA and affirmed the second award dated 24.08.2009. These two orders are now put to challenge before us by the aggrieved parties.

98. At the outset, the learned counsel for the Respondent Nos.3 and 4 raised an objection that the AISHTMA preferred the Special Leave Petition along with an application to condone the delay of 439 days in filing the same and the same came to be registered as SLP(C) No.26608 of 2011, without there being any order condoning the said delay. The record of proceedings discloses no order regarding the condonation of delay in filing the said petition. While it may be true that the AISHTMA in order to defeat the claim of the appellant in SLP(C)Nos.22633-22634 of 2010 filed the petition in SLP(C) No.26608 of 2011 as a counter blast, it cannot be disputed that they have been actively contesting the appeals filed by the Vellore District Environment Monitoring Committee, in their capacity as Respondent No.4 in SLP (C)No.23633 of 2010 and Respondent No.3 in SLP (C) No.23634 of 2010. Moreover, the issues involved in all the appeals are interconnected and intertwined. Therefore, in the larger public interest, we overlook the mistake committed by the Registry and condone the delay in filing the petition, though not condoned earlier.

99. As already pointed out by us, the award dated 07.03.2001 passed by the LoEA has attained finality, in view of the order dated 22.03.2002 passed by the High Court in W.P.No.512 of 2002. It is the case of the contesting respondent in SLP (C) Nos.23633-23634 of 2010 and the appellant in SLP (C) No.26608 of 2011 / AISHTMA that the

p. 1356

compensation and the fund determined in the said award were paid by the industries and the same were also disbursed to the affected individuals / families.

100. However, the appellant / AISHTMA challenged the subsequent award dated 24.08.2009 passed by the LoEA, mainly contending that there were no claims pending against the industries; and that the High Court, in the order dated 20.12.2007, made in W.P.No.23291 of 2006, had not issued any direction to the LoEA to consider the left-out claims for the period 1991-98 and it merely recorded the submission of the learned counsel that the LoEA would consider all the applications filed before the cut-off-date, which are pending as well as the applications filed after the cut-off-date and decide them in accordance with law and grant compensation wherever the case is made out and therefore, the industries are not liable to pay any compensation for the period 1991-1998.

101. It may be true that the High Court did not explicitly pass an order directing the LoEA to consider the left-out claims for the period from 1991-1998, but after having given an undertaking before the High Court that the left-out claims would be considered, the LoEA cannot tactically choose to shrug off the said undertaking. Moreover, only because of the undertaking given by the LoEA, the High Court deemed it unnecessary to issue such a direction, expecting that the LoEA would comply with its own undertaking. It is also pertinent to mention here that the LoEA was tasked with duty to assess the damage, identify the areas and the individuals/families affected by the pollution. While the LoEA was empowered to identify the individuals/ families that have suffered during the relevant period, it goes without saying that the LoEA would have the authority to admit new claims if they are found to be genuine. The Doctrine of Implied Authority would automatically come into operation. The error or lapse, if any, on the part of the LoEA cannot affect the right of the residents who have been left out, more so considering that the right persists in view of the continuing pollution. Therefore, we reject the contention so raised by the learned counsel for the AISHTMA.

102. Apparently, vide award dated 24.08.2009, the LoEA identified 1,377 persons and determined the compensation amount to be Rs. 2,91,01,278/- for them. It was clearly stated in the said award that it was passed only in respect of the individuals / families, who were

p. 1357

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

left out of the earlier award dated 07.03.2001, which has attained finality. It is also evident that the award was passed after issuing due notice to all the parties and that, the AISHTMA did not raise any grounds relating to non-adherence to the procedure for taking samples, as provided in Rule 6 of the Environment (Protection) Rules, 1986, before the LoEA either in its reply or at the time of personal hearing. It is not the case of the AISHTMA that the samples tested are not from the tanneries. Therefore, the technical objection raised now is only an after thought. Hence, the other grounds raised by the AISHTMA with respect to violation of the principles of natural justice and the Rules, against the award dated 24.08.2009, cannot be countenanced by us.

103. Upon considering all the factors, the High Court while rejecting the challenge to the award dated 24.08.2009, referred to the left-out claims as a continuation of the earlier award and held the same as not bad in law. It was also pointed out by the High Court that by award dated 07.03.2001, the LoEA, after conducting a field survey and verifying the revenue records, filtered 1377 cases out of 7422 claims as affected individuals / families eligible for compensation due to ecological damage to their lands. By following a similar methodology, the LoEA determined a total compensation of Rs.2,91,01,278/- payable to the affected individuals / families and passed the subsequent award dated 24.08.2009. Also, the High Court rejected the appellant / AISHTMA’s contention regarding limitation, holding that the polluter’s liability is an absolute liability and the polluter cannot escape from the liability once it is established that it caused pollution; that, delay in passing the subsequent award will not preclude the left-out individuals / families from making any application for claiming compensation. It was further observed that the LoEA is not expected to function as a civil court, although it has to follow just and fair procedure. It was also pointed out that although the appellant / AISHTMA was not a party to the writ petition in WP.No.23291 of 2006, in which, the High Court passed the order, directing the LoEA to consider all the claims, the industries, which were found to be polluters even by this Court in Vellore Citizen Welfare Forum, cannot absolve their liability to pay compensation by applying the Polluter Pays Principle. Therefore, we do not find any reason, much less a valid reason, to interfere with the well-considered order passed by the High Court in W.P.No.22683 of 2009.

p. 1358

104. Next, we turn to the order passed by the High Court in W.P.Nos.8335 of 2008 and 19017 of 2009. It is the specific case of the appellant in SLP(C)No.23633 of 2010 that only a part of the compensation has been disbursed to the identified affected individuals / families and crores of rupees are yet to be collected; no scheme has been implemented for the reversal of the damage caused to ecology and environment; the industries continue to discharge effluents and they are not maintaining the standard expected of them and thus, the damage caused to the environment has only been exacerbated. Thus, this according to the appellant, entitles the affected individuals/ families to receive compensation beyond 31.12.1998 till the damage to the ecology is reversed. It is also submitted that a large number of tanneries are operating beyond the permissible limit and hence, they should be closed.

105. Though the appellant in SLP (C)No.23633 of 2010 sought multiple reliefs by filing Public Interest Litigation in W.P.No.8335 of 2008, the High Court rejected the same on the ground that except for asserting that a number of affected persons had not received the compensation amount, the appellant had not taken any steps to furnish the details of the individuals / families, who had received either only a part of the compensation amount or had not received any compensation amount at all and in the absence of supportive material, the claim of the appellant could not be entertained.

106. We are of the opinion that the details of the affected individuals / families are already available with the District Collector, and the LoEA after obtaining those particulars, has awarded compensation to them. Hence, the failure of the appellant to furnish the details regarding the receipt of compensation by the affected individuals / families, cannot be a reason to reject the claim of the appellant concerning the disbursement of compensation to all the affected individuals / families. In our view, the High Court must have directed either the District Collector or the LoEA to produce the details or in the alternative, must have directed LoEA to verify the claims and issued appropriate directions.

107. In respect of the other reliefs made by the appellant in SLP (C) Nos.23633-23634 of 2010, it is pertinent to mention that the High Court by order dated 10.04.2008 in MP.No.1 of 2008 in WP No.8335 of 2008, inter alia directed the LoEA to make enquiries as to whether

p. 1359

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

the polluters complied with the conditions of the award and to assess the compensation within four months, and the damage caused to the ecology since 1999. Even in the petition filed in MP.No.2 of 2008 in WP.No.8335 of 2008 by the appellant / AISHTMA, seeking to vacate the said order dated 10.04.2008, the High Court directed the LoEA to pass the order only after hearing the contentions of the AISHTMA. Accordingly, the LoEA issued due notices to all the parties, to which, AISHTMA filed its reply. Thereafter, the LoEA passed the order dated 05.05.2009, rejecting the objection raised by AISHTMA with regard to assessing the damage caused by the tanneries to the ecology beyond 1998 in the Vellore District.

108. The order dated 05.05.2009 would demonstrate that the LoEA took note of all the contentions raised by the AISHTMA, such as, the installation of IETPs and CETPs, expenditure of crores of rupees on pollution control measures as suggested by NEERI and CLRl, and the Government owing a duty to arrest pollution on their part, industries having earned income to the Government in crores of rupees, and thus, any liability being fixed on the industries must be borne by the Government, and hence, the industries have no liability to pay any compensation subsequent to the award period and the payment under the award is one time settlement. The fact that the industries represented by AISHTMA continue to pollute and that the pollution levels have not decreased even after the installation of some pollution control devices, and noting that the process of installing reverse osmosis plants is still in its initial stages, and also in the light of the legal position that the liability to pay compensation is based on the ‘Polluter Pays Principle’, and the ‘Precautionary Principle’ stressing the need to arrest pollution as laid down by this Court, the LoEA passed the said order dated 05.05.2009 rejecting all the contentions raised by the AISHTMA. However, the High Court erroneously set aside the said order passed by the LoEA by the order impugned herein, neglecting the object and misconstruing the scope and authority of the LoEA.

109. The learned counsel for the AISHTMA before us submitted that since the decision of this Court in Vellore Citizens Welfare Forum (supra), the Tanning Industries of Vellore District have fully complied with all the directions issued by this Court from time to time and played their role in preventing any further damage to the ecology from their side. Placing reliance on the reports of the CPCB and

p. 1360

the TNPCB, the learned counsel submitted that all tanneries in Vellore District are either connected to CETPs or have their own IETPs and all of them are equipped with ZLD Systems which are operational and functional; and that, both the authorities have reported that no discharge of treated or untreated effluent has been noticed either on land or into the River Palar. Furthermore, more than 80% of the water is reused and the solid wastes generated are being disposed of in a secured landfill system. It was also submitted that the industries have paid in full the compensation due to individuals/families and have also paid a fine of Rs.10,000/- each as imposed by this Court by its judgment dated 28.08.199646 towards the Environmental Protection Fund which is intended for the reversal of the damage to the ecology. Thus, according to the AISHTMA, it is for the Central and State Governments to utilize the said amount and take steps to complete the process of reversal at the earliest. The industries cannot be made liable for any alleged damage beyond 31.12.1998, as they have already taken necessary steps to control the pollution and several tanneries have installed reverse osmosis plants.

110. Indisputably, the award of the LoEA dated 07.03.2001 which was passed pursuant to the judgment of this court in Vellore Citizen Welfare Forum (supra), clearly mentioned that the liability of the industries continues until the damage caused to the ecology and environment by pollution is reversed. It is borne out from the records that the industries have taken steps to achieve ZLD and to reverse the damage caused to the ecology, deposited certain sums. However, the same have not been achieved till date and still remain a work in progress. In such circumstances, the industries will remain responsible for the further and continuing pollution caused to the ecology. Therefore, the alleged payment of fine of Rs.10,000/- each towards the Environmental Protection Fund made by the industries cannot absolve them of their liability to pay compensation until the damage to the ecology is reversed by meeting the standards prescribed by the Pollution Control Board and by adhering to the schemes implemented and directions passed by the government. Though the leather industry in India has become a major source of foreign exchange and Tamil Nadu is presently the leading exporter

46 Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647

p. 1361

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

of finished leather, accounting for approximately 80 percent of the country’s export, the same does not give the industry the right to destroy the ecology, degrade the environment and pose a threat to health of the residents. In such view of the matter, the order of the High Court passed in WP Nos.8335 of 2008 and 17019 of 2009, requires some degree of interference by us.

111. According to the AISHTMA, they have already deposited Rs.26.82 crores towards compensation for the affected families / individuals, in addition to Rs.3.66 crores towards the Environmental Protection Fund for the purpose of reversal and restoration of the ecology between 1991-98. As per the awards dated 07.03.2001 and 24.08.2009 passed by the LoEA, the total compensation payable to the affected individuals / families amounts to Rs.29.73 Crores. The supplementary affidavit dated 29.11.2013 filed by the Additional Chief Secretary to Government, Environment & Forest Department, Govt. of Tamil Nadu, clearly outlined the collection of compensation amounts from the tanneries, the details of which are as follows:

1. Total number of tanneries responsible for 547 payment of compensation

2. Total amount to be collected from the tanneries 29.73 crores for compensation as fixed by the Loss of Ecology Authority for two awards (Rs.26.82 + Rs.2.91 crores)

3. Total amount to be collected from the tanneries 3.66 crores for reversal of Ecology

4. Total amount to be collected (2 + 3) 33.39 crores

5. Amount collected as on 22.08.2013 27.67 crores

6. Amount collected from 23.08.2013 to 1.13 crores 06.09.2013

7. Total amount collected as on 07.09.2013 (5+6) 28.80 crores

8. Balance as on 07.09.2013 (4-7) 4.59 crores

9. Less non-collectable balance 0.87 crores

10. Net collectable balance 3.72 crores

p. 1362

The aforesaid affidavit further disclosed that pursuant to the order of this Court, dated 20.02.2013 in SLP(C)Nos.23633-23634 of 2010, a compensation amount of Rs.4.48 crores was disbursed to the affected individuals / families by the District authorities. Additionally, an amount of Rs.1.15 crores is held by the Divisional officers which would be disbursed as and when the issues are settled, either through court of law or out of court.

112. The reports filed by the TNPCB and CPCB clearly state that 8 CETPs along with their Member units and 26 IETPs are equipped with operational and functional ZLD Plants; regular monitoring is being carried out by the TNPCB to ensure proper functioning of the ZLD Plants; and any directions, in case of violations, are being complied with by the concerned units. All the CETPs and IETPs are connected to the Care Air Centre for Online Monitoring by both TNPCB and CPCB. Reverse Osmosis Plants have been established in most of the Units, while steps are being taken to establish them in the remaining units under the supervision of the State Pollution Control Board. However, there is no concrete assertion that ZLD has been fully achieved by the industries. Further, the report reveals that STPs have been provided for Sewage management in only two municipalities and untreated sewage continues to be discharged into the river.

113. Admittedly, the standard upper limit of pollution in treated effluent is 2100 mg/1 of TDS content and the same has not been maintained by the industries. The same level of pollution is present in wells and other water sources in the areas. Hence, the industries which continue to pollute the environment, and thereby violate Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, cannot absolve themselves of their liability, merely on the ground that some payment was made by them to the Government in compliance with the directions of this Court. The liability of the industries for the pollution caused by them did not cease in the year 1998 by merely paying the compensation amount. Rather it is a continuing liability that persists until the actual pollution is curbed/ its effects reversed. In other words, the polluting industries are liable to reverse the damage to the environment and ecology as long as the tanneries continue to pollute the environment. At the same time, the Government has not implemented the scheme for reversal and restoration of ecology till date, despite the LoEA having drafted the same in the year 2001

p. 1363

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

itself. While it may be true that the details of the affected individuals / 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 / families, until the damage caused to the ecology is reversed. Therefore, 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. Accordingly, the order passed by the High Court is liable to be modified by this Court.

IX. CONCLUSION

114. The overall analysis clearly demonstrates 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, has resulted in irreversible damage to the water bodies, groundwater, and agricultural lands. This environmental degradation has impoverished local farmers and has caused immense suffering to the local residents and the tannery workers, thereby endangering public health and life. In fact, 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. Though the reports indicate the establishment of CETPs and IETPs, the industries have still not achieved ZLD, till date. Furthermore, 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, the report also reveals 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”. All of this occurs while various Supreme Court directives and environmental norms are flouted, and the schemes or plans framed

p. 1364

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 / families and ensure that persistent wrongs are rectified and justice is actually done.

X. RESULT

115. Therefore, we deem it fit to issue certain directions to the stake holders, which are as under: (i) 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, (ii) 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. (iii) 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. (iv) The Committee shall carry out the following tasks and ensure its implementation until the damage caused to the ecology is reversed: (a) In view of the decision arrived at by us, 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. (b) Formulate a comprehensive scheme to reverse the ecological damage in the affected areas. Such a scheme shall incorporate advanced techniques and best practices,

p. 1365

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

as applicable, adopted by other State Governments and foreign countries. (c) 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. (d) Identify critical zones in the district as No Discharge Zones to safeguard the quality of water resources, particularly groundwater, from contamination by industrial and domestic waste. (e) Identify locations where new CETPs and IETPs are required, and where industries can be feasibly connected to these systems. Based on the same, direct the establishment of such plants to strengthen the pollution control infrastructure. (f) Address the deficiencies of existing CETPs, IETPs, and other pollution control mechanisms by ensuring their effective functioning and proper maintenance. (g) Make any other recommendations that may be required to ensure continuous monitoring and compliance of the standards to ensure ZLD within a period of three months and submit a report to the State and central Governments/ Boards which shall be implemented by the State/Central Government/Board, (h) Ensure that State Pollution Control Board / Central Pollution Control Board is strictly complying with the relevant guidelines for monitoring and regulating the industries and file a report before this Court within four months from the date of constitution, (v) Since pollution is a continuing wrong until the condition is reversed, the polluters shall be liable to compensate the victims and liable for the damage and the Committee constituted as per direction (iii) LoEA (present) is directed to periodically assess and pass appropriate orders till then, (vi) the State shall implement the suggestions of the committee to formulate and implement a comprehensive rejuvenation plan for the Palar River, which includes removing pollutants, desilting, and

p. 1366

ensuring adequate water flow and direct the concerned authorities and bodies to accomplish the same within a time frame, (vii) The State shall 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 shall verify whether the industries are established within permissible distances from prohibited zones, the status of ZLD compliance by the industries, and other relevant aspects. (viii) 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, (ix) the State shall mandate the installation of IoT-based sensors at discharge points, rivers, and groundwater wells to monitor water quality in real time. (x) the State shall direct that AI systems shall be employed to analyze the data collected from IoT sensors and industry discharge reports, and any discrepancies from prescribed discharge limits shall be flagged for prompt regulatory response, (xi) The State Pollution Control Board / Central Pollution Control Board shall 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, 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, (xii) The State Pollution Control Board /Central Pollution Control Board shall direct the industries to display effluent and discharge data, including chemical composition, on a publicly accessible notice board every three days and in case the standards are not met, direct the authorities to ensure compliance with the prescribed norms. (xiii) The Central Government/Central Pollution Control Board shall issue appropriate directions to align the ESG and CSR of the

p. 1367

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

industry/tannery towards voluntary disclosure and compliance of environmental norms, (xiv) the State Pollution Control Board shall establish platforms through which citizens can report pollution incidents and monitor the corrective actions taken. (xv) the authorities concerned shall take immediate and strict action against industries that fail to meet compliance standards, including closure in cases of persistent violations. (xvi) The licencing authorities couched with the power to issue licences, are by virtue of the implied authority, entitled to cancel such licence/permits, not only for the fraud or the misrepresentation made to secure to such licence, but also for violation of the terms and conditions of such licence and any other applicable law, as any licence granted by an authority cannot be used to violate any law of the land and there cannot be any estoppel against law, (xvii) the State Pollution Control Board shall direct industries and relevant authorities to prioritize the reuse and recycling of waste generated, and work towards the development of sustainable solutions. (xviii) the State Pollution Control Board shall publish real-time water quality data on an open-access platform to ensure transparency. (xix) the State/Pollution Control Board shall order the construction and operationalisation of adequate Sewage Treatment Plants (STPs) in urban and peri-urban areas to address wastewater management. (xx) the State/ Pollution Control Board shall issue appropriate directions to ensure that all workers are provided with protective gear and that adequate emergency protocols are in place to prevent untoward incidents and the provisions of the Factories Act and other labour laws, including coverage of health and life insurance schemes, are followed in strict compliance, (xxi) the State shall direct that every industry/tanner is to conduct annual health checkups for workers to detect potential risks of cancer and other severe diseases and ensure that prompt medical assistance should be provided, ensuring that workers are not left to fend for themselves.

p. 1368

(xxii) The CLRI, MoeF etc., shall invest more resources in training and promoting their eco-friendly technologies to ensure their wide adoption by the industries. The State shall ensure that the industries adopt and follow technologies, suggest by CLRI, MoEF and other relevant authorities to ensure strict compliance with the norms and to ensure ZLD and meet the prescribed standards, (xxiii) The authority concerned shall direct the Bureau of Indian Standards and relevant industries to explore the possibility of an ethical and sustainability mark/tag, enabling consumers to make informed choices. (xxiv) The State government shall 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. (xxv) The State shall form a state-level committee comprising representatives from the Central Pollution Control Board (CPCB), the State Pollution Control Board (SPCB), and the Secretary of Home. This committee should be responsible for presenting an annual compliance report to the concerned High Court or National Green Tribunal (NGT). The CPCB must ensure and render complete co-operation, (xxvi) The primary task of enforcement lies with the State Pollution Control Boards and concerned District Magistrates. Hence, the State government shall set up a District Level Committee. Any complaint to the District Level Committee headed by the District Magistrate and comprising of SPCB officials must be addressed within 30 days, if there is delay, grounds be conveyed to the complainant. Any complaints against the action which includes inaction shall lie before the State Level Committee and if still the issue is not resolved, NGT may be approached. (xxvii) the State shall promote schemes/programmes and seminars to promote, encourage, and raise awareness regarding an ecosystem-based approach to water management, co-ordinate with concerned bodies to rehabilitate wetlands, protect riparian zones, and enhance the overall ecological health of water bodies.

p. 1369

Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others

(xxviii) The Central and State Governments shall take adequate measures and allocate funds to maintain a clean and healthy environment.

116. With the aforesaid observations and directions, (a) 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 stands disposed of; and (b) 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.

117. There is no order as to costs. Connected miscellaneous application(s), if any, shall stand disposed of.

118. Post the matters after four months “for reporting compliance”.

Result of the case: Appeals disposed of. Matters posted for reporting compliance.