M.C.MEHTA versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 10 S.C.R. 383 · Decided: 19-12-1996 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Disposed off

Judgment (excerpt)

M.C.MEHTA 
v. 
UNION OF INDIA AND ORS. 
DECEMBER 19, 1996 
[KULDIP SINGH AND S. SAGHIR AHMAD, JJ.] 
Environmental Law : 
Constitution of India, 1950: Articles 21 and 32. 
Ecology--River Ganga-Pollution of-Calcutta tanneries discharged 
untreated noxious and poisonous effluent into River Ganga thereby polluting 
land and rive,.......PJL treated as writ petition-Supreme Court monitored this 
A 
.B 
c 
writ petition for a long time with a view to controlling pollution and save 
environment-In view of categoric findings of NEER/ and also reports of 
W.B. State Pollution Control Board, possibility of setting up of Common D 
Effluent Plant at existing locations of Calcutta Tanneries rnled out-Calcutta 
tanneries was extended all possible help to relocate themselves to new com-
plex-But they did not do so despite giving clear undertaking in that behalf to 
supreme Court-Held: Calcutta Tanneries even otherwise operated in viola-
tion of mandatory provisions of Water Act and Environment Protection E 
Act-One who polluted the environment must pay to reverse damage caused 
by his acts (Polluter Pays Principle}--Accordingly, directions issued for un-
conditional closure of all Calcutta tanneries w.e.f. 30.9.1997, relocation, 
payment of compensation by them for reversing the damage and for rights 
and' benefits to be made available by them to their workmen--f'ollution fine 
of Rs. 10,000 each imposed on all Calcutta tanneries-The compensation F 
amount and fine to be deposited under "Environment Protection Fund" and 
utilised for restoring damaged environment and ecology-"Green Bench" of 
Calcutta High Court to monitor further progress-Water (Prevention and 
Control of Pollution) Act, 1974--Environment (Protection) Act, 1986. 
The petitioner filed this petition--f'ublic interest-In this Court which G 
was initially directed against the tanneries located in the city of Kanpur. While 
monitoring the said directions, this Court en,larged the scope of the petition 
and the industries located in various cities on the bank of river Ganga were 
called upon to stop discharging untreated, noxious and poisonous effluent 
into the river, The tanneries located in the four adjoining areas in the eastern · H 
383 
384 
SUPREME COURT REPORTS(l996] SUPP. 10 S.C.R. 
A fringe of the city of Calcutta (the Calcutta tanneries) had all along been 
operating in extreme unhygi,enic conditions and were discharging highly toxic 
effluent all over the areas. 
The Calcutta tanneries had been extended all possible help to relo· 
cate themselves but still they did not cooperate in their relocation to the 
B new complex even after giving clear undertaking in that behalf to this 
Court. As per National Environmental Engineering Research Institute 
(NEERI) findings and the reports of the West Bengal State Pollution 
Control Board the possibility of setting up of Common Effiuent Treatment 
Plant at existing locations of the Calcutta tanneries was ruled out. 
c 
Disposing of the petition, this Court 
HELD : 1.1. This Court has been monitoring this petition for a long 
time primarily with a view to control pollution and save the environment. 
In the process the Calcutta tanneries have been extended all possible help 
D to relocate themselves to the new complex. Despite repeated reports by the 
West Bengal State Pollution Control Board that the Calcutta tanneries 
were/are discharging highly noxious effiuent and are polluting the land and 
the river, this Court did not order the closure of the tanneries because they 
agreed before this Court and had given clear undertaking that they would 
E relocate to the new complex. Inspite of all the efforts made by this Court 
to provide every possible facility to the Calcutta tanneries to shift to the 
new complex they remained wholly non-cooperative. [404-E-G] 
1.2. In view of the categoric findings of the National Environmental 
Engineering Research Institute (NEERI) and also several reports by the 
F West Bengal State Pollution Control Board (Board) there is no possibility 
of setting up of common effiuent treatment plants at the existing locations 
of the Calcutta tanneries. In the facts and circumstances, there is no 
hesitation in holding that the Calcutta tanneries shall have to he relocated 
from their present locations. [ 405-F] 
G 
2.1. The Calcutta tanneries are even othenvise operating in violations 
of the provisions of the Water (Prevention and Conrol of Pollution) Act, 
1974. In terms of Section 26 of the Wate

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