VELLORE CITIZENS WELFARE FORUM versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 5 S.C.R. 241 · Decided: 28-08-1996 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Disposed off

Judgment (excerpt)

VELLORE CITIZENS WELFARE FORUM 
A 
v. 
UNION OF INDIA AND ORS. 
AUGUST 28, 1996 
[KULDIP SINGH, FAIZAN UDDIN AND K. VENKATASWAMI, JJ.) 
B 
Environmental Law : 
Constitution of India, 1950 : Altic/es 21, 47, 48-A and 51-A(g). En-
vironmental pollution-Caused by tannelies-Untreated effluent by tanneries C 
in State of Tamil Nadu---Discharge of-Thereby polluted sub-soil liver water 
resulting in non-availability of potable water-Spoiled physico-chemical 
propelties of soil, making it unfit for cultivation-Held : even though such 
indust1ies were of vital impo1tance to count1y, they could not be pennitted to 
continue their production unless pollution control devices were set up by, 
them-Having regard to pollution caused by them, principle of Sustainable D 
Development had to be accepted as a balancing concept--Precautiona1y 
Principle and Polluter Pays P1inciple acceptable as part of environmental law 
of country and should be implemented--Precautiona1y environmental 
measures should be taken by State Govemment and statut01y authorities and 
lack of scientific certainty could not be ground for postponing such measures 
to prevent environmental degradati011~"0mts of proof' was on polluting E 
industlies to show that their actions were environmentally benign-Such 
polluting industlies liable to pay compensation for past pollution generated 
by them-Pollution fine of Rs. JO, IJOO imposed on each tannery-Money to be 
deposited in "Environment Protection Fund" to be utilised for compensating 
affected persons and rest01ing damaged envilVnment. 
p 
A1ticles 32 and 226-Public Interest Litigation-Environmental Pollu-
tion-Caused by ta111te1ies in State of Tamil Nadu-Comprehensive directions 
issued by Supreme Cowt---However, instead of Supreme Cowt itself mo11ito1' 
ing the matter any fwther, Madras High Court advised to constitute a "Green 
Bench" to deal with all environmental matters in future-Such "Green G 
Benches" already functioning in some High Courts. 
Environment (Protection) Act, 1986: Section 3(3)-Authoiity-Central 
Govemment directed to constitute Authority to be headed by a retired High 
Court Judge-Authority to have all powers necessary to deal with situation 
created by tanneries and polluting industries in State of Tamil H 
241 
242 
SUPREME COURT REPORTS (1996] SUPP. 5 S.C.R. 
A Nadu-Autlwrity to compute compensation payable by polluting industries to 
affected individuals and that payable for restoring damaged environ-
ment-Authority also to frame scheme in consultation with expe1t bodies like 
NEERJ, Central Board and State Board for reversing damage caused to 
ecology and environment. 
B 
Intemational Law : 
c 
D 
E 
F 
Customa1y Intemational Law-Rules of -Held : if not contrmy to 
Municipal Law, deemed to be incorporated in domestic Law. 
The petitioner filed a Public Interest Petition under Article 32 of the 
Constitution against the pollution which was being caused by enormous 
discharge of untreated effiuent by the tanneries and other industries in the 
State of Tamil Nadu. The tanneries were discharging untreated ellluent 
into agricultural fields, road-sides, waterways and open lands. The un-
treated effiuent was finally discharged in the river which was the main 
source of water supply to the residents of the areas. The entire surface and 
sub-soil water of the river had been polluted resulting in non-availability 
of potable water to the residents of the, area. The tanneries in the State of 
Tamil Nadu had caused environmental degradation in the area. According 
to the preliminary survey made by the Tamil Nadu Agricultural University 
Research Centre nearly 35, 000 hectares of agricultural land in the Tan-
neries Belt, had become either parti:ally or totally unfit for cultivation. The 
tanneries used about 170 types of chemicals in the chrome tanning proces-
ses. Nearly 35 litres of water was used for processing one kilogram of 
finished leather, resulting in dangerously enormous quantities of toxic 
effiuents being let out in the open by the tanning industry. These ellluents 
had spoiled the physico-chemical properties of the soil, and had con-
taminated ground water by percolation. An independent survey conducted 
by Peace Members, a non-governmental organisation, covering 13 villages 
of the State revealed that 350 wells out of a total of 467 used for drinking 
and irrigation purposes had been polluted. Women and children have to 
G walk miles to get drinking water. 
The tanneries and other poll

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