Polluting tanneries must pay for ‘irreversible’ damage to Palar river: SC tells Tamil Nadu Govt

After the judgment was read out, Justice Pardiwala observed orally that it was a “pathbreaking judgment” authored by Justice Mahadevan and in case of any violation, those responsible would be sent to Tihar and not to any jail in the state.

“Breach of any of these conditions, we will send them to Tihar. Not even any jail in Tamil Nadu. We will keep monitoring till we both are here,” he said.

Justice Mahadevan read out the operative part of the ruling. It said, “The tanneries by discharging untreated or partially treated effluents into the river Palar and surrounding areas have resulted in irreversible damage to the waterbodies, groundwater and agricultural lands. This environmental degradation has impoverished local farmers and has caused human suffering to the local residents and the tannery workers thereby endangering public health and life. It is also abundantly clear that the discharges were neither authorised nor were as per the standards set by the Control Boards.”

The judgment added, “Though the reports indicate that they have established a central effluent treatment plant and the industries have still not achieved zero levels…furthermore, the industries have not complied with the statutory guidelines framed by the Government as per the Appellant Vellore District Monitoring Committee.”

Accordingly, the bench directed that the compensation as already decided be paid in six weeks.

The top court asked the state to constitute, in consultation with the central government, a committee under the chairmanship of a retired high court judge and members comprising secretaries of state and central departments, environmental experts, representatives of the affected communities and any other person deemed fit for the purpose of conducting an audit to maintain and create a clean and healthy environment in Vellore. This has to be done within four weeks.

The judgment asked the state Pollution Control Board and Central Pollution Control Board to work in coordination with the state government and set emission standards for the tanneries industry in consonance with the international environmental standards and taking into consideration the recommendation of the national and international regulatory bodies.

It said that the licensing authority can cancel licences not only for wrong or misrepresentation made to secure a licence but also for violation of terms and conditions of such licence and other applicable laws.

The ruling came on an appeal challenging a Madras High Court order setting aside the award in terms of which the compensation was to be fixed.