VELLORE CITIZENS WELFARE FORUM vs UNION OF INDIA (1996) 5 SCC 647

FACTS:

An NGO called the “Vellore Citizens Welfare Forum” filed a Public Interest Petition under Article 32 of the Constitution alleging that 900 tanneries (not “tyrannies” as written in the original) located in five districts of Tamil Nadu were releasing untreated effluent, which was severely polluting the land and water. The Palar River, which serves as the primary water source for locals, was receiving this untreated effluent before it was released into open spaces, agricultural lands, and waterways.

According to a survey conducted by the Tamil Nadu Agricultural University Research Centre, the excessive use of chemicals and dyes had led to the deterioration of soil quality and contamination of groundwater. This rendered over 35,000 hectares of agricultural land in the tanneries belt either partially or completely unsuitable for cultivation. Out of 467 wells surveyed, approximately 350 were found to be contaminated. Additionally, only 443 of the 584 tanneries had applied for the board’s approval.

The petition was filed under Article 32 of the Indian Constitution, focusing on two global principles associated with sustainable development:

1. The Polluter Pays Principle: This principle holds responsible parties accountable for pollution and requires them to compensate for environmental damages.
2. The Precautionary Principle: This principle mandates that protective action should be taken against any potential environmental or human health damage before scientific evidence of risk is established.

ISSUES:

Whether the tanneries should be allowed to continue operations at the cost of public health and environmental degradation?

CONTENTIONS OF THE APPELLANT:

1. The discharge of untreated effluent by tanneries had resulted in the degradation of the river, farmlands, wells, and soil quality.
2. The tannery operations were causing water scarcity, as processing one kilogram of leather requires approximately 35 liters of water.
3. Despite orders from the Tamil Nadu Pollution Control Board and the Tamil Nadu government to establish effluent treatment facilities, the tanneries had failed to comply for the past decade.

The National Environmental Engineering Research Institute (NEERI) investigation revealed that out of 30 tannery sites inspected, only 7 had functioning treatment facilities.

CONTENTIONS OF THE RESPONDENT:

The tanneries contested the Total Dissolved Solids (TDS) standards set by the Tamil Nadu Pollution Control Board, claiming they were unreasonable. However, NEERI’s subsequent review confirmed the reasonableness of these standards.

JUDGMENT:

The Court acknowledged the leather industry’s importance in generating employment and foreign exchange but emphasized that development and environmental protection must proceed harmoniously. Key points of the judgment include:

1. Tanneries were ordered to cease operations until proper pollution control technology was installed.
2. Operations could resume only after obtaining approval from the Tamil Nadu Pollution Control Board.
3. The Court awarded Rs. 50,000 to MC Mehta for his contribution to environmental protection.
4. The Court recommended establishing Green Benches for the expeditious handling of environmental cases.

CONCLUSION:

The Court adopted a balanced approach between development and environmental protection. It ordered:

1. Mandatory installation of pollution control devices by all tanneries before reopening
2. Joint inspection by the Central Pollution Control Board and Tamil Nadu Pollution Control Board
3. Imposition of a Rs. 10,000 fine per tannery, payable to the Collector’s office
4. Creation of review committees funded by tannery associations
5. Establishment of Green Benches to expedite environmental cases

The Court’s judgment effectively addressed both industrial development needs and environmental concerns, setting a precedent for sustainable development in India.

References:

1. LEGALBITES. (2024). Case Analysis: Vellore Citizens Welfare Forum v. Union of India and Ors. (1996). Retrieved October 16, 2024, from https://www.legalbites.in/environment-law/case-analysis-vellore-citizens-welfare-forum-v-union-of-india-and-ors-1996-965278
2. JUDICATEME. (2021). Vellore Citizens Welfare Forum v. Union of India. Retrieved October 16, 2024, from https://judicateme.com/wp-content/uploads/2021/09/Vellore-Citizens-Welfare-Forum-v.-Union-of-India_JudicateMe.pdf
3. LAWDOCS. (2024). Constitutional Case Law: Vellore Citizens Welfare Forum v. UOI. Retrieved October 16, 2024, from https://www.lawdocs.in/listen-podcast/constitutional-case-law/vellore-citizens-welfare-forum-v-uoi