Important Point
Respondents 4 to 8 are absolutely liable to compensate for the harm caused by their Chemical Industrial Plants to villagers in the village Bichhri (Udaipur) in the affected area to the soil and to the under­ground water and hence, they are bound to take all necessary remedial measures to remove the sludge and other pollutants lying in the affect­ed areas.

Judgment

B.P. Jeevan Reddy, J.-Writ Petition (C) No. 967 of 1989:

This writ petition filed by an environmentalist organisation brings to light the woes of people living in the vicinity of chemical industrial plants in India. It highlights the disregard, nay, contempt for law and lawful authorities on the part of some among the emerging breed of entrepreneurs, taking advantage, as they do, of the country’s need for industrialisation and export earnings. Pursuit of profit has absolute­ly drained them of any feeling for fellow human beings-for that matter, for anything else. And the law seems to have been helpless. Systemic defects? It is such instances which have led many people in this country to believe that disregard of law pays and that the con­sequences of such disregard will never be visited upon them-particular­ly, if they are men with means. Strong words indeed-but nothing less would reflect the deep sense of hurt, the hearing of this case has instilled in us. The facts of the case will bear out these opening remarks.

2. Bichhri is a small village in Udaipur district of Rajasthan. To its north is a major industrial establishment, Hindustan Zinc Limited, a public sector concern. That did not affect Bichhri. Its woes began somewhere in 1987 when the fourth respondent herein, Hindustan Agro Chemicals Limited started producing certain chemicals like Oleum (said to be the concentrated form of Sulphuric acid) and Single Super Phosphate. The real calamity occurred when a sister concern, Silver Chemicals (Respondent No. 5), commenced production of ‘H’ acid in a plant located within the same complex. ‘H’ acid was meant for export exclusively. Its manufacture gives rise to enormous quantities of highly toxic effluents-in particular, iron-based and gypsum-based sludge-which if not properly treated, pose grave threat to mother Earth. It poisons the earth, the water and everything that comes in contact with it. Jyoti Chemicals (Respondent No. 8) is another unit established to produce ‘H’ acid, besides some other chemicals. Re­spondents Nos. 6 and 7 were established to produce fertilizers and a few other products.

3. All the units/factories of Respondents Nos. 4 to 8 are situated in the same complex and are controlled by the same group of individuals. All the units are what may be called “chemical industries”. The com­plex is located within the limits of Bichhri village.

4. Because of the pernicious wastes emerging from the production of ‘H’ acid, its manufacture is stated to have been banned in the western countries. But the need of ‘H’ acid continues in the West. That need is catered to by the industries like the Silver Chemicals and Jyoti Chemicals in this part of the world. (A few other units producing ‘H’ acid have been established in Gujarat, as would be evident from the decision of the Gujarat High Court in Pravinbhai Jashbhai & Ors. v. State of Gujarat & Anr.1, a decision rendered by one of us, B.N. Kirpal, J. as the Chief Justice of that Court). Silver Chemicals is stated to have produced 375 MT of ‘H’ acid. The quantity of ‘H’ acid produced by Jyoti Chemicals is not known. It says that it produced only 20 mt., as trial production, and no more. Whatever quantity these two units may have produced, it has given birth to about 2400-2500 MT of highly toxic sludge (iron-based sludge and gypsum-based sludge) besides other pollutants. Since the toxic un­treated waste waters were allowed to flow out freely and because the untreated toxic sludge was thrown in the open in and around the com­plex, the toxic substances have percolated deep into the bowels of the earth polluting the acquifers and the sub-terranean supply of water. The water in the wells and the streams has turned dark and dirty rendering it unfit for human consumption. It has become unfit for cattle to drink and for irrigating the land. The soil has become polluted rendering it unfit for cultivation, the main stay of the villagers. The resulting misery to the villagers ne