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2009 Supreme(SC) 1621

K. G. BALAKRISHNAN, B. S. CHAUHAN
Tirupur Dyeing Factory Owners Association – Appellant
Versus
Noyyal River Ayacutdars Protection Association – Respondent


Advocates Appeared:
For the Appellants : Soli J. Sorabjee, Mukul Rohtagi, Jaideep Gupta, Sr. Advs., P. V. Yogeswaran, K.K. Mani, Ankit Swarup, Advs., with them for the Appellants.
For the Respondents:Dr. Rajiv Dhawan, Sr. Adv., Dayan Krishnan, K.M. Santhanagopalan, Nikhil Nayyar, Gautam Narayan, Kaushik, Rohini Musa, Abhishek Gupta (for Ms. Binu Tamta), V.G. Pragasam (N.P) , R. Nedumaran, S.S. Nehra, Advs., with him for the Respondents.

JUDGMENT

Dr. B.S. Chauhan, J.—

1. Leave granted.

2. These appeals have been filed against the Judgment and Order dated 22.12.2006 of the Madras High Court in writ petition no. 29791 of 2003 and order dated 27.2.2007 dismissing the Review Application No.14 of 2007 in the said case.

3. The facts and circumstances giving rise to this case are that a Public Interest Litigation was filed by the Noyyal River Ayacutdars Protection Association, a registered Association (Respondent No. 1), for seeking directions for preservation of ecology and for keeping the Noyyal river in Tamil Nadu free from pollution. According to the said Association, a large number of industries, some of them respondents before the writ court and appellants herein had indulged in dyeing and bleaching works at Tirupur area and discharging the industrial effluents into the Noyyal river which created water pollution to the extent, that the water of the river was neither fit for irrigation nor potable. The pollution also adversely affected the Orthapalayam reservoir and other tanks and channels of the said river. A similar issue i.e. menace of pollution had also earlier been raised by another association namely Karur Tal

































































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