J. B. PARDIWALA, R. MAHADEVAN
Vellore District Environment Monitoring Committee Rep. By Its Secretary Mr. R. Rajebdran – Appellant
Versus
District Collector, Vellore District – Respondent
JUDGMENT
R.MAHADEVAN, J.
Leave granted. Heard all the parties and also perused the materials placed before us, including status reports/affidavits/responses filed by them. For the sake of clarity and better understanding, this judgment has been divided into the following heads :
| SL. NO. | HEADS | |
| I | PREFATORY NOTE | |
| II | RELIEF SOUGHT | |
| III | FACTUAL OVERVIEW | |
| A | GENESIS OF THE LITIGATION | |
| B | VELLORE CITIZENS WELFARE FORUM CASE | |
| C | AFTERMATH OF VELLORE CITIZENS WELFARE FORUM JUDGMENT | |
| IV | RECORD OF PROCEEDINGS AND AFFIDAVITS/REPORTS FILED BY THE AUTHORITIES | |
| V | CONTENTIONS OF THE PARTIES | |
| VI | ANALYSIS | |
| A | BASIC PRINCIPLES | |
| B | POLLUTION CAUSED BY TANNERIES | |
| C | CURRENT STATUS OF POLLUTION | |
| D | LIABILITY TO PAY COMPENSATION | |
| E | DEEMING FICTION AND PRECAUTIONARY PRINCIPLE | |
| F | DETERMINATION OF COMPENSATION | |
| G | GOVERNMENT PAY PRINCIPLE VIS-À-VIS RESPONSIBILITY OF THE GOVERNMENT | |
| H | REDUCTION OF POLLUTION | |
| I | PROVISIONS OF THE WATER ACT | |
| VII | ECOCIDE | |
| VIII | DISCUSSION AND FINDINGS | |
| IX | CONCLUSION | |
| X | RESULT AND DIRECTIVES |
I. PREFATORY NOTE
2. Nature and its e
Indian Council for Enviro-Legal Action v. Union of India
Bajri Lease LoI Holders Welfare Society v. State of Rajasthan
T.N. Godavarman Thirumulpad, In re v. Union of India
Paryavaran Suraksha Samiti & another v. Union of India & Ors. WP (CIVIL) No. 375/2012 [Para 81]
Tata Housing Development Company Ltd v. Aalok Jagga and others
Gujarat Pollution Control Board v. M/s. Nicosulf Indst.& Exports Pvt Ltd
U.P. Pollution Control Board v. M/s. Mohan Meakins Ltd. and Others
Intellectuals Forum v. State of A.P.
Tirupur Dyeing Factory Owners Assn. v. Noyyal River Ayacutdars Protection Assn.
T.N. Godavarman Thirumulpad (104) v. Union of India [(2008) 2 SCC 222] [Para 63]
M.C. Mehta v. Union of India [(2009) 6 SCC 142] [Para 63] Subash Kumar v. State of Bihar
State of Karnataka v. State of Andhra Pradesh
A.P. Pollution Control Board II v. Prof. M.V. Naidu and Others
The court reaffirmed the 'Polluter Pays Principle', establishing that polluters are absolutely liable for environmental damage and must compensate affected individuals until ecological restoration is....
Local bodies strictly liable for untreated sewage discharge into water bodies; compensation regime enforced at Rs.5-10 lakh monthly per default, with monitoring by pollution boards for remediation an....
Municipal bodies must ensure functional STPs and waste management; pollution control boards to monitor compliance, recover environmental compensation for violations, and prosecute defaulters.
The main legal point established in the judgment is that any liability for environmental damages should be based on an assessment of individual industry's impact and should not be a uniform levy base....
The right to a pollution-free environment, including access to clean water, is a fundamental right under Article 21 of the Constitution, necessitating urgent state compliance in pollution control and....
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The court established that environmental regulators can impose compensatory damages as preventive measures under the Water and Air Acts, distinct from punitive penalties, reinforcing the Polluter Pay....
The Rajasthan State Pollution Control Board lacks authority to impose environmental compensation without legislative backing and established procedures. Judicial pronouncements dictate the need for s....
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