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SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ.
Vellore District Environment Monitoring Committee Rep. By Its Secretary Mr. R. Rajebdran – Appellant
Versus
The District Collector, Vellore District & Others – Respondents
Civil Appeal Nos. of 2025 (Arising out of SLP (C) Nos. 23633 – 23634 of 2010)
With
All India Skin And Hide Tanners And Merchants Association – Appellant
Versus
Loss Of Ecology (Prevention & Compensation Authority) Rep. By Its Member Secretary And Others – Respondents
Civil Appeal No. of 2025 (Arising out of SLP (C) No. 26608 of 2011)
Decided On : 30-01-2025
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 elements are worshipped as Gods since time immemorial. Our forefathers knew the importance of preserving the environment both for their own well- being and for the benefit of future generations. However, over time, human greed has led us to forget this wisdom, treating nature as expendable at our expense and that of future generations. The degradation of the natural resources and pollutions of different kinds have a cascading effect on the environment, which now is a global issue and poses a threat to the very existence of our planet. Such degradation is the catalyst for the drastic climatic changes and challenges that we are facing now. The pollution and depletion of water resources, more particularly groundwater, is a foreseeable threat to all living beings. India produces 13 percent of the world’s leather and the leather market in India is valued at approximately Rs.40,000 crores1[CLRI Report]. It is a key foreign exchange earning sector for India being the 2nd largest global exporter and provides employment to lakhs. Tannery clusters are often located in areas with limited opportunities for livelihood. Not only does this industry contribute significantly to the national economy, but the States of Tamil Nadu, Uttar Pradesh, West Bengal and Punjab also have heavy economic dependencies on it. Despite its economic importance, a heavy price is being paid by the residents of areas surrounding tanneries and the workers employed therein, particularly, in terms of health impact, land degradation and an overall decreased quality of life. For years, environmental degradation has been rampant and it is time that a final lid be put to such activities that degrade the environment in violation of law. While acknowledging the economic importance of the industry, this Court shall not be a mute spectator to the environmental consequences and the loss of life and health caused by the waste generated by tanneries. There is an urgent need to strike a balance between competing interests, evolving and implementing sustainable solutions. Development which threatens the existence will serve no purpose. The sustainable development is an imminent requirement. The policies of the States and the actions must thrive towards striking a balance between socio-economic development and preservation of the natural resources for the benefit of the future generations.
II. RELIEF SOUGHT
3. The challenge made in these appeals (arising out of SLP Nos.23633-23634 of 2010) is to the common order dated 28.01.2010 passed by the High Court of Judicature at Madras2[Hereinafter shortly referred to as “the High Court”], in WP Nos. 8335 of 2008 and 19017 of 2009, whereby, the High Court dismissed the first writ petition filed by the appellant herein viz., Vellore District Environment Monitoring Com
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