The main legal point established in the judgment is the obligation of the units to achieve Zero Liquid Discharge (ZLD) and comply with the court's directions to prevent pollution of the River Noyyal.

The Hon'ble The Chief Justice & T.S. Sivagnanam, J. Contempt Petition No.1013 of 2010 has been filed alleging willful disobedience of the order passed by this Court in W.P.No.29791 of 2003 dated 22.12.2006 and Contempt Petition No.1068 of 2010 has been filed alleging willful disobedience of the order and direction made in W.P.M.P.No.811 of 2008 in W.P.No.29791 of 2003. Since the issue involved is common the petitions were heard together and a common order is passed in these petitions.

2. Before examining as to whether there has been any disobedience or willful disobedience of the order, it is necessary to understand the background of the present matter as the case has a checkered history.

3. Essentially the grievance expressed in the writ petition is against the Bleaching and Dyeing Units of Tirupur area on account of their indiscriminate discharge of trade effluent into the river Noyyal, resulting in pollution of the river causing a great impact on the environment.

4. We have heard the learned counsel appearing for the parties elaborately and considered the materials available on record.

5. River Noyyal is a tributary of river Cauvery and the river flows through Coimbatore, Palladam, Dharapuram, Perundurai, Kangeyan and Karur and joins river Cauvery near Noyyal village of Karur District. It is stated that the river fills up several large tanks along its course and three important irrigation structures namely Muthur Barrage, Athupalayam Reservoir and Orathapalayam Reservoir are the sources of irrigation of more than 40,000 acres of agricultural lands.

6. The "war" against the polluters commenced in 1996 when an Association of Agriculturist namely, Karur Taluk Noyyal Canal Agriculturists Association filed a Writ Petition before this Court in W.P.No.1649 of 1996, praying for a direction upon the Tamil Nadu Pollution Control Board (TNPCB) to take action against the polluting dyeing and bleaching units of Tirupur area. The TNPCB filed a report dated 29.11.1996 regarding all the Units in Tirupur area and stated that a Common Effluent Treatment Plants (CETPs) would be established to treat the trade effluents arising from the Units. Ultimately the Writ Petition was disposed of by an order dated 26.2.1998, on the basis of a joint memo filed by the parties whereby, the Industries were allowed to operate as an interim measure for three months and if they failed to obtain consent from TNPCB within the said period, the TNPCB was directed to implement the environmental laws. Subsequently a prayer was made to extend the time granted in the order dated 26.2.1998, which was rejected by this Court and confirmed by the Hon'ble Supreme Court. Despite the final orders passed based on the joint memo, no appreciable steps were taken to stop Pollution and the Units continued to discharge the effluents into the river. In the above said background, the applicant Association and few other individuals filed Writ Petitions before this Court seeking implementation of the joint memo dated 11.2.1998 and also for a further direction to clean the river water stored at Orathapalayam Dam and to prevent future pollution.

7. Several directions were issued in the Writ Petition, reports were called for and ultimately, the Division Bench of this Court passed an order dated 22.12.2006, issuing comprehensive directions as an interim measure keeping the Writ Petition pending. For better appreciation, paragraph No.30 of the order of the Division Bench is reproduced hereunder:-

30. We, accordingly, order and direct as under: -

(a) The CETPs are given time upto the 31st of July, 2007 to achieve the Zero Liquid Discharge (ZLD) of trade effluents subject to the following conditions-

(i) The concerned CETPs are directed to pay a fine on pro rata basis at the rate of six paise per litre from 1st January, 2007 to 31st March, 2007; at the rate of eight paise per litre from 1st April, 2007 to 31st May, 2007; and at the rate of ten paise per litre from 1st June, 2007 to 31st J