The main legal point established in the judgment is the entitlement to interest on compensation for environmental damage, emphasizing the protection of the environment and the rights of affected individuals.

Elipe Dharma Rao,J

The petitioner is the owner of the land bearing T.S.No.6/1 to an extent of 2.59.0 hectare, T.S.No.6/3 to an extent of 0.09.0 hectare, T.S.No.6/5 to an extent of 0.11.0 hectare and in all total extent of 2.68.0 hectare, with a well situated in the said survey number, to irrigate the above stated lands, in Block-2, Ward-B, Tharvazhi Village, Ambur Town, Vaniyambadi Taluk, Vellore District.

2. It is the case of the petitioner that the Vellore Citizen Welfare Forum had filed a writ petition in W.P.No.914 of 1991 before the Honble Supreme Court of India for the protection of thousands of innocent lives, suffering from serious air and water pollution being caused by enormous discharge of untreated effluents by the tanneries into agricultural fields road sides, waterways and open lands in North Arcot District (Vellore), Tamil Nadu and pursuant to the directions of the Honble Supreme Court vide its Order dated 28.08.1996, the Central Government constituted a body namely, Loss of Ecology Authority, the second Respondent to implement the precautionary principle and the Polluter pays Principle and to assess the loss to the ecology/Environment in the affected areas and to identify the individuals/families who have suffered by the pollution to assess the damages caused to the individuals/families and to collect the compensation from the tanneries and to distribute the same to the individuals/families. The award of compensation covers for the period from 12th August, 1991 to 31st December, 1998 and the rate of compensation are determined as under:-

TDS in well water used for Compensation payable Irrigation mg/1. in Rs. Per Hectare/Year.

1000+to 2100 Rs. 1,000/-

2100+to 3500 Rs. 2,000/-

3500+to 4900 Rs. 6,500/-

4900 & above. Rs. 14,000/-

3. It is further stated that since the total dissolved solid in the petitioners well water used for irrigation was above 4900 mg/1 and the authority to fix Rs.14,000/- per hectare per year as compensation, the second Respondent is liable to pay the petitioner a sum of Rs.2,77,648/- as on 31.12.1998 (R.14,000/- x 2.68 x 7.4 years = Rs.2,77,648/-from 12th August, 1991 to 31st December, 1998) together with interest till date.

4. It is further stated that the petitioner filed a writ petition in W.P.No.2006 of 2004 for a direction to the second Respondent to examine the claim of compensation of Rs.2,77,648/- with interest and this Court vide order dated 10.09.2004 directed the second Respondent to consider the representation within a period of two months. Thereafter, the second Respondent vide letter dated 01.10.2004, considered the claim of the petitioner and found that the petitioner is eligible for compensation and that the actual amount of compensation would be known to the petitioner while disposing of all other individual claim petitions before the second Respondent. Thereafter, the petitioner on 22.02.2005 represented in person to the second Respondent authority to enquire about the actual amount of compensation to be paid to him and it was informed by the Secretary to the second Respondent authority that his claim petition have been taken as additional beneficiaries and that the compensation amount could be disbursed to him on the basis of latest water sample of the well water which was taken very recently and as per the order of the Honble Supreme Court, award of compensation covers for the period of August, 1991 to 31st December 1998 and that during interregnum period the well water and cultivable lands were very much affected due to the effluent water discharge from tanning industries and there was no prosperous agriculture from the year 1991 onwards and the petitioner incurred heavy loss and that if the second Respondent could decide the compensation as per the latest TDS results, it will be disproportionate and would result in injustice as the neighbours of the petitioners lands were being paid compensation as per the TDS above 4900 mg/l obtained then and that the new