ORDER

The Issue

1. This order will deal with above three applications in view of common question of pollution of Periyar River stretch in Kerala.

2. Proceedings in O.A. 395/2013 commenced on a letter of a former Kerala High Court Judge dated 04.06.2012, addressed to the Acting CJ of the High Court, leading to registration of W.P. 14947 of 2012, before the Kerala High Court, later transferred to this Tribunal vide order of the High Court dated 21.08.2013.

3. Proceedings in O.A. No. 396/2013 arise out of W.P. 30123 of 2007 filed before the Kerala High Court and transferred to this Tribunal vide order dated 21.08.2013, after being dealt with by the Kerala High Court for about six years.

4. O.A. 242/2016 was directly filed before this Tribunal and later tagged to these matters.

5. Thus, the matter has been before the Kerala High Court and later before this Tribunal for the last 15 years. Inspite of repeated directions in these proceedings and other separate orders of Hon’ble Supreme Court and this Tribunal in other proceedings, covering the issue raised herein, the pollution of Periyar River is still continuing, to the detriment of public health and environment and in breach of public trust doctrine as well as Constitutional obligation of providing clean environment to the citizens.

6. We may refer to averments in Writ Petition 30123 of 2007 projecting the problem. Eloor is a river island on the River Periyar around 17 kms. from its mouth of the Arabian Sea near the city of Cochin, the commercial capital of Kerala. It occupies an area of 11.21 square kilo metres. Eloor supports the largest industrial belt in Kerala with over 247 chemical industries. The industries make a range of chemicals-petrochemical products, pesticides, rare earth elements, rubber processing chemicals, fertilizers, zinc/chrome products and leather products. Most of these industries are over 50 years old and employ the most polluting of technologies. The industries take in large amounts of fresh water from the River Periyar and in turn discharge concentrated effluent with nominal treatment. This leads to the large scale devastation of aquatic life in the river and the farm lands in the region. There are more than 30 effluent pipes spewing toxins into the river directly from the industry. Air emissions range from acid mist to Sulphur dioxide, Hydrogen Sulphide, Ammonia and chorine gas. Air pollution within industrial environment has been noted. A research conducted by the Green Peace analyzed the high rates of death at Eloor due to Cancer, Birth defects, Bronchitis, Asthma and depression as a result of concentrate effluent discharge with nominal treatment.

7. Green Peace investigation of the Hindustan Insecticides Ltd. Udyogamandal Industrial Estate gave a strong indication that activities at the Hindustan Insecticides Ltd. plant in Kochi, Kerala have resulted in substantial contamination of the Kuzhikandam thodu creek with DDT, Endosulfan, HCH (BHC) and a wide range of other hazardous organo-chorine chemicals and are resulting in the ongoing release of many of these chemicals to the environment. DDT and other organo-chorines were also detectable in the wetlands surrounding the plant.

8. There are four thodus - Kuzhikandom thodu, Panachithodu, Pallipuram chal and Unthithodu which all lead to the Periyar River. Respondents 6 to 8 factories are situated very close to the above said four thodus. Due to the dumping of hazardous waste generated from the industrial units of the respondents 6 to 8 factories, the fishes and other livings of the water are dying day by day and also adversely affecting the life and health of the neighboring inhabitants due to the discharge of poisonous smoke, etc at the instance of the nearby factories. The applicant earlier took proceedings against such violations by way of O.P. 20392/03 before the High Court and authorities. Discoloration of Periyar River has become a continuous phenomenon due to the industrial effluents. Sample test reports dat