Vellore Citizens Forum, Petitioner v. Union of India and others, Respondents

Abstract

This was a petition against pollution which was caused by the discharge of untreated effluent by tanneries and other industries into agricultural fields, road sides, waterways and open lands, and into the river Palar which is the source of water supply to the residents of the area. According to the petitioner the entire surface and sub-soil water of river Palar had been polluted resulting in non availability of potable water to the residents of the area. It was stated that the tanneries in question had caused environmental degradation in the area. According to the preliminary survey nearly 35,000 hectares of agricultural land in the Tanneries Belt, had become either partially or totally unfit for cultivation. There was evidence that the tanneries and other industries had been exhorted for ten years to control pollution but to no avail. The court ordered the central Government to constitute an authority and confer on it all powers necessary to deal with the situation. The authority was to implement the precautionary principle and the “polluter pays” principle. It would also identify the families who had suffered from the pollution and access compensation and the amount to be paid by the polluters to reverse the ecological damage. The court required the Madras High Court to monitor the implementation of its orders through a special bench to be constituted and called a “Green Bench”.

Full text

Nation.Deci._Vol_3=prelims.pdf

Available in

UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume III, Page 190

References

Cites

Indian Council for Enviro-legal Action and others (Petitioners) v. Union of India and others (Respondents)

Jurisprudence | National - higher court | India | Feb 13, 1996

Keyword: Hazardous substances, Soil pollution/quality, Toxicity/poisoning, Pests/diseases, Polluter pays principle, Court/tribunal, Hazardous waste, Soil conservation/soil improvement, Liability/compensation

Source: UNEP, InforMEA

Cited by

Vellore District Environment Monitoring Committee rep. by its Secretary Mr. R. Rajendran Vs. The District Collector and Ors.

Jurisprudence | National - higher court | India | Jan 28, 2010

Keyword: Hazardous substances, Effluent waste water/discharge, Precautionary principle, Public land, Potable water, Liability/compensation, Polluter pays principle, Water supply

Source: UNEP, InforMEA

M.C. Mehta (Petitioner) v. Kamal Nath and others (Respondents)

Jurisprudence | National - higher court | India | Dec 13, 1996

Keyword: Legal proceedings/administrative proceedings, Public trust doctrine, Effluent waste water/discharge, Public land, Liability/compensation, Common property, Polluter pays principle, Ecosystem preservation, Public water, Wetlands, Public forest

Source: UNEP, InforMEA

M.C. Mehta v. Kamal Nath and Ors

Jurisprudence | National - higher court | India | May 12, 2000

Keyword: Liability/compensation, Polluter pays principle

Source: UNEP, InforMEA

Solanki Jaswantsinh Kalusinh Vs. District Collector and Ors.

Jurisprudence | National - higher court | India | Sep 17, 2009

Keyword: Legal proceedings/administrative proceedings, Effluent waste water/discharge, Groundwater, Liability/compensation, Effluent waste (industrial sources), Freshwater quality/freshwater pollution

Source: UNEP, InforMEA