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Tirupur Dyeing Factory Owners Association Versus Noyyal River Ayacutdars Protection Association and others.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Oct 6, 2009
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of India
Siège de la cour
New Delhi
Juge
Sirpurkar, V.
Verma, D.
Langue
Anglais
Sujet
Eau, Environnement gén.
Mot clé
Eaux usées (source industrielle) Principe de précaution Normes de qualité de l'eau Pollution des eaux douces/qualité des eaux douces Principe pollueur-payeur Développement durable
Résumé
These appeals have been filed against the Judgment and Order dated 22.12.2006 of the Madras High Court. A Public Interest Litigation was filed by the Noyyal River Ayacutdars Protection Association, a registered Association (Respondent No. 1), for seeking directions for preservation of ecology and for keeping the Noyyal river in Tamil Nadu free from pollution. According to the said Association, a large number of industries, some of them respondents before the writ court and appellants herein had indulged in dyeing and bleaching works at Tirupur area and discharging the industrial effluents into the Noyyal river which created water pollution to the extent, that the water of the river was neither fit for irrigation nor potable. The pollution also adversely affected the Orthapalayam reservoir and other tanks and channels of the said river. Respondent-Association stated that earlier a writ petition was filed raising similar issues, which was disposed of by High Court on the basis of Memo of Understanding on the terms that pollution control measures would be implemented and damages shall be paid. The industries were directed to contribute an amount to meet the expenses of cleaning of the dam within a particular period. The industrial unit sought for time for compliance of the directions, which was denied by High Court. In SLP against the said order, Supreme Court issued certain directions to some of the units. On compliance of the directions, the petitions were dismissed. State Government directed study on the restoration of the ecology of river dam etc. As per the study report, there had been no improvement in the quality of water. Hence the writ petition was filed before the High Court. High Court as an interim measure directed payment of fine on pro-rata basis at six paise, eight paise, and ten paise per litre. Hence the present appeal. Appellant contended that the liability of fine was fastened on the unit owners without any basis. This Court vide order dated 12.5.09, directed the Board to inspect the Noyyal River and find out whether any pollution is caused by the factories owned by the members of the appellant Association. In view of inspection report,the Supreme Court held that the members of the appellant Association should ensure the compliance of all the directions including the payment of dues etc. issued by the Court within a period of three months. They shall ensure that no pollution is caused to the river or dam and if cleaning operation has not yet been completed, it shall be completed within the said stipulated period. Undoubtedly, there has been unabated pollution by Association members and they cannot escape the responsibility to meet out the expenses of reversing the ecology. They are bound to meet the expenses of removing the sludge of the river and also for cleaning the Orthapalayam dam. The polluting industries are absolutely liable to compensate for the harm caused by it to villagers or other affected persons of the area, to the soil and to the underground water and hence, the industry is bound to take all necessary measures to prevent degradation of environment and also to remove sludge and other pollutants lying in the affected area The "precautionary principle" and principle of "polluter pays" are the integral "part and parcel of national environmental law", the Supreme Court held. Thus, the Association is bound to compensate the persons who have suffered the loss because of the activity of its members, as water of the river is neither worth for irrigation purpose nor potable. The total liability for environment cleaning being Rs38crore, of which the Association had paid Rs25crore, it must pay the remaining Rs13crore within three months.