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VELLORE CITIZENS WELFARE FORUM vs. UNION OF INDIA AND ORS.

SCR Citation: [1996] Supp. (5) S.C.R. 241
Year/Volume: 1996/ Supp. (5)
Date of Judgment: 28 August 1996
Petitioner: Vellore Citizens Welfare Forum
Disposal Nature: Petition Disposed Off
Neutral Citation: 1996 INSC 952
Judgment Delivered by: Hon'ble Mr. Justice Kuldip Singh
Respondent: Union Of India And Ors.
Case Type: WRIT PETITION (CIVIL) /914/1991
Order/Judgment: Judgment
1. Headnote

Environmental Law 

Constitution of India, 1950 : Articles 21, 47, 48-A and 51-A(g). Environmental pollution-Caused by tannelies-Untreated effluent by tanneries  in State of Tamil Nadu---Discharge of- Thereby polluted sub-soil liver water resulting in non-availability of potable water-Spoiled physico-chemical propelties of soil, making it unfit for cultivation- Held : even though such industries were of vital impotance to country, they could not be pennitted to continue their production unless pollution control devices were set up by, them-Having regard to pollution caused by them, principle of Sustainable Development had to be accepted as a balancing concept--Precautionary Principle and Polluter Pays Principle acceptable as part of environmental law of country and should be implemented--Precautionary environmental measures should be taken by State Govemment and statutory authorities and lack of scientific certainty could not be ground for postponing such measures to prevent environmental degredation - "onus of proof' was on polluting industlies to show that their actions were environmentally benign-Such polluting industries liable to pay compensation for past pollution generated by them-Pollution fine of Rs. 10,000/- imposed on each tannery-Money to be deposited in "Environment Protection Fund" to be utilised for compensating affected persons and restoring damaged environment. 

Articles 32 and 226-Public Interest Litigation-Environmental Pollution-Caused by tanneries in State of Tamil Nadu-Comprehensive directions issued by Supreme Court---However, instead of Supreme Cowt itself monitoring the matter any further, Madras High Court advised to constitute a "Green Bench" to deal with all environmental matters in future-Such "Green Benches" already functioning in some High Courts. 

Environment (Protection) Act, 1986: Section 3(3)-Authority-Central Govemment directed to constitute Authority to be headed by a retired High Court Judge-Authority to have all powers necessary to deal with situation created by tanneries and polluting industries in State of Tamil Nadu-Authority to compute compensation payable by polluting industries to affected individuals and that payable for restoring damaged environment-Authority also to frame scheme in consultation with expert bodies like NEERI, Central Board and State Board for reversing damage caused to ecology and environment.

International Law :

Customary Intemational Law-Rules of -Held : if not contrary to Municipal Law, deemed to be incorporated in domestic Law. 

2. Case referred
3. Act
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4. Keyword
  • Environmental Law