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Vellore Citizens Welfare Forum v. UOI

Vellore Citizens Welfare Forum v. UOI

Citation:  AIR 1996 SC 2715

Court :  Supreme Court of India

Facts of the case: The petition was filed under Article 32 of the Constitution by  the Vellore Citizens forum . It was filed against the large-scale pollution caused to River Palar as a result of the release of industrial effluents by the leather tanneries in Tamil Nadu. According to the petitioner, the entire surface and sub-soil water of river Palar has been polluted resulting in non-availability of potable water to the residents of the area. The water of River Palar was the main source of water supply to the residents of the area.

Issue : whether tanneries ought to be permitted to operate at the expense of lives of lakhs of individuals.

Judgment: The case  holds a lot of significance  as it critically analyzed the relationship between environment and sustainable development. It was duly noted by the court that tanneries in India have a lot of economic importance and provides employment to several thousands of people. Even then, the Supreme Court applied the Polluter Pays principle to this case and held that the tanneries are liable to pay for the damage caused to the environment. It was observed that the rule was based on the “nature of activity carried on”. It was stated that the polluting industries are “absolutely liable to compensate for the harm caused by them to the villagers in the affected area, to the soil and to the underground water”. The polluter pays principle as interpreted by the Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. It was observed by the court that compensating for the damages caused is part of the process of “sustainable development” and therefore, a polluter is liable to pay the cost to individual sufferers  as well as the cost of reversing the damaged ecology.

Moreover, the Court also directed the Central Government to constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986 for the implementation of the polluter pays principle. The court opined that the authority should with the help of expert opinion assess the loss to the environment and also identify the victims of the pollution and assess the compensation to be paid to the said victim. The authority should also be given power to determine the compensation to be recovered from the polluters as cost of reversing the damaged environment. This case holds a lot of relevance as this judgment declared “Polluter Pays Principle” to be an integral part of the Indian environmental jurisprudence.