Indian Council for Enviro-legal action v. UOI

Court: Supreme Court

Citation: Writ Petition (C) No. 967 of 1989

Bench: Justice B.P. Jeevan Reddy, Justice B.N Kirpal

Facts:

The petitioner, the Indian Council for Enviro-Legal Action brought this action to stop and remedy the pollution caused by several chemical industrial plants in Bichhri village, Udaipur District of Rajasthan. The respondents, including Hindustan Agro Chemicals Limited, worked heavy industry plants in Jyoti Chemicals, producing chemicals such as Oleum (concentrated form of sulphuric acid), Single Super Phosphate and ‘H’ acid. The respondents argued that, subject to certain conditions, the Rajasthan Pollution Control Board had granted a ‘No Objection Certificate’ for the production of sulphuric acid and alumina sulphate.

This machine, however, altered the product without the Board ‘s approval. It began processing Oleum and Single Super Phosphate (SSP) instead of sulphuric acid. The consent was then denied by the unit on 16-02-1987. Directions for closing the unit were also given, but the respondents worked these plants without licences, which caused significant environmental contamination and affected people’s health. No equipment for the treatment of highly toxic effluent discharged by them was installed.

Issue:

Whether the factories are liable to be shut down.

Decision:

The Supreme Court, on the basis of several reports and findings, ordered the closure of all the Hindustan Agro Chemicals Limited and Jyoti Chemicals plants and factories located in the village of Bichhri. The Court held that these factories caused untold suffering on the poor, unsuspecting peasants, spoiling their land, their water supplies and their entire ecosystem, all in pursuit of their private benefit, calling them rogue factories that faili to comply with legislations relating to pollution prevention and control. The Court therefore ordered the closure of all such plants.

As regards the demand for damages for the loss suffered by the villagers in the area concerned, the Court ordered the affected persons or any organisation to bring proceedings before the competent civil court on their behalf. Finally, both the Central Government and the Rajasthan Pollution Control Board were ordered by the Court to file quarterly reports before the Court regarding progress in implementing the directions.