SC Issues Landmark Directions In Vellore River Pollution Case

It is most refreshing, most reassuring and so also most rejuvenating to learn that the Supreme Court in a most learned, landmark, logical and latest judgment titled Vellore District Environment Monitoring Committee v. The District Collector, Vellore District & Others in Neutral Citation: 2025 INSC 131 in the exercise of its civil appellate jurisdiction authored by Hon'ble Mr Justice R Mahadevan for a Bench of Apex Court comprising of Hon'ble Mr Justice JB Pardiwala and himself has issued several landmark directions in a case pertaining to huge pollution due to tanneries that was damaging Palar river in Vellore district in Tamil Nadu on a large scale. It must be mentioned here that the Apex Court was hearing a batch of Civil Appeals that had been preferred against the common order of the Madras High Court by which it had dismissed the Writ Petition of Vellore District Environment Monitoring Committee and disposed of the latter Writ Petition that had been filed by All India Skin and Hide Tanners and Merchants Association (AISHTMA). The top court was of the unequivocal view in underscoring that nature and its elements are worshipped as Gods since time immemorial and our forefathers knew the undying and invaluable importance of preserving the environment both for their own well being and so also for the benefit of future generations. No denying or disputing it!

At the very outset, this brief, brilliant, bold and balanced judgment sets the ball in motion by first and foremost putting forth in para 2 that, "Nature and its elements are worshipped as Gods since time immemorial. Our forefathers knew the importance of preserving the environment both for their own wellbeing and for the benefit of future generations. However, over time, human greed has led us to forget this wisdom, treating nature as expendable at our expense and that of future generations. The degradation of the natural resources and pollutions of different kinds have a cascading effect on the environment, which now is a global issue and poses a threat to the very existence of our planet. Such degradation is the catalyst for the drastic climatic changes and challenges that we are facing now. The pollution and depletion of water resources, more particularly groundwater, is a foreseeable threat to all living beings. India produces 13 percent of the world's leather and the leather market in India is valued at approximately Rs.40,000 crores1 . It is a key foreign exchange earning sector for India being the 2 nd largest global exporter and provides employment to lakhs. Tannery clusters are often located in areas with limited opportunities for livelihood. Not only does this industry contribute significantly to the national economy, but the States of Tamil Nadu, Uttar Pradesh, West Bengal and Punjab also have heavy economic dependencies on it. Despite its economic importance, a heavy price is being paid by the residents of areas surrounding tanneries and the workers employed therein, particularly, in terms of health impact, land degradation and an overall decreased quality of life. For years, environmental degradation has been rampant and it is time that a final lid be put to such activities that degrade the environment in violation of law. While acknowledging the economic importance of the industry, this Court shall not be a mute spectator to the environmental consequences and the loss of life and health caused by the waste generated by tanneries. There is an urgent need to strike a balance between competing interests, evolving and implementing sustainable solutions. Development which threatens the existence will serve no purpose. The sustainable development is an imminent requirement. The policies of the States and the actions must thrive towards striking a balance between socio-economic development and preservation of the natural resources for the benefit of the future generations."

Most significantly, what constitutes the cornerstone of this notable judgment as encapsulated and also laid bare in para 115 which must be definitely implemented most promptly postulates that, "Therefore, we deem it fit to issue certain directions to the stake holders, which are as under:

(i) The State government is directed to pay the compensation amount to all the affected families/individuals, if not already paid, in terms of the awards dated 07.03.2001 and 24.08.2009 passed by the LoEA within six weeks from today,

(ii) The State government is also directed to recover the compensation amount from the polluters, if not already recovered, by initiating proceedings under the Revenue Recovery Act or through any other means permissible by law.

(iii) The State government in consultation with the Central Government, shall within a period of four weeks, constitute a committee, under the chairmanship of a retired High Court Judge and members, comprising of the Secretaries of both the State and Central Departments, environmental experts, representatives from the affected communities, and any other person as it deems fit, for the purpose of conducting an audit to identify, maintain and create a clean and healthy environment in Vellore District.

(iv) The Committee shall carry out the following tasks and ensure its implementation until the damage caused to the ecology is reversed:

(a) In view of the decision arrived at by us, the committee shall scrutinize applications received from affected individuals/families seeking compensation beyond 1998, assess their claims, award compensation, and disburse it from the fund maintained by the Government.

(b) Formulate a comprehensive scheme to reverse the ecological damage in the affected areas. Such a scheme shall incorporate advanced techniques and best practices, as applicable, adopted by other State Governments and foreign countries.

(c) Issue appropriate directions to the State/Central Pollution Control Board and departments to prohibit industries and municipalities from discharging untreated effluents into the River Palar and other water bodies.

(d) Identify critical zones in the district as No Discharge Zones to safeguard the quality of water resources, particularly groundwater, from contamination by industrial and domestic waste.

(e) Identify locations where new CETPs and IETPs are required, and where industries can be feasibly connected to these systems. Based on the same, direct the establishment of such plants to strengthen the pollution control infrastructure.

(f) Address the deficiencies of existing CETPs, IETPs, and other pollution control mechanisms by ensuring their effective functioning and proper maintenance.

(g) Make any other recommendations that may be required to ensure continuous monitoring and compliance of the standards to ensure ZLD within a period of three months and submit a report to the State and central Governments/Boards which shall be implemented by the State/Central Government/Board,

(h) Ensure that State Pollution Control Board/Central Pollution Control Board is strictly complying with the relevant guidelines for monitoring and regulating the industries and file a report before this Court within four months from the date of constitution,

(v) Since pollution is a continuing wrong until the condition is reversed, the polluters shall be liable to compensate the victims and liable for the damage and the Committee constituted as per direction (iii) LoEA (present) is directed to periodically assess and pass appropriate orders till then,

(vi) the State shall implement the suggestions of the committee to formulate and implement a comprehensive rejuvenation plan for the Palar River, which includes removing pollutants, desilting, and ensuring adequate water flow and direct the concerned authorities and bodies to accomplish the same within a time frame,

(vii) The State shall ensure quarterly inspections of tanning industries in the district to assess compliance with environmental regulations and publish a report in its website disclosing all the material particulars. The inspection team shall verify whether the industries are established within permissible distances from prohibited zones, the status of ZLD compliance by the industries, and other relevant aspects.

(viii) the State shall facilitate a conduct of environment audit of each river in the State, ascertain the pollution, degradation, change in storage capacity, depletion of groundwater level and publish the results in the website, newspapers, media, and other public platforms,

(ix) the State shall mandate the installation of IoT-based sensors at discharge points, rivers, and groundwater wells to monitor water quality in real time.

(x) the State shall direct that AI systems shall be employed to analyze the data collected from IoT sensors and industry discharge reports, and any discrepancies from prescribed discharge limits shall be flagged for prompt regulatory response,

(xi) The State Pollution Control Board/Central Pollution Control Board shall in co-ordination with State government, set emission standards for the tannery industry in alignment with international environmental standards and take into consideration the recommendations of national and international regulatory bodies. Additionally, assess the feasibility of imposing effluent charges, which would be levied per unit of waste or discharge released, as a penal measure to enforce compliance,

(xii) The State Pollution Control Board/Central Pollution Control Board shall direct the industries to display effluent and discharge data, including chemical composition, on a publicly accessible notice board every three days and in case the standards are not met, direct the authorities to ensure compliance with the prescribed norms.

(xiii) The Central Government/Central Pollution Control Board shall issue appropriate directions to align the ESG and CSR of the industry/tannery towards voluntary disclosure and compliance of environmental norms,

(xiv) the State Pollution Control Board shall establish platforms through which citizens can report pollution incidents and monitor the corrective actions taken.

(xv) the authorities concerned shall take immediate and strict action against industries that fail to meet compliance standards, including closure in cases of persistent violations.

(xvi) The licencing authorities couched with the power to issue licences, are by virtue of the implied authority, entitled to cancel such licence/permits, not only for the fraud or the misrepresentation made to secure to such licence, but also for violation of the terms and conditions of such licence and any other applicable law, as any licence granted by an authority cannot be used to violate any law of the land and there cannot be any estoppel against law,

(xvii) the State Pollution Control Board shall direct industries and relevant authorities to prioritize the reuse and recycling of waste generated, and work towards the development of sustainable solutions.

(xviii) the State Pollution Control Board shall publish real-time water quality data on an open-access platform to ensure transparency.

(xix) the State/Pollution Control Board shall order the construction and operationalisation of adequate Sewage Treatment Plants (STPs) in urban and peri-urban areas to address wastewater management.

(xx) the State/Pollution Control Board shall issue appropriate directions to ensure that all workers are provided with protective gear and that adequate emergency protocols are in place to prevent untoward incidents and the provisions of the Factories Act and other labour laws, including coverage of health and life insurance schemes, are followed in strict compliance,

(xxi) the State shall direct that every industry/tanner is to conduct annual health checkups for workers to detect potential risks of cancer and other severe diseases and ensure that prompt medical assistance should be provided, ensuring that workers are not left to fend for themselves.

(xxii) The CLRI, MoeF etc., shall invest more resources in training and promoting their eco-friendly technologies to ensure their wide adoption by the industries. The State shall ensure that the industries adopt and follow technologies, suggest by CLRI, MoEF and other relevant authorities to ensure strict compliance with the norms and to ensure ZLD and meet the prescribed standards,

(xxiii) The authority concerned shall direct the Bureau of Indian Standards and relevant industries to explore the possibility of an ethical and sustainability mark/tag, enabling consumers to make informed choices.

(xxiv) The State government shall ensure the implementation of the ban on illegal sand mining and establish a monitoring committee to oversee sand mining operations, utilizing real-time surveillance mechanisms such as drones and GPS, implement stringent action against offenders, including the perpetual seizure of equipment and vehicles involved in illegal mining activities.

(xxv) The State shall form a state-level committee comprising representatives from the Central Pollution Control Board (CPCB), the State Pollution Control Board (SPCB), and the Secretary of Home. This committee should be responsible for presenting an annual compliance report to the concerned High Court or National Green Tribunal (NGT). The CPCB must ensure and render complete co-operation,

(xxvi) The primary task of enforcement lies with the State Pollution Control Boards and concerned District Magistrates. Hence, the State government shall set up a District Level Committee. Any complaint to the District Level Committee headed by the District Magistrate and comprising of SPCB officials must be addressed within 30 days, if there is delay, grounds be conveyed to the complainant. Any complaints against the action which includes inaction shall lie before the State Level Committee and if still the issue is not resolved, NGT may be approached.

(xxvii) the State shall promote schemes/programmes and seminars to promote, encourage, and raise awareness regarding an ecosystem-based approach to water management, coordinate with concerned bodies to rehabilitate wetlands, protect riparian zones, and enhance the overall ecological health of water bodies.

(xxviii) The Central and State Governments shall take adequate measures and allocate funds to maintain a clean and healthy environment."

It is worth noting that the Bench then notes in para 116 that, "With the aforesaid observations and directions,

(a) the order passed by the High Court in WP Nos.8335 of 2008 and 19017 of 2009 stands modified and the appeals filed by the Vellore District Environment Monitoring Committee stands disposed of; and

(b) the order passed by the High Court in WP No. 22683 of 2009, thereby confirming the award dated 24.08.2009 passed by the LoEA, is upheld and the appeal filed by the AISHTMA is dismissed."

What's more, the Bench then holds in para 117 that, "There is no order as to costs. Connected miscellaneous application(s), if any, shall stand disposed of."

Finally, the Bench then concludes by directing and holding in para 118 that, "Post the matters after four months "for reporting compliance"."