Vellore District Environment Monitoring Committee v. The District Collector, Vellore District & Ors.
Case at a glance
Provisions considered
Judgment
CONTENTIONS OF THE PARTIES 19 – 59 ANALYSIS A BASIC PRINCIPLES 60 – 91.1 60 – 64 B POLLUTION CAUSED BY TANNERIES 65 – 66 C CURRENT STATUS OF POLLUTION 67 – 70 D LIABILITY TO PAY COMPENSATION 71 – 73 E DEEMING FICTION AND PRECAUTIONARY PRINCIPLE 74 – 78 F DETERMINATION OF COMPENSATION 79 – 81 G GOVERNMENT PAY PRINCIPLE 82 – 83 VIS-À-VIS RESPONSIBILITY OF THE GOVERNMENT H REDUCTION OF POLLUTION I PROVISIONS OF THE WATER ACT ECOCIDE 84 – 87 88 – 90 92 DISCUSSION AND FINDINGS 93 – 113 CONCLUSION 114 RESULT AND DIRECTIVES 115 – 118 IV V VI VII VIII IX X Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others 1274 [2025] 1 S.C.R. I. PREFATORY NOTE
Nature and its elements are worshipped as Gods since time immemorial. Our forefathers knew the importance of preserving the environment both for their own well- being 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 2nd 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. 1 CLRI Report Supreme Court Reports [2025] 1 S.C.R. 1275 II. RELIEF SOUGHT
The challenge made in these appeals (arising out of SLP Nos.23633- 23634 of 2010) is to the common order dated 28.01.2010 passed by the High Court of Judicature at Madras2, in WP Nos. 8335 of 2008 and 19017 of 2009, whereby, the High Court dismissed the first writ petition filed by the appellant herein viz., Vellore District Environment Monitoring Committee and disposed of the latter writ petition filed by the appellant viz., All India Skin and Hide Tanners and Merchants Association3. Besides, the AISHTMA has preferred an appeal (arising from SLP(C)No.26608 of 2011) against the order dated 08.02.2010 passed by the High Court in dismissing W.P.No.22683 of 2009 filed by them.
For ease of reference, the reliefs sought in the aforesaid writ petitions are quoted below: W.P.No.8335 of 2008: To issue a Writ of Mandamus, directing the respondents to ensure that the compensation payable to all affected individuals/families as contained in the report and Award dated 07.03.2001 passed by the Loss of Ecology (Prevention and Payment of Compensation) Authority4 for the State of Tamil Nadu is paid and all industries in default being subject orders of closure and initiate proceedings under the Revenue Recovery Act, 1890, for recovery of compensation and that compensation be assessed for the further loss caused to individual/ families from 31.12.1998 till date and implementation of appropriate scheme for reversal of damage to ecology and infrastructure be effected within a reasonable time frame and to ensure that there are no discharges from any tanneries in and around Ambur and Vaniyambadi land/water body. W.P.No.19017 of 2009: To issue a Writ of Certiorari to call for the records relating to the order passed by the respondent / LoEA, dated 05.05.2009 with regard 2 3 4 Hereinafter shortly referred to as “the High Court” For short, “the AISHTMA” For short, “the LoEA” Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran v. The District Collector, Vellore District & Others 1276 [2025] 1 S.C.R. to the assessment of damage to ecology in Vellore District beyond 1998 and quash the same. W.P.No.22683 of 2009: To issue a writ of certiorari to call for the records relating to the award and report for Vellore District, dated 24.08.2009 passed by the respondent / LoEA and quash the same. III. FACTUAL OVERVIEW (A) GENESIS OF THE LITIGATION
Vellore District is one of the oldest and largest Districts in Tamil Nadu lying on the banks of River Palar. Palar River is the source of drinking water for 30 towns and 50 villages along its banks. This river which was celebrated in literature, poetry, music, is now sullied by the operation of industries, especially, the tanning industry, which has been discharging effluents and dumping solid waste directly into the river and its channels, thereby making it unfit for drinking or agricultural purposes. Tanning industries which are the main source of income for the Vellore District, convert animal hides and skins into leather. Around 45% of the total tanneries in India are located in Tamil Nadu. More than 600 tanneries are situated in various clusters of Vaniyambadi, Ambur, Ranipet, Pernambut in the Vellore District. Though these industries have significant socio-economic impacts through employment and earnings, they have gained a negative image in society due to the pollution they generate.
Leather processing involves a series of unit operations, including pre-tanning, tanning, and post-tanning/finishing. At each stage, various chemicals are used, and a variety of materials are expelled, in addition to 35 - 40 litres of water used per kilogram of hide processed. Moreover, excessive amounts of chemicals are used in treatment drums, and it has been reported that 50% of the chemicals used in these processes become wastewater or sludge. The tanning process is almost wholly a wet process that consumes high amount of water, estimated at 34 - 56 of water per ton of hides or skin processed with 85% of the total water consumed being discharged as wastewater. Processed water consumption and consequently wastewater effluent discharge varies greatly between tanneries, Supreme Court Reports [2025] 1 S.C.R. 1277 depending on the processes involved, raw materials, and products. A survey5 reports that tannery wastewater is highly polluted in terms of suspended solids, nitrogen, sulphate, sulphide, chloride, Biological Oxygen Demand (BOD), Chemical Oxygen Demand (COD), and chromium. The tanning industries have been operating with little or no pollution control for more than a century. It was only after 1980 that the treatment of the tannery wastewater was carried out6. (B) VELLORE CITIZENS WELFARE FORUM CASE
Highlighting the pollution caused by untreated effluents discharged by tanneries and other industries in the State of Tamil Nadu into the River Palar, which is posing a great threat to the ecosystem and resulting in the non-availability of potable water in the area, a Non-Governmental Organization viz., Vellore Citizens Welfare Forum filed a Public Interest Litigation in W.P.(C)No.914 of 1991 before this Court, praying to issue a Writ of Mandamus, directing the respondents therein viz., Union of India and the State of Tamil Nadu, to immediately pay adequate compensation to the victims of pollution and to those who lost their lives, food crops, vegetation, trees, agricultural land, wells and suffered severe hardship due to irresponsible and negligent act of polluting tanneries and recover the amount to be paid in compensation to the affected people from the polluting tanneries. By judgment dated 28.08.19967, the said writ petition was disposed of by this Court with the following directions: “1. The Central Government shall constitute an authority under S.3(3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to deal with the situation created by the tanneries and other polluting industries in the State of Tamil Nadu. The authority shall be headed by a retired judge of the High Court and it may have other members preferably with expertise in the field of pollution control and environment protection to be appointed by the Central Government. The Central 5 6 7 [Mondal, N., Saxena, V. and Singh, V. (2005) Impact of Pollution due to Tanneries on Groundwater Regime. Current Science, 88, 1988-1994] Journal of Chemical and Pharmaceutical Sciences - Tannery process and its environment impacts a case study : Vellore District, Tamil Nadu ISSN::0974-2115
Questions this judgment answers
Which statutory provisions did this judgment involve?
Revenue Recovery Act, 1890; Water (Prevention and Control of Pollution) Act, 1974 — ss. 24, 25; Environment (Protection) Act, 1986; Environmental Conservation Act, 1989; Contempt of Courts Act, 1971; Constitution of India — art. 226.
Which court decided this case, and when?
Supreme Court of India, on 30 Jan 2025. The bench was B PARDIWALA, R MAHADEVAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.