NEW DELHI: The Supreme Court on Thursday issued a series of stringent directives to address the severe environmental degradation caused by tannery industries in Tamil Nadu’s Vellore district, ordering that the state must recover the cost of ecological restoration and compensation for affected communities from industries responsible for discharging untreated effluents into the Palar River.
A bench comprising justices JB Pardiwala and R Mahadevan said the environmental damage was “irreversible”, and highlighted the catastrophic impact on water bodies, groundwater and agricultural lands, which has led to economic hardship for farmers and posed significant public health risks.
It added that the extensive damage caused to the environment in Vellore could be categorised as “ecocide” — unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment.
Underlining the “polluter pays” principle, the directions include compensation for affected families, recovery of damages from polluting industries and the creation of an expert panel to assess and mitigate the damage.
The ruling represents a significant step toward enforcing corporate and governmental accountability for environmental protection. By ensuring that industrial polluters bear the cost of restoration and compensation, the judgment sets a strong precedent for environmental justice.
Despite claims that tannery industries had established effluent treatment plants, the court noted that they had failed to achieve the required standards, and that the pollution of the river continued unabated. Expressing strong disapproval of the failure of industries to comply with environmental laws, the court issued a “continuing mandamus” to ensure sustained judicial oversight of the issue. It directed that compliance reports be submitted every four months and made it clear that failure to comply would result in severe consequences.
The judgment underscored that uncontrolled discharge of untreated or partially treated effluents by tanneries had not only devastated the environment but also endangered human life and public health.
“The tanneries by discharging untreated or partially treated effluents into the river Palar and surrounding areas have resulted in irreversible damage to the waterbodies, groundwater and agricultural lands. This environmental degradation has impoverished local farmers and has caused human suffering to the local residents and the tannery workers thereby endangering public health and life,” the bench said.
The verdict further noted that the polluting industries had acted without authorisation and in blatant violation of the environmental standards prescribed by the regulatory authorities. Reports submitted before the court indicated that the industries had not achieved zero discharge levels and continued to flout statutory guidelines. Taking these findings into account, the top court declared that urgent and strict measures were necessary to remedy the situation and prevent further harm.
The court directed the state government to pay compensation to the affected families and individuals in accordance with the awards dated March 7, 2001, and August 24, 2009. It further directed that the compensation amount be recovered from the polluting industries, ensuring that the financial burden does not fall on the public exchequer but on those responsible for the damage.
To ensure a thorough assessment of the ecological damage and the implementation of corrective measures, the court ordered the state, in consultation with the central government, to constitute a high-level committee within four weeks. This committee, to be chaired by a retired high court judge, would include secretaries from relevant union and state government departments, environmental experts, representatives from affected communities, and other stakeholders. The court mandated that the committee conduct an environmental audit and oversee the implementation of measures aimed at reversing the damage.
The Supreme Court made it clear that pollution is an ongoing issue that must be addressed until the ecological damage is fully reversed, and held that polluters remain liable for compensating victims and restoring the environment until the damage is undone.
The court ordered the state government to implement a long-term restoration plan for the Palar River, which would involve the removal of pollutants, ensuring adequate water flow, and executing a sustainable conservation strategy, besides an environment audit of all the rivers in Tamil Nadu. Additionally, the court directed regular inspections of tannery industries in Vellore to assess compliance with environmental laws and instructed the authorities to publish reports disclosing all material findings. It stressed that industries must be verified for their location and proximity to restricted zones.
The bench further directed the Center and state pollution control boards to collaborate in setting strict emission standards for the tannery industry, underlining that these standards must align with international environmental norms and should be framed after considering recommendations from both national and global regulatory bodies.
The judgment also raised the possibility of imposing penal effluent charges on polluters, ensuring that industries are held accountable for every unit of waste they discharge. The court directed the state pollution control board to establish mechanisms for citizens to report pollution incidents and actively monitor compliance with environmental regulations.
Recognising the need for stringent enforcement, the court empowered licensing authorities to revoke licenses of industries that obtained approvals through misrepresentation or violated environmental norms.
Thursday’s ruling is a continuation of the 1996 landmark judgment by the Supreme Court in Vellore Citizens Welfare Forum Vs Union of India, which was the first to acknowledge the “polluter pays” principle in India, as laid down in the Indian Council for Enviro-Legal Action case. That case led to the creation of the Loss of Ecology (Prevention and Payment of Compensation) Authority, which assessed compensation for victims of pollution and worked towards ecological restoration of the Palar River. In its 2001 award, the authority identified 29,193 affected individuals and families and assessed damages at ₹26.82 crore for pollution between August 2, 1991, and December 31, 1998. The authority had also made it clear that polluting industries remained liable for compensation beyond 1998 until the environment was fully restored. The orders on award were assailed before the Madras high court, ultimately landing before the Supreme Court.
