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1996 DIGILAW 867 (SC)

Vellore Citizens Welfare Forum v. Union of India

1996-04-09

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : Matters relating to Tanneries in the State of Tamil Nadu 1. Pursuant to this Court's Order dated December 15, 1995. NEERI has submitted districts of the State of Tamil Nadu. A four member team constituted by the Director, NEERI inspected the CETPS from January 27 to February 12.1996 According to the report, at present, 30 CETPs sites have been identified for tannery clusters in the five districts of Tamil Nadu viz., North Arcot Ambedkar, Erode Periyar, Digdigul Anna, Trichi and Chengai M.G.R. All the 30 CETP were inspected by the Team. According to the report, only 7 CETPs are under operation, while 10 are under construction and 13 are proposed. The following 7 ETPs. are under operation: 1. MIs TALCO Ranipet Tannery Effluent Treatment Co. Ltd. Ranipet, Dist. North Arcot Ambedkar 2. M/s TALCO Ambur Tannery Effluent Treatment Co. Ltd. Thuthipet Sector, Ambur, Dist. North Arcot Ambedkar 3. M/s TALCO Vaniyambadi Tanners Enviro Control Systems Ltd., Vaniyambattu, Vaniyambadi, Dt. North Arcot Ambedkar. 4. M/s. Pallavaram Tanners Industrial Effluent Treatment Co., Chrompet Area, 5. M/s. Ranipet SIDCO Finished Leather Effluent Treatment Co. Pvt. Ltd., Ranipet, Dist. North Arcot Ambedkar 6. M/s TALCO Vaniyambadi Tanners Enviro Control Systems Ltd., Udayendiram, Vaniyambadi. Dist. North Arcot Ambedkar 7. M/s. TALCO Pernambut Tannery Effluent Treatment Co. Ltd., Bakkalapalli, Pernambut. Dist. North Arcot Ambedkar. 2. The CETPs mentioned at SI. Nos. 5, 6 and 7 were commissioned in January 1996 and were on the date of report passing through stabilization period. The report indicates that so far as the above CETPs are concerned, although there is Improvement in the performance, they are still not operating at their optimal level and are not meeting the standards as laid down by the Ministry of Environment and Forests and the Tamil Nadu Pollution Control Board for inland surface water discharge. The NEERI has given various recommendations to be followed by the above mentioned units. We direct the units to comply with the recommendations of NEERI within two months from today. The Tamil Nadu Pollution Control Board shall monitor the direction and have the recommendations of the NEERI complied with. So far as the three Units which are under stabilisation, the NEERI Team may inspect the same and place a final report before this Court within the period of two months. 3. The Tamil Nadu Pollution Control Board shall monitor the direction and have the recommendations of the NEERI complied with. So far as the three Units which are under stabilisation, the NEERI Team may inspect the same and place a final report before this Court within the period of two months. 3. Apart from the tanneries which are connected with the above mentioned 7 units, there are large number of other tanneries operating in the 5 districts mentioned above which have not set up any satisfactory pollution control devices. Mr. Mohan, learned counsel for the Tamil Nadu Pollution Control Board states that notices were issued to all those tanneries from time to time directing them to set up the necessary pollution control devices. It is mandatory for the tanneries to set up the pollution control Despite notices it has not been done. This Court has been monitoring these matters for the last about 4 years. There is no awakening or realisation to control the pollution which is being generated by these tanneries. 4. The NEERI has indicated the physicochemical characteristics of ground water from dug wells near tannery clusters. According to the report, water samples show that well-waters around the tanneries are unfit for drinking. The report also shows that the quality of water in Palar river down stream from the place where effluent is discharged, is highly polluted. We, therefore, direct that all the tanneries in the districts of north Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai M.G.R. which are not connected with the seven CETPs mentioned above, shall be closed with immediate effect. None of these tanneries shall be permitted to operate till the time the CETPs are constructed to the satisfaction of the Tamil Nadu Pollution Control Board. We direct the District Magistrate and the Superintendent of Police of the area concerned, to have all these tanneries closed with immediate effect. Mr. Mehta has placed on record the report of Tamil Nadu Pollution control Board. In Statement 1 of the Index, there is a list of 30 industries which have also not been connected with any CETPs. According to the report, these industries have not, till date setup pollution control devices. We direct the closure of these industries also. List is as under: CHENGALPATTU-MGR DISTRICT 1. M/s. Presidency Kid Leather Ltd., Mannivakkam 2. M/s. Citizen Leathers (2) Ltd., Vandalur. 3. M/s. Dolphin Leathers, Karanaipuduchery 4. According to the report, these industries have not, till date setup pollution control devices. We direct the closure of these industries also. List is as under: CHENGALPATTU-MGR DISTRICT 1. M/s. Presidency Kid Leather Ltd., Mannivakkam 2. M/s. Citizen Leathers (2) Ltd., Vandalur. 3. M/s. Dolphin Leathers, Karanaipuduchery 4. M/s. Sri Chamundi Leather, Nedunkundram 5. M/s. Victory Leather. Industries, Kannivakkam 6. M/s. Gem Leather Ltd., Ayyancheri 7. M/s. Rohini Shoes, Nedunkundram 8. M/s. Moolchand Leathers Ltd., Othivakkam 9. M/s. Vazeer Shoes, Vandalur 10. M/s. Mercury Leather Field, Kannivakkam 11. M/s. J & J Leather Enterprises Pvt. Ltd. Nallambakkam 12. M/s. Krish Tanners Pvt. Ltd., Kandigai 13. M/s. Seema Leather Pvt. Ltd., Kundrathur 14. M/s. C. Shanmugam & Co., Pammal 15. M/s. Maypar Leather Manufacturing Co., Ltd. Old Pallavaram 16. M/s. Chevro Leather Manufacturer, Padupakkam 17. M/s. Kid Leather Pvt. Ltd., Pudupakkam 18. M/s. Bokiyu Tanneries Ltd., Pudupakkam 19. M/s. Meenakshi & Co., Melakottiyur 20. M/s. Arul Leathers, Melakottiyur 21. M/s. Siraca Kid Leathers, Pudupakkam 22. M/s. Makara Leathers Manufacturing Co. Madras-98 23. M/s. Sreenivas & Co., Madhavaram, Madras-60 24. M/s. Mathi Leathers Pvt. Ltd., Ambattur, Madras-98 25. M/s. Sreenivas Leathers Pvt. Ltd., Madhavaram, Madras-60 26. M/s. Sandoz India Ltd., Madhavaram, Madras-60 PERIYAR DISTRICT 27. M/s. Rathinam & Pathinam Tannery 'B' Unit, Naripallam 28. M/s. R. Rasa Gounder & Sons Tannery, Mullampatti PUTHUKOTTAI DISTRICT 29. M/s. Rarel leathers Pvt. Ltd., Kalamavur SOUTHARCOT VALLAR DISTRICT. 30. M/s. Hindustan Lever Ltd., Marungur Village 5. We direct the District Magistrate and the Superintendent of Police of the area concerned to have all the above mentioned industries closed forthwith. 6. The Tamil Nadu Pollution Control Board has filed another report dated January 18, 1996 pertaining to 51 Tanneries. There is dispute regarding the permissible limit of the quantity of total dissolved solids (TDS). Since the NEERI team is visiting these tanneries, they may examine the TDS aspect also.and advise this Court accordingly. Meanwhile, we do not propose to close any of the tannery on the ground that it is discharging more than 2001 TDS. 7. The report indicates that except the 17 units, all other units are non-complaint units in the sense that they are not complying with the BOD standards. Excepting these 17 industries, the remaining 34 tanneries listed hereunder are directed to be closed forthwith. 1. S.K. Senjan Chettiar & sons, Peddakallupally, Near Vaniyambadi 2. Farida Primary Tannery, 'A' Unit, Thuthipet, Ambur 3. The report indicates that except the 17 units, all other units are non-complaint units in the sense that they are not complying with the BOD standards. Excepting these 17 industries, the remaining 34 tanneries listed hereunder are directed to be closed forthwith. 1. S.K. Senjan Chettiar & sons, Peddakallupally, Near Vaniyambadi 2. Farida Primary Tannery, 'A' Unit, Thuthipet, Ambur 3. Farida Primary Tannery 'C' Unit, Ambur 4. T. Abdul Wahid & Co*, 'C' Unit, Ambur 5. Shafeeq Shameel & Co., Thuthiper, Ambur 6. A.S. Nizar Ahmed & Co., Thuthiper, Ambur 7. N.M. Zackriah & Co., Thuthiper, Ambur 8. Aadil Ashfaq & Co., Thuthiper, Ambur 9. Rumana Leathers, ambur 10. Montari Leathers, Vellore 11. M.R.M. Ramaswamy Chettiar & Sons, Karugambattur, Vellore 12. Ganappa Leathers Pvt. Ltd., Pachkuppam, Near Ambur 13. R.S.L. Industries Ltd., 'B' Tannery, Vaduganthangal, Gudiyattam 14. Hebeeb Tanning Co., Ammanangupam village, Near Gudiyattam 15. C.A. Akthar & Co., Ratnagiri 16. T.M. Abdul Rahman & Sons, Raniper 17. M.A. Khizar Hussain & Sons (Semi- finishing unit) Ranipet 19. Khizari Leathers, Raniper 20. Teeyem Leathers, Raniper 21. M.R.F. Ltd. (Leathers Division), Mukundarayapuram, Ranipet 22. Taurus Leathers Pvt. Ltd., Ranipet 23. Salaamath leather Industries, Melpudupet Walajah 24. Mumbeen Leathers, Krishnavaram, Arcot 25. Venkateswara Leathers Pvt. Ltd., SIPCOT, Ranipet 26. V.K. Matheen & Co., Melvishram 27. Hansa Leather Exports, Melvisharam 28. Paragon Tanning Co., Melvisharam 29. Intercontinental Leathers, SIPPCOT, Ranipet 30. S.R.S. Leathers, SIPCOT, Ranipet 31. Crecent Board Industries, SIDCO, Ranipet 32. Habeeb Leathers, Katharikuppam Gudiyattam 33. TALCO Tannery, Vinnamang,alam, Near Vaniyambadi 34. Chandra & Co., Vinnamangalam;, Near Vaniyambadi 8. We direct the District Magistrate and the Superintendent of the Police of the area concerned to have all these industries mentioned above closed forthwith. The tanneries in the 5 districts of Tamil Nadu referred to in this order have been operating for a long time. Some of the tanneries are operating for a period of more than two decades. All this period, these tanneries have been polluting the area. Needless to say that the total environment in the area has been polluted. We issue show cause notice to these industries through their learned counsel who are present in Court, why they be not subjected to heavy pollution fine. All this period, these tanneries have been polluting the area. Needless to say that the total environment in the area has been polluted. We issue show cause notice to these industries through their learned counsel who are present in Court, why they be not subjected to heavy pollution fine. We direct the State of Tamil Nadu through the Industry Ministry, the Tamil Nadu Pollution Control Board and all other authorities concerned and also the Government of India through the Ministry of Environment and Forests, not to permit the setting up of further tanneries in the State of Tamil Nadu. 9. Copy of this order be communicated to the concerned authorities within three days. To come up for further consideration after the replies to the show cause notice are filed. 10. There are large number of tanneries in the State of Tamil Nadu which have set up individual pollution control devices and which according to the Tamil Nadu Pollution Control Board, are operating satisfactorily. The fact, however, remains that all these tanneries are discharging the treated effluents within the factory precinct itself. We direct NEERI Team which is visiting this area to find out as to whether the discharge of the effluent on the land within the factory premises is permissible environmentally. M/ s. Nandeem Tanning Company, Valayampet, Vaniyambadi is one of such industries. Copy of the report submitted by the Tamil Nadu Pollution Control Board be forwarded to the NEERI. NEERI may inspect this industry within ten days and file a report in this Court. Copy of this order be communicated to NEERI. Matters regarding Distilleries in the State of Tamil Nadu 11. The Tamil Nadu Pollution Control Board has placed on record the factual report regarding 6 Distilleries mentioned in page 4 of the Index of its Report dated April 5, 1996. Learned counsel for the Board states that the Board shall issue necessary notices to these industries to set up pollution control devices to the satisfaction of the Board failing which these distilleries shall be closed. The Pollution Control Board shall place a status report before this Court. S.L.P. (C) No. 1227-1229/1996 12. Special leave granted. To be heard on the SLP Paper Book. Printing dispensed with. The parties shall file additional papers, if they so wish, within one week List the matters on May 1, 1996, along with application for intervention.