Vellore District Environment Monitoring Committee Rep. by its Secretary Mr. R. Rajebdran vs The District Collector, Vellore District & Others

Held: Award of the LoEA pursuant to Vellore Citizen Welfare Forum, clearly mentioned that the liability of the industries continues until the damage caused to the ecology and environment by pollution is reversed – Industries have taken steps to achieve Zero Liquid Discharge-ZLD and to reverse the damage caused to the ecology, deposited certain sums – However, the same have not been achieved till date and still remain a work in progress – As such the industries will remain responsible for the further and continuing pollution caused to the ecology – Polluting industries are liable to reverse the damage to the environment and ecology as long as the tanneries continue to pollute the environment – At the same time, the Government has not implemented the scheme for reversal and restoration of ecology till date, despite the LoEA having drafted the same in 2001 itself – Details of the affected individuals/families having not been ascertained, cannot be a reason to withhold the compensation amount payable to the affected individuals/families, until the damage caused to the ecology is reversed – By applying the Government Pay Principle, the Government to pay compensation to the affected individuals/families and recover the same from the polluters, until the damage caused to the ecology is fully reversed – Order passed by the High Court confirming award passed by LoEA upheld – Directions issued to the stakeholders to curb the pollution and the sand mining in Vellore. [Paras 110, 113, 115, 116]

Doctrine/Principle – Public Trust Doctrine – Meaning: Held: Doctrine of Public Trust asserts that vital natural resources such as rivers, seashores, forests, and air are held in trust by the State for the benefit and enjoyment of the public – Doctrine places a fiduciary duty on governments to protect them from privatization or exploitation that compromises public interests – It imposes restrictions that resources must remain accessible for public use, cannot be sold for private gain, and must be preserved in their natural state – Courts internationally, have extended its scope to protect wetlands, riparian forests, and ecologically fragile lands – This evolving interpretation reflects the doctrine’s relevance in maintaining the balance between sustainable development and environmental conservation. [Para 61]

Doctrine/Principle – Doctrine of Sustainable Development – Meaning:

Doctrine of sustainable development was evolved to strike a balance between economic advancement and environmental safeguards – It envisions development that can be sustained by nature/environment – While the advancement of industries and infrastructure is indispensable for fostering employment and generating revenue, such growth cannot come at the cost of irreparable ecological damage. [Para 63]

Constitution of India – Art. 21 – Right to life – Right to Healthy Environment – Explanation:

Held: Right to life inherently includes the right to enjoy, pollution free environment, which are essential for the full enjoyment of life – Concept of ‘right to healthy environment’ is recognised as part of the ‘right to life’ u/Art. 21 and thereby has also recognised the ‘right to clean drinking water’ as a fundamental right – Environmental rights, which encompass a group of collective rights, are now described as “third generation” rights – Thus, the State, so as to sustain its claim of functioning for the welfare of its citizens, is bound to regulate water supply by safeguarding, maintaining and restoring the water bodies to protect the right to healthy water and prevent health hazards. [Para 64]

Principle/Doctrine – Polluter pays principle – Extent of liability – Deeming fiction and Precautionary Principle: Held: “Polluters pay principle” is followed for fastening liability on the polluter for the proportionate damage caused to the environment, resulting in violation of right to clean and healthy environment as guaranteed u/Art. 21 – When an activity is inherently hazardous or dangerous, the individual or entity engaging in such activity bears absolute liability for any harm caused, regardless of the care exercised – Polluting industries, thus, are under an obligation to fully compensate for the damage caused to affected communities – Polluter Pays Principle extended beyond compensating victims of pollution – It included the cost of reversing environmental degradation – They are required to undertake all necessary remedial measures to remove pollutants and restore the environment – Thus, the industries are liable to not only compensate but also bear the costs for restoring the river – Remedial action would not stop at restoration, but is a continuous process, to sustain the river, pollution free and fresh cause of action would commence again if the industries and the local bodies fail in their duty – When there is a violation in compliance with the environmental laws, be it by engaging in activities directly involved in causing pollution or failure to take steps to curb the pollution and restore the environment and acts in a manner detrimental to the environment, then the deeming fiction of polluting the environment becomes applicable and the polluter is not only liable to payment of compensation but also to restore the environment – State must endeavour to identify the industries and activities which impacts or can impact the environment before permitting such activities as there is a possibility that the damage could not only be irreversible but also the effects of such damage could be far more threatening the human race than the commercial benefits arising out of such activity. [Paras 71, 73, 77]

Environmental laws – Pollution related damage – Determination of Compensation – Government Pay Principle vis-a-vis responsibility of the Government:

Held: Polluters bear the absolute liability for the harm they cause to the environment – For quantifying the extent of damage, unlike tangible property damage, the harm inflicted upon ecosystems not easily measurable in monetary terms – Also, the impact on local communities, particularly their livelihoods, is difficult to assess – Loss of biodiversity, degradation of natural resources, and long-term socio-economic consequences extend beyond the realm of financial valuation – Thus, while the liability is clear, the process of determining an equitable compensation amount is fraught with challenges, as it must account for both the tangible and intangible damage inflicted on the environment and the affected communities – Normally, the government cannot be held liable for the action of third parties – However, the State, which is entrusted with the duty to protect not only its citizens but also the environment, cannot absolve itself from its failure in implementing the laws and allowing the activities that continue in violation of the laws – While polluters bear absolute liability to compensate for environmental damage, the Governments (both Union and State) share an equally significant responsibility to prevent environmental degradation and ensure the implementation of effective remedial action – Thus, it is equally important to recognize the role of the Government and other regulatory bodies as well to impose upon them, a responsibility with penalizing consequences in ensuring strict compliance with the orders and directions given by the Courts as well as the applicable environmental laws and principles. [Paras 79, 82, 83] Environmental law – Pollution – Techniques/methodologies/approaches to reduce the pollution caused by the industries – Extended producer responsibility, emission standardsCommand and control principle, regular impact assessment, effluent charges/tax, and pollutant release and transfer register/participatory citizens approach – Explained. [Para 84] Environmental laws – Concept of ecocide – Definition: Held: Ecocide is an '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' – Acts such as the pollution of rivers with untreated sewage, illegal sand mining, large-scale deforestation etc. fall under this definition – Evironmental damage occurring in Vellore District could even be categorized as ecocide. [Para 92]