Indian Council For Enviro Legal Action & Ors. Vs. Union of India & Ors.
EmailAppeal:
Petitioner: Indian Council For Enviro Legal Action & Ors.
Respondent: Union of India & Ors.
Apeal:
Judges: A.M. AHMADI, CJI. & K.S. PARIPOORNAN, J.
Date of Judgment: Nov 10, 1995
Head Note:
ENVIRONMENT PROTECTION LAWS
Pollution by Industries
Pollution of sub-soil surface water resulting from the discharge of effluents – Loss suffered by the farmers due to damage of crop – Farmers entitled to compensation – Directions given for payment of compensation to farmers without further delay.
JUDGEMENT:
O R D E R
1. By our order dated 16.8.95 we had directed that NEERI will be re-imbursed a sum of Rs.51,250/-. On 18.9.95 learned counsel for the State of A.P. informed us that the amount was sent to NEERI. It was on that account that the Officer Report dated 26.11.95 was taken as complied with. We are now told that NEERI has not received this amount and a copy of the letter addressed by the Director of NEERI to the Assistant Registrar (PIL Cell) of this Court dated 4.11.95 has been shown to us, the appended statement whereto shows that the Department of Environment of Forest, Government of A.P. has not paid the amount. Counsel for the State of A.P. is not present. The Assistant Registrar (PIL Cell) will write a letter to the Chief Secretary of the State of A.P. to look into the matter and ascertain whether or not the payment has been made and if not made, should ensure that the payment is made within four weeks from the date of receipt of the letter without fail.
2. One of the grievances of the petitioner in this petition is that the farmers have not been adequately compensated for the loss suffered by them on account of pollution by industries. Our attention was drawn by the learned counsel for the petitioner to the Minutes of the meeting held on 25.5.89 in the Chambers of the District Collector, Medak District at Sanga Reddy on Pollution wherein it was not disputed that the farmers had suffered loss due to damage of crops on account of the pollution of sub-soil surface water resulting from the discharge of effluents by factories situate within that stream. The paragraph on which reliance was placed reads thus:
“The Collector at the outset observed that it cannot be denied that due to letting the effluents of the factories without, treating them into Nakkavagu, the water in the stream has become polluted and consequently the Agriculturists in the down stream area have suffered loss on account of the damage of crops which used to be irrigated by the sub-soil surface water drawn from the said stream. The loss, he observed as the Anti-Pollution Committee, put it, was around Rs.1,326 crores.”
The Minutes further show that the industrialists present at the meeting were informed that the loss was ascertained by deputing a team of officials consisting of Agricultural Revenue and Animal Husbandry Departments. The Collector informed them that the loss as estimated by the said team was Rs.28.34 lakhs and he desired to know from the industrialists how they propose to compensate the farmers. As usual the representative of the industrialists Shri Chandra Shekar Reddy made no commitment. The meeting was also informed of the steps that were being taken to construct the common Effluent Treatment Plant. Even though this was as far back as 26.5.89 the treatment plant has not come up as yet and the pollution continues unabated. A situation of that type cannot be allowed to continue and it seems that certain industries which are manufacturing pesticide and which do not have any crisis-management plants may have to be strictly dealt with. Our attention was also drawn to the Counter Affidavit filed on behalf of the State wherein also at paragraph I.D. the fact that the farmers had suffered a loss on account of damage to their crops caused by pollution of the water stream is not in dispute. What the State Government says is that the farmers have been ‘adequately’ compensated from time to time. Taking note of the fact that in ten villages the total loss was to the tune of Rs.28.34 lakhs (estimated by the officials along with local people), we find that the contribution from the industrialists has been to the tune of Rs.7,49,936/- between 23.12.88 and October, 1990 towards the ascertained compensation and out of this amount only a sum of Rs.6,54,364/- has been disbursed to the farmers. It appears that the Pollution Control Board had identified as many as 22 industries responsible for the pollution caused by discharge of their effluents into Nakkavagu. They were responsible to compensate the farmers. It was the duty of the State Government to ensure that this amount was recovered from the industries and paid to the farmers. In the circumstances, we direct the State Government to deposit the amount of Rs.28,34,000/- minus the amount paid by the industrialists in the first instance with the High Court of Andhra Pradesh within four weeks from today. Needless to say that since there has been sufficient delay in the matter of compensating the farmers this Court will not brook further delay. After the amount is deposited, the High Court will direct the concerned District Judge to obtain the Report by which this assessment was made, ascertain the farmers entitled to compensation, determine the amount of loss to be compensated and submit a Report to this Court at an early date. The District Judge will also ascertain if the treatment plant has since been set up and if there has been any progress in that behalf. He will submit a Report to this Court in that connection also.
3. We are given to understand that the Pollution Board had initiated action against the defaulting 22 industries but it has not been able to deal with them effectively because these industries have approached the High Court and their Writ Petitions are pending in the High Court with interim orders made therein. The Registrar of the High Court of Andhra Pradesh will ascertain this fact and, if necessary, ask the Environment Department of the State Government to furnish the information so that the matter can be expeditiously dealt with. The Registrar of the High Court will also inform this Court of the total number of Writ Petitions pending in this behalf and the stage at which they are pending so that this Court may be alive to the entire facts situation. The Report to be submitted by the District Judge will be within six weeks after the expiry of four weeks within which the deposit has to be made.
4. The matter may come up after the Reports are received.
5 A copy of this order may be given to the counsel for the State of Andhra Pradesh to enable him to inform the State Government of the action it is expected to take.
6. A copy of this order be sent to the Registrar of the Andhra Pradesh High Court for information and necessary action.
1. By our order dated 16.8.95 we had directed that NEERI will be re-imbursed a sum of Rs.51,250/-. On 18.9.95 learned counsel for the State of A.P. informed us that the amount was sent to NEERI. It was on that account that the Officer Report dated 26.11.95 was taken as complied with. We are now told that NEERI has not received this amount and a copy of the letter addressed by the Director of NEERI to the Assistant Registrar (PIL Cell) of this Court dated 4.11.95 has been shown to us, the appended statement whereto shows that the Department of Environment of Forest, Government of A.P. has not paid the amount. Counsel for the State of A.P. is not present. The Assistant Registrar (PIL Cell) will write a letter to the Chief Secretary of the State of A.P. to look into the matter and ascertain whether or not the payment has been made and if not made, should ensure that the payment is made within four weeks from the date of receipt of the letter without fail.
2. One of the grievances of the petitioner in this petition is that the farmers have not been adequately compensated for the loss suffered by them on account of pollution by industries. Our attention was drawn by the learned counsel for the petitioner to the Minutes of the meeting held on 25.5.89 in the Chambers of the District Collector, Medak District at Sanga Reddy on Pollution wherein it was not disputed that the farmers had suffered loss due to damage of crops on account of the pollution of sub-soil surface water resulting from the discharge of effluents by factories situate within that stream. The paragraph on which reliance was placed reads thus:
“The Collector at the outset observed that it cannot be denied that due to letting the effluents of the factories without, treating them into Nakkavagu, the water in the stream has become polluted and consequently the Agriculturists in the down stream area have suffered loss on account of the damage of crops which used to be irrigated by the sub-soil surface water drawn from the said stream. The loss, he observed as the Anti-Pollution Committee, put it, was around Rs.1,326 crores.”
The Minutes further show that the industrialists present at the meeting were informed that the loss was ascertained by deputing a team of officials consisting of Agricultural Revenue and Animal Husbandry Departments. The Collector informed them that the loss as estimated by the said team was Rs.28.34 lakhs and he desired to know from the industrialists how they propose to compensate the farmers. As usual the representative of the industrialists Shri Chandra Shekar Reddy made no commitment. The meeting was also informed of the steps that were being taken to construct the common Effluent Treatment Plant. Even though this was as far back as 26.5.89 the treatment plant has not come up as yet and the pollution continues unabated. A situation of that type cannot be allowed to continue and it seems that certain industries which are manufacturing pesticide and which do not have any crisis-management plants may have to be strictly dealt with. Our attention was also drawn to the Counter Affidavit filed on behalf of the State wherein also at paragraph I.D. the fact that the farmers had suffered a loss on account of damage to their crops caused by pollution of the water stream is not in dispute. What the State Government says is that the farmers have been ‘adequately’ compensated from time to time. Taking note of the fact that in ten villages the total loss was to the tune of Rs.28.34 lakhs (estimated by the officials along with local people), we find that the contribution from the industrialists has been to the tune of Rs.7,49,936/- between 23.12.88 and October, 1990 towards the ascertained compensation and out of this amount only a sum of Rs.6,54,364/- has been disbursed to the farmers. It appears that the Pollution Control Board had identified as many as 22 industries responsible for the pollution caused by discharge of their effluents into Nakkavagu. They were responsible to compensate the farmers. It was the duty of the State Government to ensure that this amount was recovered from the industries and paid to the farmers. In the circumstances, we direct the State Government to deposit the amount of Rs.28,34,000/- minus the amount paid by the industrialists in the first instance with the High Court of Andhra Pradesh within four weeks from today. Needless to say that since there has been sufficient delay in the matter of compensating the farmers this Court will not brook further delay. After the amount is deposited, the High Court will direct the concerned District Judge to obtain the Report by which this assessment was made, ascertain the farmers entitled to compensation, determine the amount of loss to be compensated and submit a Report to this Court at an early date. The District Judge will also ascertain if the treatment plant has since been set up and if there has been any progress in that behalf. He will submit a Report to this Court in that connection also.
3. We are given to understand that the Pollution Board had initiated action against the defaulting 22 industries but it has not been able to deal with them effectively because these industries have approached the High Court and their Writ Petitions are pending in the High Court with interim orders made therein. The Registrar of the High Court of Andhra Pradesh will ascertain this fact and, if necessary, ask the Environment Department of the State Government to furnish the information so that the matter can be expeditiously dealt with. The Registrar of the High Court will also inform this Court of the total number of Writ Petitions pending in this behalf and the stage at which they are pending so that this Court may be alive to the entire facts situation. The Report to be submitted by the District Judge will be within six weeks after the expiry of four weeks within which the deposit has to be made.
4. The matter may come up after the Reports are received.
5 A copy of this order may be given to the counsel for the State of Andhra Pradesh to enable him to inform the State Government of the action it is expected to take.
6. A copy of this order be sent to the Registrar of the Andhra Pradesh High Court for information and necessary action.
