Vellore District Environment Monitoring Committee vs District Collector 2025 INSC 131 - Environment Law - Tanneries

Tanneries- tanneries are among the most polluting industries and the damage caused by them by discharging untreated or partially treated effluents into the River Palar and surrounding areas, has resulted in irreversible damage to the water bodies, groundwater, and agricultural lands. This environmental degradation has impoverished local farmers and has caused immense suffering to the local residents and the tannery workers, thereby endangering public health and life - Directions.issued.

Environmental Law - Three foundational principles (i) Doctrine of Public Trust - 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. This doctrine places a fiduciary duty on governments to protect them from privatization or exploitation that compromises public interests. It imposes three key restrictions viz., (a)resources must remain accessible for public use, (b)cannot be sold for private gain, and (c)must be preserved in their natural state. Courts internationally, have extended its scope to protect wetlands, riparian forests, and ecologically fragile lands, emphasizing the need for environmental preservation in light of modern ecological challenges-(ii) Principle of Sustainable Development- The 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-(iii) Right to healthy environment - Right to life inherently includes the right to enjoy, pollution free environment, which are essential for the full enjoyment of life. If anything endangers or impairs the quality of life in derogation of laws, a citizen has the right to have recourse to Article 32 of the Constitution to address the pollution of environment which may be detrimental to the quality of life. The concept of ‘right to healthy environment’ as part of the ‘right to life’ under Article 21 - The ‘right to clean drinking water’ as a fundamental right. Infact, environmental rights, which encompass a group of collective rights, are now described as “third generation” rights. Therefore, 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 -The States shall ensure that the water bodies are free from encroachments and steps must be taken to restore the water bodies. (Para 60-64)

Polluters pay principle- The universal principle 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 under Article 21 of the Constitution of India -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, therefore, 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, in other words, they are required to undertake all necessary remedial measures to remove pollutants and restore the environment. This principle, along with the Precautionary Principle, has been recognized as part of the law of the land, drawing strength from Article 21 of the Constitution, which guarantees the right to life and personal liberty. It underscores that environmental protection is not merely a regulatory obligation but a constitutional imperative aimed at safeguarding the fundamental rights of individuals and preserving ecological balance. (Para 71)

Government Pay Principle - 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- In situations where authorities fail to regulate polluters adequately, the resultant environmental degradation underscores a shared responsibility. The ‘Government Pay Principle’ emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses. (Para 82-83)