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Vellore Citizens Welfare Forum v. Union of India, WP 914/1991 (1996.04.26) (Tanneries Case: Tamil Nadu)
Precautionary Principle
Vellore Citizens Welfare Forum
Vs
Union of India and Others
Writ Petition (C) No. 914 of 1991
(Kuldip Singh, K. Venkataswami JJ)
26.04.1996
JUDGMENT
1. Pursuant to this Court’s Order dated April 9, 1996 we have heard learned counsel appearing for the tanneries which have been closed in terms of the above order. It has been brought to our notice that there are some tanneries which had set up individual pollution control devices, but despite that they were closed. It has further been brought to our notice that some of the tanneries are connected with CETP’s and have also set up their individual pollution control devices. Various other anomalies have been brought to our notice. Be that as it may, we have now to adopt a uniform procedure to bring these tanneries on rails. We make it clear that no tannery shall be permitted to re-open unless this Court is satisfies that the necessary pollution control devices either individually or cumulatively have been set up by these tanneries and for that purpose we have to depend on the advice tendered by Technical Authorities like the Pollution Control Boards or NEERI.
2. We direct the Central Pollution Control Board and the Tamil Nadu Pollution Control Board to jointly inspect the area on war-footing. The tanneries either directly or through learned counsel may approach the Pollution Control Boards either through Mr. Manjwani or through Mr. Mohan and indicate that their respective units have set up/constructed the necessary pollution Control devices. We direct the Pollution Control Boards concerned to immediately inspect the Units and file a report in this respect before May 6, 1996. These matters to come up on May 6, 1996 for further consideration.
3. We further direct that all those Units which are not in a position to construct the effluent treatment devices within this period may approach the Board as and when they complete the devices.
4. The North Arcot District and Chengai MGR District Association and other Associations of the Tanners shall bear the expenses of the inspection teams organized by the Boards.