Vellore Citizen Welfare Forum vs. Union of India, AIR 1996 SC 2715

The petition was directed against the pollution which is being caused by enormous discharge of untreated effluent by the tanneries and other industries in the State of Tamil Nadu. According to the petitioner the entire surface and sub-soil water of river Palar has been polluted resulting in non-availability of potable water to the residents of the area. Moreover, nearly 35,000 hectares of agricultural land in the Tanneries Belt, has become either partially or totally unfit for cultivation. The court also acknowledged that the leather industry is of vital importance to the country as it generates foreign exchange and provides employment. However, it has no right to destroy ecology, degrade the environment and pose a health hazard. It cannot be permitted to expand or even to continue with the present production unless it addresses the problem of pollution it created. Sustainable development is necessary as a balancing concept between ecology and development. The precautionary principle and polluter pays principle are essential features of sustainable development. Moreover, the constitution and statutes secure the right to fresh air, clean water and a pollution-free environment. The court thus imposed a fine on the tanneries. The decision also requested the Chief Justice of the High Court of Madras to constitute a special "Green Bench" to deal with environmental issues.