Facts in Brief

In a small village, Bichhri, in Rajasthan, a cluster of chemical industries was located, some of which manufactured the highly toxic pollutant acid “H” and other similar toxic chemicals. This “H” acid gave rise to enormous quantities of highly toxic effluents, with iron-based and gypsum-based sludge in particular, which — in the absence of proper treatment — were poisoning the earth and water and destroying the ecological setup.

A study by the Rajasthan Pollution Control Board revealed that these chemical units had already turned out about 2,400–2,500 M.T. of highly toxic sludge. Since this toxic, untreated waste water was allowed to flow out freely and was thrown in the open, in and around the complex, the toxic substances had percolated deep into the earth, polluting the aquifers and the subterranean supply of water. The water in the wells and streams had turned toxic, rendering it unfit for human consumption and even for irrigating the land. The soil had also become unfit for cultivation.

Upon these facts, a Public Interest Litigation was filed in August 1989, seeking the removal of the industries creating havoc in the lives of the local inhabitants, and the proper cleaning of the damage caused.

Arguments

Opposing the process adopted by the Rajasthan Pollution Control Board, the Respondents submitted that the officials had throughout been hostile to them, and that since no opportunity to file objections to the said Report, or to produce material to contradict its statements, had been allowed, the Report could not be acted upon. They further argued that they, not falling within the meaning of the term “State” under Article 12, were not amenable to the jurisdiction of the Supreme Court under Article 32 of the Constitution.

Judgment

Considering the enormity of the situation, the Supreme Court directed as follows:

• The Central Government shall determine the amount required for carrying out remedial measures, including the removal of sludge in the area affected in village Bichhri and other adjacent villages.
• On account of their continuous and persistent violations of law, their attempts to conceal the sludge, the discharge of toxic effluents, and the non-implementation of the Court’s orders — as reflected in the expert committees’ Reports — the Respondents were characterised as “rogue industries.” Accordingly, the Court ordered the closure of all their plants and factories located in Bichhri village.
• The Court allowed any organisation, on behalf of the villagers, to claim damages for the loss suffered by them in the affected area.
• The Court directed the Central Government and the State Pollution Control Board to file quarterly reports before the Court with respect to the progress in implementing the directions.
• The Respondents were directed to pay compensation for the pollution caused by them.

For the Common Man

The judgment in the instant case concretised the principle of “Polluter Pays,” in order to discourage such activities on the part of polluting enterprises and to impose heavy costs for reversing the damage caused by them.