FACTS IN BRIEF :- In a small village, Bichhri, in Rajasthan a cluster of chemical industries were located some of which manufactured highly toxic pollutant acid 'H' and other similar toxic chemicals. This 'H' acid give 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 earth, water and destroying the ecological setup. A study by the Rajasthan Pollution Control Board revealed that these chemical units had already turned out about 2400-2500 M.T. of highly toxic sludge. Since this toxic untreated waste water was allowed to flow out freely and thrown in open in and around the complex, the toxic substances had percolated deep into earth polluting the aquifers and the sub-terranean 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 grown unfit for cultivation. Upon these facts, a public interest litigation was filed in August 1989 seeking for the removal of industries creating a havoc to life of the local inhabitants and a 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 since no opportunity to file objections to the said Report or to produce material to contradict the statements was allowed to be made, the said Report could not be acted upon. They further argued, that they being no falling within the meaning of the term ‘state’ as 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;
o The Central Government shall determine the amount required for carrying out the remedial measures including the removal of sludge in the area affected in village Bichhri and other adjacent villages. o 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 orders of the Court, as reflected from the expert committees Reports, the Respondents were characterized as ‘rogue industries’. Accordingly, Court ordered the closure of all their plants and factories located in Bichhri village. o The Court allowed any organization on behalf of the villagers to claim for damages for the loss suffered by them in the affected area. o 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 the implementation of directions. o The respondents were directed to pay compensation for the pollution caused by them,
FOR COMMON MAN:- The judgment in the instant case concretized the principle of “ Polluter Pays” in order to discourage such activities on the part of the polluting enterprises and to impose heavy costs for the reversal of the damage caused by them.
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