Brief Facts
The petitioner, Vellore Citizens Welfare Forum, filed a Public Interest Litigation (PIL) under Article 32 of the Indian Constitution. The PIL addressed the large-scale pollution caused by the discharge of untreated effluents by tanneries and other industries in the state of Tamil Nadu, specifically into the River Palar. The River Palar is a crucial source of drinking and bathing water for the local populace. The Tamil Nadu Agricultural University Research Centre in Vellore found that approximately 35,000 hectares of agricultural land had become either totally or partially unfit for cultivation due to the pollution.

Vellore Citizens Welfare Forum v. Union of India

Citation: AIR 1996 SC 2715; (1996) 5 SCC 647
Court: Supreme Court of India
Bench: Justice Kuldip Singh, Justice Faizan Uddin, and Justice K. Venkataswami
Jurisdiction: Article 32 of the Constitution of India
Statutes Involved:

• Constitution of India, Article 21 (Right to Life)
• Water (Prevention and Control of Pollution) Act, 1974
• Environment (Protection) Act, 1986

Issues Involved:

• Whether the tanneries and other polluting industries should be allowed to continue operating at the cost of public health and environmental degradation.
• Balancing economic development with environmental protection.
   

Judgment
The Supreme Court, after thoroughly examining the reports and submissions, emphasized the importance of maintaining a balance between economic development and environmental protection. The court acknowledged that the tanneries were significant foreign exchange earners and provided employment to thousands of people. However, it noted the severe environmental damage and health hazards caused by their operations.

In its judgment, the Supreme Court:

• Imposed a Fine: Directed all the tanneries to deposit a sum of Rs. 10,000 each as a fine in the office of the Collector.
• Compensation: Directed the State of Tamil Nadu to pay Rs. 50,000 to Mr. M.C. Mehta as a token of appreciation for his efforts in environmental protection.
• Constitution of Green Benches: Emphasized the need to establish Green Benches in India to deal specifically with environmental protection matters and ensure speedy and expeditious disposal of environmental cases.

Analysis:
The judgment in Vellore Citizens Welfare Forum v. Union of India is a landmark decision that highlights the Supreme Court's proactive stance on environmental issues. The court recognized the importance of the "precautionary principle" and the "polluter pays principle" in environmental jurisprudence. It underscored that development should not be at the cost of environmental degradation and public health.

• Precautionary Principle: This principle asserts that if there are threats of serious or irreversible damage to the environment, the lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. The onus of proof is on the industry to show that its operations are environmentally benign.
   
• Polluter Pays Principle: This principle places the responsibility of environmental damage on the polluter, who must bear the cost of pollution prevention and control measures.

Conclusion
The Vellore Citizens Welfare Forum case serves as a crucial precedent in environmental law, establishing the judiciary's role in enforcing environmental regulations and ensuring sustainable development. The Supreme Court's directives in this case not only addressed the immediate pollution concerns but also laid the groundwork for future environmental litigation and governance. The establishment of Green Benches was a significant step towards specialized adjudication of environmental matters, ensuring that such issues receive the focused attention they deserve.