- (1.) This petition - public interest - under Article 32 of the Constitution of India was initially directed against the tanneries located in the city of Kanpur. This court by the order dated 22/9/1987 (M. C. Mehta v. Union of India) (Kanpur tanneries) issued various directions in relation to the Kanpur tanneries. While monitoring the said directions, the scope of the petition was enlarged and the industries located in various cities on the banks of River Ganga were called upon to stop discharging untreated effluent into the river. In this judgment we are concerned with the tanneries located at Tangra, Tiljala, Topsia and Pagia Danga the four adjoining areas in the eastern fringe of the city of Calcutta (the Calcutta tanneries). These areas accommodate about 550 tanneries. According to the examination report dated 30/9/1995 by the National Environmental Engineering Research Institute (NEERI) , ninety per cent of the Calcutta tanneries use chrome- based tanning process, while the remaining utilise vegetable tanning process. The present status of the four tannery clusters in Calcutta, according to the NEERI Report, is as under: "It was observed by the inspection team that no appropriate waste water drainage and collection systems are available in any of the tannery clusters. The untreated waste water flows through open drains causing serious environmental, health and hygiene problems. Also, no waste water treatment facilities exist in any of the four tannery clusters. "the observations by the NEERI team, regarding the Calcutta tanneries in the report are as under: "Tannery units are located in highly congested habitations, offering little or no scope for future expansion, modernisation or installation of ETP (s). Tannery units are located in thickly populated residential areas. Surroundings of the tanneries are extremely unhygienic due to discharge of untreated effluents in open drains, stagnation of wastewater in low-lying areas around the tannery units, and accumulation of solid waste in tanneries. "it is thus obvious that the Calcutta tanneries have all along been operating in extreme unhygienic conditions and are discharging highly toxic effluents all over the areas. This court on the basis of the material on the record in Kanpur tanneries' order observed as under regarding the noxious nature of the tannery effluent: "It should be remembered that the effluent discharged from a tannery is ten times more noxious when compared with the domestic sewage water which flows into the river from any urban area on its banks. "needless to say that the State of West Bengal and the West Bengal Pollution Control Board (the Board) are wholly remiss in the performance of their statutory obligations to control pollution and stop environmental degradation.
(2.) On 19-2-1993 the State government informed this court that the Calcutta tanneries were being shifted from their present location and the new location would be fully equipped with pollution control devices. This court gave three months' time to the State government to take appropriate steps in that direction. The State government by way of an application sought extension of time for the shifting of the Calcutta tanneries. This court considered the application on 13/8/1993 and passed the following order: "The State of West Bengal has moved an application for extension of time for the shifting of over 500 tanneries functioning on the bank of River Ganges. This court by its order dated 19/02/1993 gave three months' time to the State of West Bengal to take appropriate steps. The relevant part of the order is as under: 'As regard the industries in Group 'd' Part II of Annx. 'a', the State government is said to be taking steps for shifting these industries from the place where they are presently located to another place and to erect a common effluent plant for them in the new place. In that view of the matter, the State of West Bengal shall take appropriate steps within a period of three months. 'we see no ground to grant 3 years' time to the State of West Bengal. We direct the West Bengal Pollution Control Board to publish a general notice in a daily paper which is popular in the said area consecutively for 3 days directing the tanneries to shift their place of working within three months from the date of publication of the notice or in the alternative set up effluent treatment plants to the satisfaction of the Board. It shall be clearly stated in the notice that in the event of failure the functioning of the industry at present place shall be stopped. The 414 Board shall also issue individual notices to all the industries within two weeks from the receipt of this order. We are prima facie of the view that the government of West Bengal cannot back out from its obligation of providing an alternative place of working to these tanneries in case they wish to shift their place of functioning. We direct the secretary, Small-Scale Industries, government of West Bengal to be personally present in this court on 24/9/1993 with a proposal regarding the alternative land or appropriate compensation to be paid to each of the industries. "this court on 24/9/1993 directed the Board to examine the possibility of setting up of common effluent treatment plants for the Calcutta tanneries in the four areas. The Board was further directed to indicate the cost which was likely to be incurred in the setting up of the project. The Calcutta tanneries were directed to approach NEERI for the preparation of the projects. Pursuant to the directions of this court, the Board filed affidavit dated 5/10/19933 in this court. It is stated in the said affidavit that the Calcutta tanneries "are operating for a considerable period of time with no regard to environmental pollution control. . virtually shifting of the tanneries from the present location to another place and construction of common effluent treatment plants, is the only practicable solution to control the environmental degradation as a whole". The relevant part of the affidavit is as under: "3.As per the order of the Hon'ble Supreme court dated 24/09/1993, Technical Officers of the Board have examined the possibility of setting up a common Effluent Treatment Plant for the tanneries situated in Tiljala, Topsia and Tangra area which are located in the eastern fringe of Calcutta. A layout map indicating the location of the tanneries in Tiljala, Tangra and Topsia area along with a diagram mentioning the number of tanneries in such areas are also enclosed herewith collectively and marked as Annx. 'a'. It reveals from the inspection that adequate space is not available in Tiljala, Tangra and Topsia area for construction of common effluent treatment plant. In this connection it can be mentioned that tanneries situated at Tiljala, Tangra and Topsia area are operating for a considerable period of time with no regard to environment pollution control. After the enactment of the Water (Prevention and Control of Pollution) Act, 1974 in the State of West Bengal, tanneries of the said locality never applied for consent to the State Pollution Control Board, Only in the year 1989, more than one hundred tanneries applied for consent to the State Board after long persuasion. Considering their practical problem. State Board issued consent under the Water (Prevention and Control of Pollution) Act, 1974, to the tanneries for six months only in the year 1989 with a condition that within the validity period of consent i. e. within 6 (six) months, the said 415 tanneries will construct primary effluent treatment plant and submit a scheme of secondary effluent treatment plant. But unfortunately none of the tanneries situated in the said area constructed or have taken any steps for construction of effluent treatment plant. Therefore, State Board issued legal notice to the tanneries in the year 1992. Show-cause notices were also issued by the State Board asking why their factory may not he directed to he closed for not putting up the right type of effluent treatment plant as per the order of the Hon'ble Supreme court dated 1/12/1992. Subsequently more than 275 tanneries applied for consent to the State Board but in view of the Hon'ble Supreme court's order dated 19/02/1993, 'consent' was not granted to any of the tanneries. Moreover tanneries of the said area were directed to submit an undertaking in the court stamp paper that they are willing to move to any place as fixed up by the government of West Bengal. Accordingly, more than 280 tanneries submitted their undertaking in 'court stamp paper' that they are willing to move to any place as fixed up by the government of West Bengal from their present location. 5. That, due to the existence of the tanneries without having any treatment facilities in Tangra, Tiljala and Topsia area, environmental degradation in such areas and their surroundings are extremely alarming. Virtually shifting of the tanneries from the present location to another place and construction of common effluent treatment plant, is the only practicable solution to control the environmental degradation as a whole" (emphasis supplied)
(3.) The matter came up for further consideration on 15/10/1993. This court agreed with the above-quoted opinion of the Board and came to the conclusion that the only viable solution was to relocate the Calcutta tanneries. This court further passed the following order: "Mr Satendra Nath Ghosh, secretary, Department of Cottage and Small-Scale Industries, government of West Bengal has stated in his affidavit dated September 1993 that the government of West Bengal has already identified 507.27 acres of land to be acquired for setting up the tanneries' complex. He has further stated that on technical advice, the government is thinking of having a bigger project and as such the acquisition proceedings in respect of the abovesaid land have not been initiated. Along with the affidavit a Notification dated 28/07/1992 has been annexed. By the said Notification a Monitoring Committee for the integrated leather complex to be set up in the District of South 24 Parganas has been constituted. The Committee consists of 19 members including the Minister-in-charge, Cottage and Small-Scale Industries, Minister-in-charge, Sunderbans Development Board, secretary, Cottage and Small-Scale Industries, secretary, Commerce and Industries Department, secretary to the Chief Minister of West Bengal, the 416 secretary, Irrigation and Waterways Department, secretary, Environment Department, secretary, Public Health Engineering and various other highly-placed officers connected with the project. Thereafter the Deputy a secretary to the government of West Bengal in the Department of Land and Land Revenue addressed a letter dated 13/07/1993 to the Collector of South 24-Parganas informing him that a decision has been taken on the government level to acquire the land measuring 507.27 acres in mouzas Karaldanga and others, P. S. Bhangor in the District of South 24 Parganas for the integrated leather complex under the provisions of the West Bengal Land Requisition and Acquisition Act, 1948 (the Act) as a special case. By another letter dated 23/8/1993, the governor of West Bengal has accorded sanction of Rs. 60 lakhs for meeting the acquisition expenses towards acquisition of land measuring 507.27 acres, under the above-mentioned Act. It is, thus obvious that the West Bengal government have already taken steps to acquire 507.27 acres of land for the tanneries' complex. There is no reason why the plan should not go ahead and be completed within a reasonable time. We direct the Minister-in-charge, Cottage and Small-Scale Industries Department, who is the Chairman of the Committee, to proceed with the project in accordance with the following time-schedule, 1. The Committee shall entrust the project to a technical authority like the National Environmental and Engineering Research Institute or any other equally competent authority for preparing a project in this respect. The expenditure for getting the project prepared shall be met by the West Bengal government. The project should be got prepared on war-footing and be prepared within a period of two months of the receipt of this order. 2. The procedure for acquiring the land measuring 507.27 acres under the Act shall be commenced within one month from the receipt of this order and shall be completed expeditiously. 3. After the acquisition proceedings are completed and land is taken in. possession, the State government shall get the land developed through the authorities under the control of the State government. This shall be done within three months thereafter. As at present we give the above directions to the Monitoring Committee. The secretary, Department of Cottage and Small-Scale Industries shall keep on sending the progress report to this court after every four weeks. After the above-quoted steps are completed in accordance with. the schedule given by us, further directions in this respect shall be given. We make it clear that any violation of this order shall attract the provisions of the Contempt of courts Act. ";