TIRUPUR DYEING FACTORY OWNERS ASSOCIATION Vs. NOYYAL RIVER AYACUTDARS PROTECTION ASSOCIATION
LAWS(SC)-2009-10-5
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on October 06,2009

TIRUPUR DYEING FACTORY OWNERS ASSOCIATION Appellant
VERSUS
NOYYAL RIVER AYACUTDARS PROTECTION ASSOCIATION Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals have been filed against the Judgment and Order dated 22.12.2006 of the Madras High Court in writ petition no. 29791 of 2003 and order dated 27.2.2007 dismissing the Review Application No.14 of 2007 in the said case.
(3.) The facts and circumstances giving rise to this case are that a Public Interest Litigation was filed by the Noyyal River Ayacutdars Protection Association, a registered Association (Respondent No. 1), for seeking directions for preservation of ecology and for keeping the Noyyal river in Tamil Nadu free from pollution. According to the said Association, a large number of industries, some of them respondents before the writ court and appellants herein had indulged in dyeing and bleaching works at Tirupur area and discharging the industrial effluents into the Noyyal river which created water pollution to the extent, that the water of the river was neither fit for irrigation nor potable. The pollution also adversely affected the Orthapalayam reservoir and other tanks and channels of the said river. A similar issue i.e. menace of pollution had also earlier been raised by another association namely Karur Taluk Noyyal Canal Agriculturists Association by filing writ petition(c) no. 1649 of 1996 before the Madras High Court. The High Court disposed of the said petition vide judgment and order dated 26.2.1998 on the basis of joint Memo of Understanding filed by all the contesting parties, which contained the terms, to implement the pollution control measures and to pay the damages etc. The High Court directed the Tamil Nadu Pollution Control Board (hereinafter called as "Board") to implement the pollution control and environmental laws and also granted liberty to decide the amount for which dyeing units were liable to reimburse for the loss caused by pollution. The dyeing and bleaching units were directed to contribute an amount to meet the expenses of cleaning of the Orathapalayam dam. For compliance of the said order, a period of three months was given.;


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