JUDGEMENT
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(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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