Indian Council for Enviro-Legal Action v Union of India AIR 1996 SC 1446

Bichhri is a small village in Udaipur District of Rajasthan. To its north is a major industrial establishment, Hindustan Zinc ltd., a public sector concern had established a chemical plant to produce Oleum. The real calamity occurred when a sister concern, Silver chemicals commenced production of ‘H’ acid in a plant located within the same complex. ‘H’ acid was meant for export exclusively. Its manufacture gives rise to enormous quantities of highly toxic effluents—in particular, iron based and gypsumbased sludge—which if not properly treated, pose threat to Mother Earth. It poisons the earth, the water and everything that comes in contact with it. The water in the wells and streams has turned dark and dirty rendering it unfit for human consumption.  It has become unfit for cattle to drink and for irrigating land/ the soil has become polluted rendering it unfit for cultivation, the mainstay of the villagers. It spread disease, death and disaster in the village.

The villager rose in revolt leading to the imposition of sec. 144 CrPC by the District Magistrate in the area and the closure of the Silver Chemicals in Jan 1989. It is averred by the respondents that both the units, Sliver Chemicals and Jyoti Chemicals have stopped manufacturing ‘H’ acid since Jan. 1989 and are closed, yet the consequence of their action remain—the sludge, the long-lasting damage to earth, to underground water, to human being, to cattle and the village economy. It was with this contention that this writ petition was addressed.

The Court held that the Company was absolutely liable for the environmental degradation caused by the production of ‘H’ acid. It was up to the company to pay for the pollution and  redo the environmental damage and wrong caused by its industrial activity. Sec. 3 and 4 of the EPA, 1986 empowers the government to recovery cost of the pollution and sue the same for redoing the harm caused to the environment.