N GAJAPATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the owner of the land bearing T.S.No.5/1 to an extent of 0.37 hectare, T.S.No.6/9 to an extent of 0.65.5 hectare, T.S.No.6/4A to an extent of 0.06.0 and 0.30.0 hectare, T.S.No.6/7A to an extent of 0.06.0 hectare, T.S.No.6/8 to an extent of 0.11.0 and 0.01.0 hectare T.S.No.6/1A to an extent of 0.11.3 hectare and in all total extent of 1.39.3 hectare, with a well situated in the said survey number, to irrigate the above stated lands, in Block-2, Ward-B, Tharvazhi Village, Ambur Town, Vaniyambadi Taluk, Vellore District.

(2.) It is the case of the petitioner that the Vellore Citizen Welfare Forum had filed a writ petition in W.P.No.914 of 1991 before the Hon'ble Supreme Court of India for the protection of thousands of innocent lives, suffering from serious air and water pollution being caused by enormous discharge of untreated effluents by the tanneries into agricultural fields road sides, waterways and open lands in North Arcot District (Vellore), Tamil Nadu and pursuant to the directions of the Hon'ble Supreme Court vide its Order dated 28.08.1996, the Central Government constituted a body namely, Loss of Ecology Authority, the second Respondent to implement the precautionary principle and the Polluter pays Principle and to assess the loss to the ecology/Environment in the affected areas and to identify the individuals/families who have suffered by the pollution to assess the damages caused to the individuals/families and to collect the compensation from the tanneries and to distribute the same to the individuals/families. The award of compensation covers for the period from 12th August, 1991 to 31st December, 1998 and the rate of compensation are determined as under:- TDS in well water used forCompensation payable Irrigation mg/1.in Rs. Per Hectare/Year. <FRM>JUDGEMENT_206_TLMAD0_2010Html1.htm</FRM>

(3.) It is further stated that since the total dissolved solid in the petitioner's well water used for irrigation was above 4900 mg/1 and the authority to fix Rs.14,000/- per hectare per year as compensation, the second Respondent is liable to pay the petitioner a sum of Rs.1,44,004/- as on 31.12.1998 (R.14,000/- x 1.39 x 7.4 years = Rs.1,44,004/- from 12th August, 1991 to 31st December, 1998) together with interest till date.