M.RAMASAMY Vs. CHIEF SECRETARY

JUDGEMENT

(1.) WHETHER members of 4th respondent Noyyal Ayacutdars Protection Association alone are entitled to the amount of Rs.75.00 Crores deposited by the polluting units in pursuance to the order in a Public Interest Litigation W.P.No.29791 of 2003 in preference to other affected agriculturists of Noyyal River Basin identified by Loss of Ecology Authority (LoEA) is the point falling for consideration in these batch of writ petitions. For convenience, the parties are referred to as arrayed in W.P.No.2790 of 2012.

(2.) DUE to rapid and haphazard industrialisation of Tiruppur with large number of hosiery units and consequential establishment of dyeing and bleaching units resulted in Noyyal River getting polluted causing havoc to the agricultural operations. Menace of pollution caused in Noyyal river by bleaching and dying units has been subject matter of litigation from 1996. Based on the order in a Public Interest Litigation in W.P.No.29791 of 2003 confirmed by the Supreme Court in S.L.P.No.6963 of 2007 and in pursuance of the interim order dated 10.8.2007 passed by the Supreme Court, a sum of Rs.25.00 Crores was deposited in High Court to the credit of W.P.No.29791 of 2003. Further, Rs.42.02 Crores collected towards the fine amount and Rs.7.64 Crores ordered towards adhoc compensation available with the District Collector, Tiruppur are payable to the affected agriculturists. The applications filed by Government to withdraw the amount of Rs.25.00 Crores in High Court deposit came to be dismissed on 29.3.2011. The impugned G.O.Ms.No.209, Environment and Forests (EC-1) Department dated 31.12.2011 was passed in which Government sanctioned an interest bearing advance of Rs.75.00 Crores to Tamil Nadu Pollution Control Board for disbursing the amount to the members of 4th respondent Association. Challenging the said Government Order, writ petitions are filed seeking to quash the said Government Order and other directions.

(3.) PUBLIC Interest Litigation W.P. No.29791 of 2003:- Joint memo filed in W.P.No.1649 of 1996 was not honoured by the polluting industries and TNPCB also did not enforce it. Noyyal River Ayacutdars Protection Association (4th respondent) filed a Public Interest Litigation - W.P.No.29791 of 2003 seeking for a writ of mandamus directing the respondents to implement the order dated 26.02.1998 in W.P.No.1649 of 1996 passed in pursuance of the joint memo. Court granted time to the industrial units to achieve Zero Liquid Discharge (ZLD) and interalia issued directions:-