MEMBER SECRETARY TAMIL NADU STATE LEGAL SERVICES AUTHORITY HIGH COURT COMPOUND MADRAS Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY DEPARTMENT OF ENVIRONMENT AND FOREST CHENNAI

JUDGEMENT

(1.) THE State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) was established in the year 1971 to develop industrial growth in Tamil Nadu. To ensure a good impact with the available limited resources, SIPCOT has created Industrial Complexes and Parks, strategically located in Nineteen places and Twelve Districts in the State, including one at Cuddalore. Respondents 4 to 11 and 17 to 23 are some of such industrial units established in Cuddalore SIPCOT area at different points of time.

(2.) IT is seen from the materials on record that the residents of the Cuddalore SIPCOT area themselves have formed SIPCOT Area Community Environmental Monitors (SACEM) and brought out several reports in respect of the pollution in SIPCOT area. One such report titled 'Gas Trouble' Air quality in SIPCOT, Cuddalore was published by 'The Hindu' on 21.9.2004, under the caption 'villages in Cuddalore industrial estate toxic hot spot' stating that twenty thousand residents of 10 villages and several hamlets around the over two decade old SIPCOT industrial estate near Cuddalore town are exposed to high levels of 22 Volatile Organic Compounds (VOCs) including eight cancer causing ones, mostly released by factories in the complex. According to the said report, the levels of some of the chemicals in the SIPCOT area were at least 1,000 times higher than those prevailing in South Africa, Thailand and the Philippines. The report also justified the villagers' demands for continuous air monitoring, including for toxic gases, an aggressive air pollution elimination programme, long-term health monitoring, specialised health care facilities for residents and a ban on the setting up or expansion of any polluting facility in the complex.

(3.) IT is to be mentioned that Cuddalore SIPCOT Industries Common Utilities Ltd. (CUSECS) has been operating in SIPCOT Industrial Complex, Cuddalore since 2001. The infrastructure for effluent collection and disposal in the SIPCOT industrial complex was commissioned in 2001, 19 years after the complex was established. It is the collection and forwarding system for allegedly "treated effluent" from industries in SIPCOT. The effluent is said to be forwarded through a network of pipelines and sumps to the sea off the coast of Rasapettai village. Initially 19 industries registered as members of CUSECS; currently, only 8 industries are members. They are: 1. Arkema Peroxides Ltd (Respondent No. 18) 2. Aurobindo Pharma Ltd (Respondent No.