In Brief
This landmark environmental judgment addresses chronic pollution from tanneries in Vellore District, Tamil Nadu. The Court held that polluters bear absolute and continuing liability for environmental damage until it is fully reversed—not merely for one-time compensation payments. Even if industries currently comply with pollution norms, they remain liable for historical damage. The judgment applies the Polluter Pays Principle strictly, alongside the Precautionary Principle and sustainable development doctrine. Importantly, it establishes the Government Pay Principle: when regulatory authorities fail to enforce laws, governments must compensate victims and recover costs from polluters. The Court rejected fixed-formula compensation, requiring case-by-case ecosystem-wide assessment. The River Palar's ongoing contamination, despite 28 years of court orders, demonstrates systematic ecocide. The judgment mandates comprehensive monitoring, zero liquid discharge, real-time sensors, worker protections, and strict industry enforcement—balancing economic interests with the fundamental right to a clean environment.
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