Tort Paper on Nuisance Essay

Tort paper on nuisance Nuisance Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury Under the common law, persons in possession of real property (land owners, lease holders etc. ) are entitled to the quiet enjoyment of their lands. However this doesn’t include visitors or those who aren’t considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Legally, the term nuisance is traditionally used in three ways: A public nuisance is an unreasonable interference with the public’s right to property. It includes conduct that interferes with public health, safety, peace or convenience. The unreasonableness may be evidenced by statute, or by the nature of the act, including how long, and how bad, the effects of the activity may be. Private Nuisance Private nuisance is an interference with a person’s enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to easonable comfort and convenience in its occupation Other than two general kind of nuisance one kind is Environmental Nuisance Environmental Nuisance: In the field of environmental science, there are a number of phenomena which are considered nuisances under the law, including most notably noise and light pollution. Moreover there are some issues that are not necessarily legal matters that are termed environmental nuisance; for example, an excess population of insects or other vectors may be termed a “nuisance population” in an ecological sense.

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The Environmental Protection Department has a statutory duty to investigate all complaints relating to alleged nuisances. Matters considered to be a statutory nuisance are premises in such a condition as to be prejudicial to health or a nuisance, smoke, fumes or gases emitted from premises. Any dust steam or smell or any other effluvia, accumulations or deposit and animals kept in such a place or manner as to be prejudicial to health, or a statutory nuisance. The causes for environmental nuisances: <> Introduction

Tirupur (Banian City), 50kms from Coimbatore district of Tamil Nadu has emerged as a leading cotton knitwear industrial cluster in South India, both for overseas market and the domestic market. It is primarily because the climatic conditions (high temperature and low rainfall) facilitate easy processing of yarn. In addition, availability of raw material and cheap labour has ensured that the textile industry activities here experienced rapid growth in the last two decades. Today, almost 80 per cent of India’s cotton knitwear exports happen from Tirupur.

There are 6,250 units involved in various operations of the textile industry here. It has 4900 knitting and stitching units, around 736 dyeing and bleaching units, 300 printing units, 100 embroidery units and 200 units catering to compacting, raising and calendaring. Buyers from around 35 countries visit Tirupur frequently. This small town annually contributes about INR. 11000 cores (Rs. 110 billion) in foreign exchange earnings to our country, besides an earning matching or surpassing the above figure to cater the domestic market.

In brief, the economic prosperity of Tirupur depends highly on this industry and most of the local people are in one way or another involved in the knitwear business. Has the industries in Tirupur where giving in for the growth in the economy on one hand, on the other they where polluting the environment and causing issues to the daily living of the people over there. The people of Tirupur even filed a case against the Owners of the Textile industries. The following are the issues discussed. The major issues faced by the people are I.

Contamination of the water: The following industrial process and production that leads to the economic growth and also environmental issues. Industry and Production Processes: There are six production processes involved in the manufacture of knitted garments: ;; Bleaching. Bleaching is done manually or mechanically in a winch. II. Firewood: The consumption of firewood by the industry is over 437,760 tonnes per year. The steam calendaring industry uses over half of this quantity, for steam generation. The bleaching and dyeing industry uses the rest.

The firewood is used in inefficient boilers at 850 different production centres. It would be possible to substantially reduce the consumption by improving the design of the boilers. A central steam generating system could also be considered. Alternatively, a system of substitution of the fuel could be worked out—such as pre-heating with solar energy, substitution with treated municipal waste, etc. III. Solid waste produced by the Industry: Nearly 40 tonnes of combustible solid waste is generated every day by the textile industry.

This comprises paper and textile scrap (rags and threads). This has a high fuel value. The possibility of utilizing the fuel value of this waste could also be considered. These industrial and municipal wastes presently lie littered over the town, untreated and unused. Using the heat value of the waste would also help in reducing the consumption of firewood. Environmental issues of Textile processing The environmental problems of textile manufacturing are related to the bleaching and dyeing (textile processing) segment of the industry.

In textile processing, bleaching and dyeing are the two major activities that require a large amount of water. However, these activities are `non- consumptive’ and most of the water used by these units is discharged as effluent after processing. For the last two decades the dyeing units located in and around Tirupur have polluted the “Noyyal”, a non-perennial river that ends in the Cauvery, near Karur by discharging the toxic effluents into the river. Environmental Impact: A. The Orathupalayam Dam Impact: In 1991, the Orathupalayam dam was constructed on the Noyyal River to irrigate.

But instead of serving its purpose it became a storage tank for waste water as the textile units started releasing their effluent into the dam’s reservoir. This effluent could neither be discharged into the river nor be stored due to percolation and contamination of groundwater aquifers. The effect of pollution was noticed when there was great economic loss for farmers in the downstream areas of Erode and Karur districts, in addition to contaminating the river Cauvery. B. Physical Impact i. Impact on ground water: Water levels in the bore wells are lowering due to the large scale exploitation of groundwater for industrial application.

Also, the quality of water is poor from the deeper aquifers especially the TDS & TSS parameters. Generally, the water is not suitable for the textile industry and for drinking. The depth of bore well in Tirupur area varies from 1000 to 1200 feet. ii. Impact on surface water The river Noyyal which was non perennial earlier now flows throughout the year because of the effluent discharge from the industries. The water quality is very poor and few parameters like dissolved solids, chlorides, sulphate, oil and grease are higher than the permissible limit. iii. Impact on land

The continuing disposal of partially treated or untreated textile effluent either into the river or on to the land has resulted in the soil being concentrated with salts and unfit for agriculture. Farmers have resorted to the very short sighted and interim livelihood solution of sale of water (instead of tilling the land). C. Economic Impact: i. Impact on agriculture The effluent discharged into the stream and on land has severe impact on agriculture, fisheries and on drinking water. With the filling up of Orthupalyam dam with effluent, the farmers were unable to irrigate their land.

The effluent also percolated down to join the groundwater making the water unfits for both irrigation and for drinking. The yield of the crop has declined and the quality of the soil has also deteriorated. As a result of this, the water is not stored in dam presently. ii. Impact on Fisheries The fish mortality at Orathupalayam reservoir has compelled the Fisheries Department to stop fish culture here. Both the ground water and the surface water are unfit for consumption. They have to walk long distances to fetch potable water.

Effects of the discharge by the textile industry: |Chemicals used in |Hazards | |Indian textile industry | | |Detergents: |Non bio-degradable, generates toxic metabolites highly poisonous to fish. |Non-ionic detergent based on nonyl- Phenol Ethylated | | |Stain remover: |Ozone depletion, ten times more than CFC. | |Carry solvents like CC14 | | |Oxalic acid: |Toxic to aquatic organisms. |It is used for rust stain removal | | |Sequestering agents: |Banned in Europe still used in India | |Polyphosphates like Disodium Polyphosphate, Sodium Hexameter phosphate |and house hold detergents. |Printing gums: |Dermatitis, liver & kidney damage, | |Preservative Pentachlorophenol is |Carcinogenic banned | |Used in Europe & India | | |Fixing agent: |Harmful, internationally banned | |Formaldehyde and Benz indie | | |Bleaching: |Itching, harmful | |Chlorine bleaching | | |Dyeing: |Carcinogenic, internationally banned | |Amino acid | | |Liberating groups | | Case Law: Tirupur Dyeing Factory Owners vs Noyyal River Ayacutdars Protection Association on 6 October, 2009 This case was filed in the Supreme court on 6th October 2009 under the Special Leave Petition. This appeal was filed against the Judgement of the Madras High Court dismissing the Review Application of the 2007 in the said case. Ayacutdars Protection Association, a registered Association, for seeking directions for preservation of ecology and for keeping the Noyyal river in Tamil Nadu free from pollution.

According to the said Association, a large number of industries, some of them respondents before the writ court and appellants herein had indulged in dyeing and bleaching works at Tirupur area and discharging the industrial effluents into the Noyyal river which created water pollution to the extent, that the water of the river was neither fit for irrigation nor potable. The pollution also adversely affected the Orthapalayam reservoir and other tanks and channels of the said river. A similar issue i. e. menace of pollution had also earlier been raised by another association namely Karur Taluk Noyyal Canal Agriculturists Association by filing before the Madras High Court. The High Court disposed of the said petition vide judgment and order dated 26. 2. 1998 on the basis of joint Memo of Understanding filed by all the contesting parties, which contained the terms, to implement the pollution control measures and to pay the damages etc.

The High Court directed the Tamil Nadu Pollution Control Board to implement the pollution control and environmental laws and also granted liberty to decide the amount for which dyeing units were liable to reimburse for the loss caused by pollution. The dyeing and bleaching units were directed to contribute an amount to meet the expenses of cleaning of the Orathapalayam dam. For compliance of the said order, a period of three months was given. The dyeing and bleaching units’ Association filed an application for extension of time for compliance of the aforesaid directions issued by the High Court but the said application was rejected by the Court.

Being aggrieved, the Association of the unit owners approached this Court by filing the Special Leave Petition. This Court issued some directions in respect of 53 units in Tirupur and 97 units in Karur. As these directions were complied with, the said petitions were disposed. The Government of Tamil Nadu issued order dated 14. 12. 2000 to carry out a study on the restoration of Orthapalayam Dam with the help of the department of Environmental Sciences of Tamil Nadu, environmental NGOs, entrepreneurs together with Department of Forests. The study was completed and a report was prepared, according to which, there had been no improvement in the quality of water.

Thereafter, the present respondent no. 1 (Noyyal River Ayacutdars Protection Association) filed Writ Petition no. 29791 of 2003 before the Madras High Court and sought directions that respondent nos. 1-3 therein, would clean the river water stored at Orathapalayam dam within a stipulated time with its own expenses, or to recover the expenses which could be recovered from the dyeing and bleaching Units Associations and thereby preventing the pollution of the Noyyal river in future by the said units i. e. members of the Association. An interim relief was sought to restrain the private respondents from discharging their industrial effluents into Noyyal river. Judgement of the Case:

The judgement was passed in the favour of the Ayacutdars Protection Association. The court ordered for second treatment plant to all units within 3months. The discharge let out should be Zero Liquid Discharge. The orders passed by the court taken into the concern of the various recommendations made by committees appointed to prevent further pollution were being: 2007, the Pollution Control Board shall forthwith direct closure of such CETPs and the Member Units and also disconnect the power supply to such defaulting CETP and the Member Units. Issues of the case: The issue came to the rise by the government overlooking the environment part than looking into the revenue aspect. The first aspect of the issue:

The River Noyyal, which rises from the Vellingiri Hills in the Western Ghats and once considered the holiest of rivers in the Coimbatore and Tirupur region is today a chocked, encroached and polluted rivulet that struggles and pushes its way amidst effluents and toxins. Being a seasonal river with peak flow only during monsoon, the river plays reluctant host the rest of the year to untreated sewage and industrial effluents discharged by the units located along the river basin. Such effluents have already compromised agriculture in the Noyyal basin by polluting both – groundwater and river. The effects of this pollution are becoming evident. According to the Water (Prevention and Control of Pollution) Act of 1974, every industry is required to get consent to discharge its effluents. The same Act, however, empowers the State Government to exempt any region or area from the provisions of the Act.

This exempt status was granted to Tirupur to promote its textile units and the results of the PSB’s largesse can be seen floating as scum on the Noyyal. The State Government, in its eagerness to promote the textile industry conveniently overlooked all the damage that its action would cause to the area’s groundwater, the Noyyal and the agriculture in the region. Following pressure from environmentalists and farmers, appointment of chairpersons of Pollution Control Board was made by the State. The TNPCB authorities started to pressurise industries – the dyeing and bleaching units – to put up effluent treatment plants in Tirupur. The Second aspect to the issue:

Another was case was filed before the court by Noyyal River Ayacutards Protection Association the owners of the dyeing factory in and around Tirupur has imagined that they could manage the problem of industrial pollution caused by the discharge of toxic effluents into the  river. But they paid a heavy price for believing that a business-as-usual attitude would fend off the challenge from those demanding a better way of doing business. It took nearly ten years for the court to determine the judgement over Zero discharge norm of effluents and also a secondary RO plant. In the period of ten years the dyeing units have polluted the river to the extent the lands have become unfit for human use, let alone cultivation. The problem of pollution in this region is not new.

In the late 1990s, after sustained pressure from all quarters, the hosiery industry finally agreed to establish effluent treatment plants. As a result, most of the units in the town now employ some method of primary treatment, which ensures that the effluent does not have colour or odour. However, the salts used in the dyeing process remain in the effluent. With the court orders, Tirupur went on a one-day bandh on July 26, supported by most political parties and trade unions. The bandh was called to protest the State government’s “lethargic attitude” in the face of the serious crisis. here are fears that the small dyeing units will be wiped out.

In fact, some industry sources, especially those owning large units, even see this as an opportunity for consolidation. The Communist Party of India is worried that 60% of the dyeing centre will close due to court orders has they have borrowed funds to meet the norms given by the government. This impact will also affect the small exporters has they wont be able to meet the demands. Suggestions: The above clearly reveals the economic base of the knitwear industry in Tiruppur region along with the magnitude of environmental damage and the inefficiency in existing pollution management efforts. At one stage it was assumed that installation of effluent treatment plants would solve the problem.

But this did not happen because plants are not designed to remove TDS. Now pollution is not only the concern of non- industrial sectors but industries too. Water is an unavoidable input factor for textile processing. Since water resources are extremely scarce in Tiruppur region, extraction and transporting a large quantity of fresh water from distance sources and then discharging the entire waste water which leads to pollution, is not a sustainable resource management practice. Since the industrial activities are the major source of employment and income in Tiruppur, the possibilities of public agitation against pollution is also small. Now the industrial units have two options.

The first one is to enhance the existing effluent treatment plants through Reverse Osmosis (RO) and the second is to switch over to Cleaner Production Technologies (CPT). To go by the orders of the court, to the zero discharge norm is to close all the dyeing units which discharging effluents in the river. If the government extend help in this hour of crisis, it would be easy for the industries. Help in the aid of funds so that small dyers wont need to shut down. Conclusion: There is no solution once the environment is polluted. Once polluted is polluted. Reverse Osmosis may not offer a final solution yet. It may reduce effluents and the sludge.

The problem of disposal of sludge is likely to become serious in the days ahead because of the possibility of affecting the groundwater in Tirupur itself. The industries have been bitten by the liberalisation bug, has been demanding that government intervention be minimal. The industry would do well to take this into account now if it does not wish to be overtaken by circumstances or taken by surprise. Clearly, business has to take a different turn in Tirupur. Content Pg,No 1. Nuisance 2. Tirupur Issue-Introduction 3. Environmental issues of Textile processing 4. Case Law: Tirupur Dyeing Factory Owners Vs Noyyal River Ayacutdars Protection Association 5. Judgement 6. Issues to the Case 7. Suggestions 8. Conclusion Biblography The Environmental Issus over the Tirupur Textiles and it causes