LexINDIAN COUNCIL FOR ENVIRO-LEGAL ACTION versus UNION OF INDIA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION
A
v.
UNION OF INDIA
FEBRUARY 13, 1996
[B.P. JEEVAN REDDY AND B.N. KIRPAL, JJ.]
B
Constitution of India, 1950 : Articles 21 and 32.
Writ Petition-Maintainability of-Social action litigation--On behalf
of affected villagers-Due to pollution caused by private chemical in-
C
dustries--Directed against Central and State Govemments and State Pollution
Control Board-To compel them to perfonn their statutory duties-Held :
Petition maintainable even if private chemical industries were not amenable
to writ jurisdiction-The Cowt had power and duty to intervene and protect
right to life of citizens-Water (Prevention and Control of Pollution) Act,
1981-AIR (Prevention and Control of Pollution) Act, 1981-Hazardous D
Wastes (Management and Handling) Rules, 1989.
Constitution of India, 1950 : Article 32.
Petition complaining of pollution by private chemical industries-Court
can direct Central Govemment to recover costs of remedial measures from
offending industries-Question of awarding damages against these industries
left open.
Environmental (Protection) Act, 1986: Sections 3 & 4.
Environmental Pollution-Remedial measures-Costs for carrying
out-Central Govemment could levy on pollute~Such power was implicit in
Sections 3 & 4.
·Environmental (Protection) Act, 1986: Sections 3 & 5.
E
F
I
G
Envirimmental Pollution-Remedial measures-Pollute~Liability
of-To defray costs-{Jniversally accepted as sound principle-central
Govemment empowered to give directions and take measures for giving effect
to this principle.
Environmental Pollution-chemical industries-Main culprits-Their H
503
504
SUPREME COURT REPORTS
[1996] 2 S.C.R.
A
establishment and functioning must be scmtinized rigorously.
Torts:
Environmental pollutiort--Negligence-P1inciples of "strict liability'' and
"Polluter pays"-Applicability of-Hazardous or inherently dangerous ac-
B
tivity-Person carrying on-Absolute liability-Rule of-Laid down-In
Oleum gas leak-Not obiter but appropriate and binding--Rule in Reylands
v. Fletche1~Suitability and applicability to Indian conditions.
c
D
E
Practice and Procedure :
Environmental pollution-:;-R.ight to life-Invasion of-Due to pollution
caused by private chemical industries-Rep01ts from experts-Called by
Court-Use of-Various orders passed on basis of reports-Objection there-
tO-Urged at a belated stage after lapse of several years-Wholly unacceptable.
The units/factories of the Respondents, located in an industrial
complex, were all chemical industries and were controlled by the same
group of individuals. The respondents started producing certain chemicals
like Oleum (concentrated form of sulphuric acid), Single Super Phosphate,
'H' acid, fertilizers and a few other products. The respondents had not
obtained the requi.site clearances/consents/licences; nor did they instal any
equipment for treatment of highly toxic effiuents discharged by them. 'H'
acid was meant for export exclusively. Its manufacture gave rise to enor-
mous quantities of highly toxic effiuents-in particular iron - based and
gypsum-based sludge - which if not properly treated, posed grave threat to
mother Earth. It poisoned the earth, the water and everything that came
F ·in contact with it. The chemical produced ~y the respondents had given
birth to highly toxic sludge (iron-based sludge and gypsum-based sludge)
besides other pollutants. Since the toxic untreated waste waters were
allowed to flow out freely and because. the untreated toxic sludge was
thrown in the open in and around the complex, the toxic substances had
percolated deep into the bowels of the earth polluting foe acquifers and
G the sub-terranean supply of water. The water in the wells and the streams
and turned dark and dirty rendering it unfit for human consumption, unfit
for cattle to drink and for irrigating the land. The soil had become polluted
rendering it unfit for cultivation, the main stay of the villagers, resulting
in misery to the vill~gers needs no emphasis. It spread disease, death and
H disaster in the village and the surrounding areas. The villagers then rose
/.
..
INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION v. U.O.I.
505
in virtual revolt leading to the imposition of Section 144 Cr.P.C. by the A
District Magistrate in the area. It was averred by the respondents that
both the units, had stopped manufacturing 'ff' acid and were closed. Yet
the consequences of their action remaiExcerpt shown. Read the full judgment & AI analysis in Lexace.