Oleum Gas Leak (MC Mehta vs Union of India, 1985):
Facts:
The Oleum Gas Leak case, officially known as M.C. Mehta vs Union of India, is a landmark environmental case in India. It revolves around the leakage of oleum gas from the Shriram Food and Fertilizer plant located in Delhi. The leakage of toxic gas led to severe environmental and health hazards in the surrounding area.
Issues:
The main issues raised in the case included:
a. The responsibility of industries to prevent and mitigate environmental pollution and harm caused to people's health.
b. The adequacy of laws and regulations related to industrial safety and environmental protection.
c. The extent to which industries could be held liable for the damage caused due to their negligence.
Judgment:
The Supreme Court of India, in its judgment, took a strong stance on environmental protection and industrial responsibility. The court ruled that the principle of "strict liability" would be applicable in cases of hazardous industries. This meant that industries engaged in hazardous activities would be held liable for any harm caused to the environment and people, regardless of whether they were negligent.
The court directed various measures to prevent such incidents, including the use of the "precautionary principle" and the "polluter pays principle." It emphasized the importance of public welfare over the interests of industries. The case played a significant role in shaping environmental jurisprudence in India and highlighted the need for stringent regulations and enforcement in industries that could pose risks to public health and the environment.