COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Public Interest, Water Pollution

M.C. MEHTA v. UNION OF INDIA and others

AIR 1988 SUPREME COURT 1037
E.S. VENKATARAMIAH and K.N. SINGH J.J.

Introduction

This was a continuation of earlier public interest litigation requesting the court to prevent tanneries, which were polluting the River Ganga, from operating until they installed primary effluent treatment plants. The court passed the order accordingly.

Held

In the context of this case, the following passages from the United Nations Conference of the Human Environment held in 1972 in Stockholm were quoted by the Court in its judgement:

"Both aspects of man's environment, the natural and the manmade, are essential to his well being and the enjoyment of basic human rights - even the right to life itself. The protection and improvement of the human environment is a major issue which affects the well being of peoples and economic development throughout the world, it is the urgent desire of the peoples of the whole world and the duty of all governments."

"What is needed is an enthusiastic but calm state of mind and intense but orderly work...To defend and improve the human environment for present and future generations has become an imperative goal...Achievement of this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level."

The Court, while ordering the closure of certain tanneries observed that it was conscious that the closure of the tanneries may bring unemployment.