COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Water Pollution

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

AIR 1988 SUPREME COURT 1115
E.S. VENKATARAMIAH and KN. SINGH JJ.

Introduction

The Petitioner filed a writ petition in the Supreme Court for the prevention of nuisance caused by the pollution of the River Ganga by tanneries and soap factories on the banks of the river, at Kanpur. The petition was entertained as public interest litigation to enforce the statutory provisions which impose duties on the Municipal Authorities and the Boards constituted under the Water Act.

Legislative Framework

Articles 21,32 and 226 of the Indian Constitution.
Municipalities Act, 1911, Sections 245 and 275.
Environment (Protection Act), 1986, Section 7.
Water (Prevention and Control of Pollution) Act- 1974 Sections 2 and 19.

Held

The Supreme Court issued several directives to the Kanpur Municipal Corporation to prevent and control pollution of the River Ganga at Kanpur. While making its order the Court observed that nuisance caused by the pollution of the River Ganga was widespread and was a serious public nuisance. On account of failure of authorities to carry out these statutory duties for several years, the water in the River Ganga at Kanpur has become so polluted that it can no longer be used by the people either for drinking or bathing.

The Court also pronounced that what they have stated in this case applies mutatis mutandis to all other Mahapalikas and Municipalities which have jurisdiction over areas through which the River Ganga flows, and ordered that a copy of its judgement be sent to all such institutions.

The Court also expressed the view that "having regard to the need for protecting and improving the environment which is considered a fundamental duty under the Constitution, it is the duty of the Central Government to direct all educational institutions to teach at least one hour a week lessons relating to the protection and improvement of the natural environment including forests, lakes, rivers, and wild life in the first ten classes"

Cases Cited

(I) AIR 1988 SC 1037
(ii) (1987) 4 SCC 463 1.4
(iii) (1953) Ch. 149
(iv) (1953) 2.WLR 179