COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Chemical Plant Closure, Environmental Court

M.C. MEHTA AND OTHERS v. SHRIRAM FOOD AND FERTILIZER INDUSTRIES and UNION OF INDIA
(OLEUM GAS LEAK CASE - I)

AIR 1987 SC 965
P.N. BHAGWATI C. J., D. P. MADAN and G. L. OZA. JJ.

Introduction

The Petitioner, in the Supreme Court, sought the closure of a chlorine plant of Shriram Foods and Fertilizers Industries situated in a densely populated area, following the disastrous consequences of a leakage of oleum gas from the plant in December 1985, as a result of which one person died and several suffered serious harm. Following the gas leak, the District Magistrate acting under Section 133 of the Criminal Procedure Code, granted the management of the company 7 days to remove the dangerous substance from the company's premises. Subsequently, the Inspector of Factories ordered the closure of the chlorine and sulphuric plants. The closure of the plant affected 4000 employees and was firmly opposed by the management and the labour unions. The question before the court was whether the chlorine plant should be allowed to re-start operations.

Legal Framework

Criminal Procedure Code Section 133.

Held

The Supreme Court was of the view that, considering the large scale unemployment and industrial dislocation that the shortage of products like chlorine would create, the plant should be permitted to re-start subject to detailed conditions. These conditions would pertain to weekly inspection, periodic health checks for the workers, setting up of safety committees comprising workers' representatives, training of workers in safety measures, etc.

The Court made observations regarding the importance of zoning of industries and providing green belts around hazardous industries. The Court also recommended the setting up of an Environmental Court.

Referring to the many cases that are coming before the courts for adjudication, involving issues of environmental pollution, ecological destruction and conflicts over natural resources, the Court stated that it might be "desirable to set up Environmental Courts on a regional basis, with one professional judge and two experts drawn from the Ecological Sciences Research Group, keeping in view the nature of the case and expertise required for its adjudication. There would be of course a right of appeal to this Court from the decision of the Environmental Court"