COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Constitutional Rights, Locus Standi

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

AIR 1987 SC 1026
P.N. BHAGWATI C. J., and G. L. OZA, RANGANATH MISRA, M.M. DHUTT and K.N. SINGH, JJ.

Introduction

This case was the third in a series of petitions to the Supreme Court which followed in the wake of the Oleum gas leak in December 1985, at Shriram Fertilizers Industries. The Petitioner filed this case under Article 32 of the Constitution, which provides for a writ against the State in case of breach of fundamental rights. Shriram contended that a writ should not issue as it was a public company and not a State.

Legal Framework

Constitution of India- Article 32.

Held

The Supreme Court held that under Article 32(l) of the Constitution it is free to devise any procedure appropriate for the particular purpose of the proceeding, namely, enforcement of a fundamental right and also has the power to issue whatever direction, order or writ as may be necessary in a given case including all incidental and ancillary power necessary for the enforcement of a fundamental right. The power of the Supreme Court is not only injunctive in ambit, that is preventing the infringement of fundamental rights, but it is also remedial in scope and provides relief against a breach of the fundamental rights already committed. In the circumstances, the Court has the power to grant compensation in appropriate cases. The Court also said that compensation could be awarded against Shriram Food and Fertilizer Corporation thereby bringing private corporations within the purview of Article 32 of the Constitution.