COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Constitutional Rights, Public Interest, Water Pollution

SUBASH KUMAR v. STATE OF BIHAR

AIR 1991 SC 420
KN. SINGH and N. D. OJHA JJ.

Introduction

The Petitioner filed a public interest petition in terms of Article 32 of the Constitution, pleading infringement of the right to life guaranteed by Article 21 of the Constitution, arising from the pollution of the Bokaro river by the sludge/slurry discharged from the washeries of the Tata Iron and Steel Company Limited (TISCO). It was alleged that as a result of the release of effluent into the river, its water is not fit for drinking purposes nor for irrigation. The Respondents established that TISCO and the State Pollution Control Board, had complied with statutory requirements, and that the Petitioner was motivated by self interest.

Held

The Court observed that Article 32 is designed for the enforcement of fundamental rights. The right to life enshrined in Article 21, includes the right to enjoyment of pollution-free water and air for the full enjoyment of life. If anything endangers or impairs the quality of life, an affected person or a person genuinely interested in the protection of society would have recourse to Article 32. Pubic interest litigation envisages legal proceedings for vindication or enforcement of fundamental rights of a group of persons or community which are not able to enforce their fundamental rights on account of their incapacity, poverty or ignorance of law. However, public interest litigation cannot be resorted to satisfy a personal grudge or enmity. Personal interest cannot be enforced through the process of Court under Article 32 in the garb of public interest litigation. Since the instant case was motivated by self interest, it was accordingly dismissed.