M.C.MEHTA versus UNION OF INDIA AND ORS.

Calcutta tanneries operating in violation of Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986; polluting tanneries must be unconditionally closed and relocated, must pay compensation and pollution fine; polluter pays principle applies and compensation is to be used to restore environmental damage.

Parties: Petitioner: M.C. Mehta; Respondents: Union of India and Ors.
Jurisdiction: India
Judgment Date: 19 December 1996
Procedural Posture: Writ Petition (civil) No. 3727 of 1985 / Final Judgment
Outcome: Petition disposed of with costs.
Legal Topics: Ecology, Pollution Control, Polluter Pays Principle, Compensation for Environmental Damage, Closure and Relocation of Industry

Environmental Law Constitutional Law Ecology Pollution Control Polluter Pays Principle Compensation for Environmental Damage Closure and Relocation of Industry

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Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3

Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 3727 of 1985 / Final Judgment

Legal Issues

1 Whether Calcutta tanneries should be relocated due to pollution of River Ganga
2 Whether tanneries are liable for compensation and fines for environmental damage
3 Mandatory compliance with Water Act and Environment Protection Act

Ratio Decidendi

Court Disposition

Petition disposed of with costs.

Orders

Unconditional closure of all Calcutta tanneries w.e.f. September 30, 1997.
Relocation of tanneries to new leather complex set up by West Bengal Government.