M.C. MEHTA & ANR. ETC. versus UNION OF INDIA & ORS. ETC.

M.C. MEHTA & ANR. ETC. versus UNION OF INDIA & ORS. ETC.

For restarting Shriram's caustic chlorine plant pending full hearing, Court imposed strict conditions including compliance with expert committee recommendations and financial security for compensation; emphasized the need for national policy and scientific input in adjudicating hazardous industries.

Parties
Petitioner: M.C. Mehta; Petitioner: Anr.; Respondent: Union of India; Respondent: Delhi Cloth Mills Ltd. (Shriram)
Jurisdiction
India
Judgment Date
17 February 1986
Procedural Posture
Writ Petition (civil) Nos. 12739 of 1985 and 26 of 1986 / Interim Order on Restarting Plant and Conditions; Final Hearing Deferred
Outcome
Interim order suspending prohibitions; allowed plant restart subject to compliance with 11 safety conditions and furnishing security for compensation.
Legal Topics
Power of Supreme Court Under Article 32, Public Interest Litigation, Hazardous Industries, Environmental Pollution, Factory Safety, Compensation for Gas Leak Victims
Constitutional Law Environmental Law Public Interest Litigation Power of Supreme Court Under Article 32 Hazardous Industries Environmental Pollution Factory Safety Compensation for Gas Leak Victims

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Parties

M.C. Mehta

Petitioner

Anr.

Petitioner

Union of India

Respondent

Delhi Cloth Mills Ltd. (Shriram)

Respondent

Procedural Posture

Writ Petition (civil) Nos. 12739 of 1985 and 26 of 1986 / Interim Order on Restarting Plant and Conditions; Final Hearing Deferred

Legal Issues

  1. 1 Should the caustic chlorine plant at Shriram be permitted to restart pending compliance with safety measures?
  2. 2 Under what conditions can hazardous industries operate in thickly populated areas?
  3. 3 What is the liability and quantum of compensation for victims in hazardous industry gas leaks?

Ratio Decidendi

For restarting Shriram's caustic chlorine plant pending full hearing, Court imposed strict conditions including compliance with expert committee recommendations and financial security for compensation; emphasized the need for national policy and scientific input in adjudicating hazardous industries.

Court Disposition

Interim order suspending prohibitions; allowed plant restart subject to compliance with 11 safety conditions and furnishing security for compensation.

Orders

  • Shriram permitted to restart caustic chlorine plant subject to 11 conditions including compliance with expert recommendations, periodic reporting, and deposit of Rs. 20 lakhs and bank guarantee of Rs. 15 lakhs for compensation.
  • Permission to restart stands withdrawn if safety conditions/security not fulfilled within two weeks.