M.C. MEHTA versus UNION OF INDIA & OTHERS

M.C. MEHTA versus UNION OF INDIA & OTHERS

Industries that cannot comply with minimum statutory requirements to prevent pollution—such as establishing primary treatment plants for effluent—cannot be permitted to continue, regardless of claimed financial incapacity. The Court is empowered to order closure of polluting industries and enforce environmental obligations when statutory authorities fail.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India; Respondent: Respondent Nos. 2 and 3; Respondent: Respondent No. 87; Respondent: Respondent No. 89; Respondent: Other Respondents (Tanneries and Industrialists); Intervener: Intervener
Jurisdiction
India
Judgment Date
22 September 1987
Procedural Posture
Writ Petition / Final Judgment and Interim Orders
Outcome
Directions issued for closure of non-compliant tanneries; interim orders for compliance; writ petition partially disposed continuing for further municipal respondents.
Legal Topics
Water Pollution, Pollution Control, Public Nuisance, Duties of Statutory Authorities, Environmental Protection, Fundamental Duties, Closure of Polluting Industries
Environmental Law Constitutional Law Water Pollution Pollution Control Public Nuisance Duties of Statutory Authorities Environmental Protection Fundamental Duties +1 more

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Parties

M.C. Mehta

Petitioner

Union of India

Respondent

Respondent Nos. 2 and 3

Respondent

Respondent No. 87

Respondent

Respondent No. 89

Respondent

Other Respondents (Tanneries and Industrialists)

Respondent

Intervener

Intervener

Procedural Posture

Writ Petition / Final Judgment and Interim Orders

Legal Issues

  1. 1 Whether tanneries at Jajmau, Kanpur, may discharge untreated industrial effluents into the river Ganga
  2. 2 Whether the statutory authorities have fulfilled their obligation to prevent water pollution under statutory and constitutional law
  3. 3 Appropriateness of Court issuing directions for closure of polluting industries when statutory authorities fail to act

Ratio Decidendi

Industries that cannot comply with minimum statutory requirements to prevent pollution—such as establishing primary treatment plants for effluent—cannot be permitted to continue, regardless of claimed financial incapacity. The Court is empowered to order closure of polluting industries and enforce environmental obligations when statutory authorities fail.

Court Disposition

Directions issued for closure of non-compliant tanneries; interim orders for compliance; writ petition partially disposed continuing for further municipal respondents.

Orders

  • Certain tanneries directed to stop running and effluent discharge from 1.10.1987 unless primary treatment plants as approved by the State Board are in place.
  • Tanneries represented by counsel given time till 31.3.1988 to establish primary treatment plants, failing which business to stop from 1.4.1988.