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

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

The Court held that the air pollution in Delhi and NCR constituted a grave violation of Article 21 engaging the responsibility of State and local authorities; it issued mandatory interim directions requiring Central and State authorities to implement measures to prevent stubble burning, provide assistance and machinery to small and marginal farmers (including payment of incentive of Rs.100 per quintal for non-burning of non-basmati paddy), restrain construction/demolition subject to conditions, pilot and evaluate pollution-control technologies (smog towers, anti-smog guns and others), strengthen waste management and industrial emission enforcement, and ordered production of status reports...

Parties
Petitioner: M. C. Mehta; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
13 January 2020
Procedural Posture
Writ Petition (civil) No. 13029 of 1985 / Interlocutory Applications (ia Nos. 158128 and 158129 of 2019) and Status Report Proceedings
Outcome
Interim directions issued; status reports, pilot projects and show-cause notices directed; matter adjourned for further consideration
Legal Topics
Air Pollution, Stubble Burning, Waste Management, Industrial Emissions, Public Trust Doctrine, Remedial Orders and Compensation, Pollution Control Technologies (smog Towers, Anti Smog Guns)
Environmental Law Constitutional Law Administrative Law Air Pollution Stubble Burning Waste Management Industrial Emissions Public Trust Doctrine +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

M. C. Mehta

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 13029 of 1985 / Interlocutory Applications (ia Nos. 158128 and 158129 of 2019) and Status Report Proceedings

Legal Issues

  1. 1 Whether large-scale air pollution in Delhi and NCR arising from stubble burning, construction/demolition, waste burning, unpaved roads and industrial emissions violates Article 21 and engages State responsibility
  2. 2 Whether Central and State authorities have failed in statutory and constitutional duties to prevent pollution and may be directed to take remedial measures and possibly pay compensation
  3. 3 Whether technological measures (smog towers, anti-smog guns, oxy-furnaces, nanotechnology, monitoring technologies) are feasible and should be piloted/deployed

Ratio Decidendi

The Court held that the air pollution in Delhi and NCR constituted a grave violation of Article 21 engaging the responsibility of State and local authorities; it issued mandatory interim directions requiring Central and State authorities to implement measures to prevent stubble burning, provide assistance and machinery to small and marginal farmers (including payment of incentive of Rs.100 per quintal for non-burning of non-basmati paddy), restrain construction/demolition subject to conditions, pilot and evaluate pollution-control technologies (smog towers, anti-smog guns and others), strengthen waste management and industrial emission enforcement, and ordered production of status reports...

Court Disposition

Interim directions issued; status reports, pilot projects and show-cause notices directed; matter adjourned for further consideration

Orders

  • Chief Secretaries of Punjab, Haryana, Uttar Pradesh and NCT of Delhi to ensure no stubble burning and to be present before the Court; Gram Panchayats and police to prepare inventory of offenders and be accountable
  • State Governments to provide incentive of Rs.100 per quintal for non-basmati paddy to farmers who do not burn stubble and to make machinery available to small and marginal farmers (free or on nominal rent) and prepare comprehensive schemes