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M.C. Mehta & Anr v. Union of India & Ors

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Feb 17, 1986
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Sede de la corte
New Delhi
Juez
Bhagwati
Madon
Número de referencia
(1986) INSC 19
Idioma
Inglés
Materia
Desechos y sustancias peligrosas
Palabra clave
Sustancias peligrosas
Resumen
Delhi Cloth Mills Ltd. ran an enterprise called Shriram Foods and Fertilizer Industries, which had several units engaged in the manufacture of caustic soda, chlorine, hydrochloric acid, stable bleaching powder, superphosphate, vanaspati, soap, sulphuric acid, alum anhydrous sodium sulphate, high test hypochlorite and active earth. These various units were all set up in a single complex and within a radius of 3 kilometres from this complex there was a population of approximately 200,000. In 1985, a major leakage of oleum gas took place from one of the units of Shri Ram and this leakage affected a large number of persons, both amongst the workmen and the public. A committee appointed by the Supreme Court visited the caustic chlorine plant and submitted a Report in which it pointed out various inadequacies in the plant and expressed the opinion that it was not possible to eliminate hazard to the public so long as the plant remained at the present location. By adopting proper and adequate safety measures, the element of risk to the workmen and the public could only be minimised, but it could not be totally eliminated. The Supreme Court emphasized that a national policy would have to be evolved by the Government for location of toxic or hazardous industries and a decision would have to be taken in regard to relocation of such industries with a view to eliminating risk to the community likely to arise from the operation of such industries. It was undoubtedly true that chlorine gas was dangerous to the life and health of the community. However, in view of the report of yet another Expert Committee appointed for the purpose of ascertaining whether the various recommendations made in the earlier reports had substantially been complied with or not, and taking into consideration that even the restarting of the recovery plants like soap, not involving any health hazard, would not be possible unless the caustic chlorine plant was also restarted the balance of convenience would tilt in favour of Shriram to be allowed to restart their plants subject to certain stringent conditions. The court also held that since cases involving issues of environmental pollution, ecological destruction and conflicts over natural resources were increasingly coming up for adjudication and these cases involved assessment and evolution of scientific and technical data, it could be desirable to set up Enviornment Courts on the regional basis with one professional Judge and two experts drawn from the Ecological Sciences Research Group keeping in view the nature of the case and the expertise required for its adjudication. There would of course be a right of appeal to this Court from the decision of the Environment Court.
Texto completo
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