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Infiltration of polluted water – bacterial pollution – well’s water –undrinkability of the water – liability of REDAL company

Pays/Territoire
Maroc
Type de cour
Nationale - cour supérieure
Date
Avr 3, 2014
Source
UNEP, InforMEA
Nom du tribunal
Court of Cassation
Siège de la cour
Rabat
Langue
Anglais
Résumé

The court established that the laboratory tests confirmed that the water of the defendant’s well is polluted and contains fecal bacteria and is no longer drinkable and that the soil and plants were damaged by bacterial pollution because of the company treatment of sewage by the plaintiff’s real estate, whicn in case of pumping huge quantity of it or during rain, this water surfaces on the top and floods the front side of the house and the well, and thus the court decided the liability of the company for the damages caused to the plaintiff with certainty based on the laboratory tests that confirmed the infiltration of polluted water to the real estate subject of this litigation, based on the fact that the elevation of water level thanks to rain and based on the fact that pimping wastewater might elevate according to circumstances, and thus its decision is well grounded.


Request rejected

Texte intégral
juricaf.org
Disponible en
Court of Cassation’s Decisions on the environment