M.C. Mehta (Petitioner) v. Union of India and others (Respondents) Pays/Territoire Inde Type de cour Nationale - cour supérieure Date Jan 12, 1988 Source UNEP, InforMEA Nom du tribunal Supreme Court of India Juge Venkataramiah, E.S.Singh, K.N. Numéro de référence AIR Supreme Court 1115 Langue Anglais Sujet Eau Mot clé Pollution des eaux douces/qualité des eaux douces Normes de qualité de l'eau Résumé The Petitioner filed a writ petition in the Supreme Court for the prevention of nuisance caused by the pollution of the River Ganga by tanneries and soap factories on the banks of the river, at Kanpur. The Court emphasized that the petitioner was not a riparian owner. He was a person interested in protecting the lives of the people who made use of the water flowing in the river Ganga and as such his right to maintain the petition could not be disputed. The nuisance caused by the pollution of the river Ganga was a public nuisance, which was widespread in range and indiscriminate in its effect and it would not be reasonable to expect any particular person to take proceedings to stop it as distinct from the community at large. The petition was therefore entertained as a Public Interest Litigation. The petitioner was entitled to move the Supreme Court in order to enforce the statutory provisions which impose duties on the municipal authorities and the Boards constituted under the Water Act. The Supreme Court issued several directives to the Kanpur Municipal Corporation to prevent and control pollution of the River Ganga at Kanpur. While making its order the Court observed that on account of failure of authorities to carry out these statutory duties for several years, the water in the River Ganga at Kanpur had become so polluted that it could no longer be used by the people either for drinking or bathing. The Court pronounced that what they have stated in this case applies mutatis mutandis to all other Mahapalikas and Municipalities which have jurisdiction over areas through which the River Ganga flows, and ordered that a copy of its judgment be sent to all such institutions. The Court also expressed the view that "having regard to the need for protecting and improving the environment which is considered a fundamental duty under the Constitution, it is the duty of the Central Government to direct all educational institutions to teach at least one hour a week lessons relating to the protection and improvement of the natural environment including forests, lakes, rivers, and wild life in the first ten classes". Texte intégral Jud.Dec.Nat.pre.pdf Disponible en UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 421