INDORE INSTITUTE OF LAW

(Affiliated to D.A.V.V. & BCI)

B.A.LL.B. (HONS)
SUBJECT: ENVIRONMENTAL LAW
TOPIC: AN ANALYSIS OF RESOURCE SUSTAINABILITY
AND MANAGEMENT : MC MEHTA CASE
SUBMITTED TO:

Asst. Prof. Mr. Shubham Solanki

SUBMITTED BY:

SWATI VERMA [2019/B.A. L.L.B.]

SEMESTER – V
 Declaration

I hereby declare that the project entitled “AN ANALYSIS OF RESOURCE

SUSTAINABILITY AND MANAGEMENT: MC MEHTA CASE” submitted for the
“Environmental law research" is my original work and the project has not formed the
basis for the award of any degree, associate ship, fellowship or any other similar titles.

Signature of the Student:

Name of the Student:

Place:

Date:
 Certificate

This is to certify that the project entitled, “AN ANALYSIS OF RESOURCE

SUSTAINABILITY AND MANAGEMENT: MC MEHTA CASE” submitted by
"SWATI VERMA” in partial fulfillment of the requirements for the "Environmental law
research" in "B.A.LL.B" at the "Indore Institute of Law" is an authentic work carried out
by him under my supervision and guidance.

To the best of my knowledge, the matter embodied in the project has not been submitted
to any other University / Institute for the award of any Degree or Diploma.

Date:

Signature:

Mr. Shubham Solanki

Asst. Professor
 Acknowledgement

"I have taken efforts in this project. However, it would not have been possible without the
kind support and help of many individuals and organizations. I would like to extend my
sincere thanks to all of them.

I am highly indebted to Mr. Shubham Solanki for their guidance and constant supervision
as well as for providing necessary information regarding the project & also for their
support in completing the project.

I would like to express my gratitude towards my parents & member of Indore Institute of
Law for their kind co-operation and encouragement which help me in completion of this
project.

My thanks and appreciations also go to my colleague in developing the project and

people who have willingly helped me out with their abilities."

SWATI VERMA

Sem V
ABSTRACT

Environment is a broad concept encompassing the whole range of diverse surroundings in which
one perceives experience and react to events and changes. It includes the land, water, vegetation,
air and the whole gamut of the social order. It also includes the physical and ecological
environment. It concerns people’s ability to adapt both physically and mentally to the continuing
changes in environment.

The world economies have unified in their efforts to achieve the goals of sustainable
development. This is in sheer contrast to the earlier approaches where governments pursued
goals for the growth and development of their respective economies. The struggle for growth and
excellence has created imbalance in the economic development among countries, depleted some
of the natural resources and has thus altered the ecological balance. The impact of this is being
experienced in the form of global warming and climate change. Since this threatens the very
existence of human life on earth, a course of action that would ensure a safe environment for
future generations has become the need of the hour. Sustainable development is a term coined to
ensure that development takes place in such a way that natural resources are sustained and
passed on to the future generations unimpaired. This paper makes an attempt to understand the
challenges encountered by India in achieving Sustainable development goals and offers
suggestions to overcome them. 2018, Indian Journal of Public Health Research and
Development. All Rights Reserved.
TABLE OF CONTENTS

S.NO. TOPIC PAGE NO.

1. INTRODUCTION

2. SUSTAINABLE DEVELOPMENT

3. BASIC OBJECTIVES OF SUSTAINABLE

DEVELOPMENT

4. SCOPE AND EXTENT OF SUSTAINABLE

DEVELOPMENT

5. SALIENT PRINCIPLES OF SUSTAINABLE

DEVELOPMENT
a) Inter-Generational Equity.-
b) And Conservation of Natural Resources
c) Environmental Protection
d) Precautionary Principle
e) “Polluter Pays” Principle
f) Principle of Liability to help and Co-operate-
g) Poverty Eradication

6. ABOUT MC MEHTA

7. SOME LANDMARK CASES OF MC MEHTA

 M.C MEHTA V. UNION OF INDIA , 1987 (Shriram
food fertilizer case)
  M.C. Mehta v. Union of India (Kanpur
Tanneries),1988
 MC Mehta vs Kamal Nath , 1997

8. CONCLUSION
INTRODUCTION

Environmental Law is a developing branch of law in India. This growth is conspicuous by the
remarkable activism on part of the judiciary and the legislature in the latter part of the 20th
century. A large number of socioeconomic problems faced in the nation were discussed by the
courts in various cases over a broad range of issues which cropped up from time to time , with
the eventuality that old laws were sharpened to meet the changing societal needs. 1 New laws
were framed to meet the emerging challenges- the Environmental Protection Act, 1986 being a
watershed which ultimately deals with the protection and sustainability of environment. It is
must that the environmental resources should be used in a sustainable way and without making
too much loss to the environment and without harming it.

SUSTAINABLE DEVELOPMENT

The principle of sustainable development has evolved on the basic assumption of co-existence of
two apparently conflicting notions i.e. development and environment. But from the practical
point of view, ecological, economic and social aspects of sustainability are inseparable.2

The principle of sustainable development emphasises on two basic needs, firstly, need for socio-
economic development and secondly, need of limitation imposed on the environment's capability
to cope with the present and future requirements.

BASIC OBJECTIVES OF SUSTAINABLE DEVELOPMENT

(1) to maintain production of goods and services for development and efficiency;

(2) conversation and management of neutral resources including preservation of bio-diversity

and maintenance of biological integrity;

(3) maintenance and enhancement of the quality of life adopting the principle of equitable
distribution of wealth and material resources.

1
Hitesh kumar Valeja, introduction, MC MEHTA AND DEVELOPMENT OF ENVIRONMENTAL JURISPRUDENCE IN
INDIA (oct. 10 2019), https://www.lawctopus.com/wp-content/uploads/2018/08/PROJECT-WORK.pdf
2
What is sustainable development (oct 10 2019), http://www.sd-commission.org.uk/pages/what-is-sustainable-
development.html
These objective may respectively be called as economic, environmental and social objectives of
the principle of sustainable development.3

From the environmental point of view, the objective of the principle of sustainable development
centres round three issues, namely, (i) to maintain essential ecological processes, (ii) to preserve
genetic diversity; and (iii) to secure sustainable utilization of species and ecosystems.

SCOPE OF EXTENT OF SUSTAINABLE DEVELOPMENT

The concept of sustainable development, is aimed at meeting the needs of the present without
compromising the ability a future generations to meet their own needs.

Sustainable development involves a multi-faceted approach i.e. (1) economic, (2) human, (3)
environmental, and (4) technological. It is a process which seeks to bring improvement in the
quality of human life alongwith conservation of the ecological system. Thus, development and
environment, both are inter-dependent and therefore, there cannot be development without
protection of environment, nor can there be conservation of environment without development.4

The former U.N. General-Secretary Kofi-Annan had identified five areas for the applicability of
the principle of sustainable development. They are (1) water, (2) health, (3) power and energy,
(4) Agriculture and (5) Bio-diversity.

Former Prime Minister of India Smt. Indira Gandhi had categorically stated in her address at the
Stockholm Conference, 1972 that water, air, land, soil, plants, trees and living organisms must be
preserved because they are valuable natural resources for the benefit of the future generations.5

SALIENT PRINCIPLES OF SUSTEINABLE DEVELOPMENT

1. Inter-Generational Equity.- The principle of inter-generational equity pre-supposes the right

of each generation of human beings to benefit from cultural and natural resources of the past
generation as well as the ‘obligation’ to preserve such heritage for future generations. The

3
Objectives and goals, Sustainable Development in the 21st century (SD21) (0ct. 10 2019),
https://sustainabledevelopment.un.org/sd21.html
4
IBID
5
Scope of sustainable development, sustainable development: concept and scope (oct 10 2019),
http://egyankosh.ac.in/bitstream/123456789/9869/1/Unit%201.pdf
principle emphasises on conservation of biodiversity resources and of the renewable sources like
forests, water, soil etc.6

2. Use And Conservation of Natural Resources - This principle requires that earth's natural
resources should be carefully used in such a way that they may be conserved and enhanced for
the future generation. It must be borne in mind that natural resources are already depleting due to
poverty, over- population, urbanisation, industrialisation etc. and there is likely to be acute
shortage of these resources in future. Therefore, there is dire need to develop techniques and
technologies which may need minimal utilization of natural resources.7

3. Environmental Protection- Environmental protection is an integral part of sustainable

development. Most of the nations have enacted environmental protection laws to ensure
sustainable development within their territories. In order to reinforce sustainable development,
an effective environmental protection mechanism is needed. It is generally seen that inadequate
protection of environment or its degradation affects the poorest sections of the society most as
they draw a large part of their livelihood from unmarked environmental resources such as
forests, water from hand pumps, air polluted and noisy slum dwellings etc. 8

4. Precautionary Principle- The precautionary principle seeks to ensure that a substance or

human activity which may cause a threat to the environment is prevented from causing harm to
environment, even if there is no conclusive scientific proof of linking that particular substance or
human activity to environmental damage. Thus, precautionary principle pre-supposes that onus
of proof is on the industrialist to show that his action is benign, that is not harmful to
environment.

The precautionary principle in the context of environmental protection is essentially about the
management of scientific risk. It is a component of the concept of ecologically sustainable
development and has been defined in Principle 15 of the Rio Declaration, 1992.” According to
this principle, “where there is threat of serious or irreversible environmental damage, lack of full

6
Sharon Beder, intergeneration of equity, Costing the Earth: Equity, Sustainable Development and Environmental
Economics (oct 10 2019), https://documents.uow.edu.au/~sharonb/esd/equity.html
7
Kavita kait, Use and conservation of natural resources, Sustainable Development, Guiding Principles And Values
(oct 10 2019), http://www.legalservicesindia.com/article/1641/Sustainable-Development,-Guiding-Principles-And-
Values.html
8
ibid
scientific certainty should not be used as a reason for postponing measures to prevent
environmental degradation." In other words, any human activity or behaviour which bears the
harmful effect to the environment, has got to prevented at all costs.9

5. “Polluter Pays” Principle- All the member countries participating in the Organisation For
Economic Co-operation and Development (O.E.C.D.) agreed to incorporate in their
environmental policies the principle of 'polluter pays' so as to discourage subsidies that could be
detrimental for trade. “Polluter Pays” principle was considered to be one of the best method for
prevention of environmental pollution. But there were practical difficulties in working out an
exact definition of the principle as there could be dispute as to the limits on payment for damages
caused and exact scope of the applicability of principle.

Finally, the “polluter pays” principle was recognised as an integral part of the sustainable
development by the international community arid was incorporated as Principle 16 of the Rio
Declaration of Earth Summit, 1992. The principle reads as follows :-
“Principle 16 National authorities should endeavour to promote the internationalisation of
environmental costs and the use of economic instruments taking into account the approach that
the polluter should in principle bear the cost of pollution with due regard to the public interest
and without distorting international trade and investment.”10

The Supreme Court in M.C. Mehta v, Kamal Nath, observed that ‘polluter pays principle has
been recognised as fundamental objective of Government's environmental policy to prevent and
control pollution. The Court in this case observed that the calculation of environmental damages
should not be on the basis of claim put forward by the party, but it should be on the basis of
examination of the situation by the Court, keeping in view the factors such as deterrent nature of
the award.11

6. Principle of Liability to help and Co-operate- This principle has been specifically
incorporated in Rio-Declaration (1992) as Principle 9 which provides that the States should co-
operate to strengthen indigenous capacity building for sustainable development by improving

9
Linus Wealth, Precaution (oct 10 2019), https://www.sustainable-environment.org.uk/Principles/Precaution.php
10
Rupin Chopra, History, India: Polluter Pays Principle (oct 10 2019)
,http://www.mondaq.com/india/x/645232/Clean+Air+Pollution/Polluter+Pays+Principle
11
Harshdeep Singh, Polluter pays principle in Indian context, Polluter pay: an economic or a legal principle (oct 10
2019), https://www.legalbites.in/polluter-pays-principle-economic-legal/
scientific understanding through exchanges of scientific and technological knowledge and by
enhancing the development, adaptation, diffusion and transfer of technologies including new and
innovative technologies.12

Finally, Principle 27 of the Rio Declaration expects people and the States to co-operate in good
faith and in a spirit of partnership in the future development of international law in the field of
sustainable development.

7. Poverty Eradication- Poverty is perhaps the worst contributing factor for polluting the
environment and causing its degradation. Smt. Indira Gandhi, the Late former Prime Minister of
India, addressing the Stockholm Conference on Human Environment in 1972 said, “of all
pollutants we face, the worst is poverty”.13

The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary for
achieving the goal of sustainable development, particularly m the developing countries.

India being a developing country, its more than 30 per cent population is living below the
poverty line. The pitiable condition of slum-dwellers, scaricity of food, fuel, kerosene oil etc. are
serious problems for environment. Due to lack of residential, houses crores of poor men, women
and children are compelled to live in slums and even on road-side temporary hutment in most
unsanitary conditions without sufficient food and water. Thus, they have to live in unwholesome
environmental conditions. Therefore, India needs cooperation and help from the developed
countries to help and support the poverty alleviation programme and maintenance of wholesome
environmental conditions.

ABOUT MC MEHTA

A lawyer by profession and a committed environmentalist by choice, he has made the fight to
protect India’s environment his unending mission. He has pioneered legal activism for
environmental protection and is proof that one man can make a difference. Born on October 12,

12
Supra note 7
13
Firdoos Ahmad Wani, Poverty Eradication and Sustainable Livelihood, Make in India: Poverty Alleviation and
Sustainable Development (oct 10 2019),
https://www.researchgate.net/publication/321492701_Make_in_India_Poverty_Alleviation_and_Sustainable_Dev
elopment
1946 M C Mehta (Mahesh Chander Mehta) belongs to a small village in district Rajouri in the
State of Jammu & Kashmir (India). It was here that his love for nature, instilled in him a sense of
commitment towards protecting the environment. He got his education up to primary level in his
village Dhangri. Later, to get higher education he had to join School at Rajouri. For few years he
travelled from his village to School and back by crossing two rivers and about 15 km. of distance
everyday. After his schooling at Rajouri he moved to Jammu and completed his Post Graduation
in Political Science and Law degree from Jammu University and started his practice in Jammu &
Kashmir High Court. During his stay in Jammu he took active part in social and political issues.
He raised his voice against corruption and motivated students and youth to fight against
discrimination taking place with the Jammu region. He remained President of The Youth Action
Committee and pioneered the Social and Political causes. His career as a Supreme Court lawyer
began in 1983, when he migrated to Delhi. In 1984, he began focusing on environmental
litigation. 14

SOME LANDMARK CASES OF MC MEHTA

M.C MEHTA V. UNION OF INDIA , 1987 (Shriram food fertilizer case) 15

Facts:-

M.C Mehta, the petitioner in this case was an advocate and leading consumer activist. He filed a
public interest litigation requesting the courts to lay down the norms for determining the liability
of enterprises engaged in the manufacture and sale of hazardous products and the closure of
‘Shriram’ on the ground that it was hazardous to the community. The enterprise in question is
Shriram food & fertilizers industries (referred to as Shriram) which is a caustic chlorine plant run
by the Delhi Cloth Mills Ltd commissioned in 1949. During the pendency of the petition filed by
M.C Mehta, the Delhi administration pursuant to a question raised in the parliament about the
hazardous nature of the these enterprises appointed an expert committee. This committee headed
by Mr. Manmohan Singh made an extensive inquiry and submitted a detailed report to the

14
MC Mehta, MC Mehta environmental pollution (oct 10 2019), http://mcmef.org/web/m-c-mehta/
15
Roopali Lamba, Case Analysis: M.C. Mehta v. Union of India (Shriram Industries Case) (oct 10 2019),
https://www.latestlaws.com/articles/case-analysis-m-c-mehta-v-union-of-india-shriram-industries-case-by-
roopali-lamba/
government outlining various recommendations to minimize the hazards that complied with
pollution control and safety measures.

On the 4th of December, 1985, a major leakage of Oleum gas took place from one of the units
within the plant, affecting not only its employees but also those who resided around the plant.
This occurred during the pendency of the first petition requesting the closure of the caustic
chlorine plant on account of its hazardous nature.Two days later, on the 6th of December 1985,
another leakage took place although a minor one when Oleum gas leaked out again from the
joints of a pipe in the plant.

The Delhi administration had immediately responded to the crisis by issuing an order dated 6th
dec 1985 passed by the district magistrate, Delhi directing Shriram to stop the manufacture and
processing of hazardous and lethal chemical and gases.16

A second set of writ petitions were filed by the Petitioner under Article 32 of the Constitution,
which provides for a writ against the State in case of breach of fundamental rights and to
entertain appropriate compensation claims. The court directed two teams of experts, namely the
Nilay Singh Choudhary committee appointed by the court and the Agarwal committee appointed
by the petitioner to ascertain whether the recommendations of the Manmohan Singh committee
(set up during the pendency of the first petition that requested the closure of the shriram units)
has been implemented in accordance with the pollution control and safety measures.

A third committee, the Seturam committee was also appointed by the Lt.Governor of Delhi to
carry out an on-the-spot inspection and make its recommendations. Persons affected by the gas
leak (which in this case were nearly 2 lakh people within a three kilometer radius) were also
allowed to file compensation claims within a given period of time with the Chief metropolitan
magistrate. 17

Judgement

The Court held that the government exercised control on all those activities of Shriram which
jeopardized public interest and that not only did the government exercise “extensive functional

16
Supra note 15
17
ibid
control” over Shriram but also assisted it financially in terms of loans and overdrafts. The Court
also held that Shriram was engaged in an activity “which has the potential to invade the right to
life of large sections of people.” The Court, however, declined to rule whether Shriram was
“State” for the purposes of Article 21, preferring to leave the questions open for a later date.

Regarding the liability of a corporation due to injurious consequences of hazardous activities

conducted by it, the Court held that a corporation “owes an absolute and non-delegable duty to
the community to ensure that no harm results to anyone on account of the hazardous or
inherently dangerous nature of the activity which it has undertaken.” Extending the principle of
strict liability in Rylands v. Fletcher, the Court, for the first time, enunciated the principle of
absolute liability of corporations when they undertake hazardous and dangerous activity. Such
activity, according to the Court, should be allowed only on the condition that the enterprise
“indemnifies all those who suffer on account of the carrying on of such hazardous or inherently
dangerous activity regardless of whether it is carried on carefully or not.”

M.C. Mehta v. Union of India (Kanpur Tanneries),1988 18

Facts :-

In the original petition of 1985, Mehta requested the court to order the leather tanneries of the
Jajmau district of Kanpur to stop discharging their untreated effluent into the river. He also
claimed that the Municipal Corporation of Kanpur was not undertaking treatment of domestic
sewage. The petition named eighty-nine respondents; among them were seventy-five tanneries of
the Jajmau district of the city, the Union of India, the Chair of the Central Pollution Control
Board, the Chair of the Uttar Pradesh Pollution Control Board, and the Indian Standards
Institute.19

Judgement

On the effects of water pollution, the Court made particular mention of the increased incidence
of water-borne disease that resulted from poor water management and the consequent risks such

18
E Venkataramiah, M.C. Mehta vs Union Of India & Ors on 12 January, 1988 (oct 10 2019),
https://indiankanoon.org/doc/59060/
19
Dhruval, M.C. Mehta v. Union of India – Ganga Pollution Case – Case Summary (oct 10 2019),
https://lawtimesjournal.in/m-c-mehta-v-union-of-india-ganga-pollution-case/
diseases posed to the communities which shared the water source. Regarding the benefits of
preventing pollution, the Court stressed that prevention of water pollution will result in a
“general improvement in the standard of health of the population.” It further noted that the
process of prevention could potentially be used as manure and thus help the agriculture industry.
The Court also held that measures of prevention not being unduly costly were within the reach
of, both, developing and developed nations.

On the issue of responsibility for the pollution, the Court held that it was the responsibility of
industries to ensure that their industrial waste was treated before being discharged. It held that
industrial licences should be issued only when the industry can demonstrate that it has adequate
provision for the treatment of trade effluents. It further held that action should be taken against
existing industries if they were found responsible for water pollution.20

The Court also held the Mahapalika responsible for not taking steps to check pollution and for
not abiding by its statutory duties. It directed the Mahapalika to take immediate steps to put
schemes and policies in place to check pollution and to submit proposals concerning sewage
treatment works of the Board’s sewage treatment facility in the area within six months of the
order.

The Court further held that under Article 51A of the Constitution, the Central Government had a
duty to prevent pollution and improve the environment. It was, therefore, the Central
Government’s duty to increase awareness in the nation by providing for compulsory study of the
natural environment. The Court directed the Central Government to publish and distribute books,
free of cost, for this purpose.

The Court held that the judgment was to apply to all Mahapalikas “which have jurisdiction over
the areas through which the river Ganga flows.” 21

MC Mehta vs Kamal Nath , 199722

Facts :-

20
Supra note 18
21
Shareen Joshi, M. C. Mehta vs. Union of India (oct 10 2019),
https://cla.auburn.edu/envirolitigators/litigation/ganga-pollution-case-mehta/m-c-mehta-vs-union-of-india/
22
K Singh, M.C. Mehta vs Kamal Nath & Ors on 13 December, 1996 (oct 10 2019),
https://indiankanoon.org/doc/1514672/
In the State of Himachal Pradesh, Span motel, owned by the family members of Shri Kamal
Nath, Minister for Environment and Forests, Govt. of India diverted the Course of river Beas to
beautify the motel and also encroached upon some forest land. The apex court ordered the
management of the Span motel to hand over forest land to the Govt. of Himachal Pradesh and
remove all sorts of encroachments. 23

Judgement

The Court delivered a land mark judgment and established principle of exemplary damages for
the first time in India. The Court said that polluter must pay to reverse the damage caused by his
act and imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as exemplary
damages. The Supreme Court of India recognized Polluter Pays Principle and Public Trust
Doctrine. 24

23
Dhruval, M.C. Mehta Vs. Kamal Nath – Kamal Nath Case – Case Summary (oct 10 2019),
https://lawtimesjournal.in/m-c-mehta-vs-kamal-nath-kamal-nath-case/
24
ibid
Conclusion

It is true that in order to improve and protect the environment from pollution sustainability must
be there between environment and development. The concept of sustainable development based
on the notion that natural resources should be exploited for the benefit of both present and future
generation. As we know that increased industrial activity worldwide requires the use of natural
resources which are depleting day by day. It is also true that the need for resource conservation,
efficient use of resources and environment friendly corporate policies and behaviour has now
been recognised worldwide. The country needs an Environmental policy and planning, while
being globally sensitive must be based on local needs. Finally, if sustainable development has to
move from mere wishful thinking and slogan-mongering into a reality, the world (developed and
developing) as a whole has to move towards a new world order in which new economic and
technological orders are dovetailed. Such an order has to be aimed at benefiting the poor because
in the chain of sustainable development, the weakest links are poverty and inequality. Last but
not least, if the principles of sustainable development are followed then definitely with the
economic growth and industrial development of a country environment protection can be
maintained.