M.C. Mehta Environmental Foundation

M. C. Mehta

CONTRIBUTION TO ENVIRONMENTAL JURISPRUDENCE

New policies, Principles and guidelines have been framed and the scope & ambit of existing law has been expanded to bring environmental protection within constitutional framework. Some of the significant principles and guidelines laid down by the Supreme Court in M. C. Mehta cases are as under:

(a) Court's power to grant compensation under Article 32- -"Under Article 32 Jurisdiction and power of the Court is not only injunctive in ambit, i.e. preventing the infringement of a fundamental right, but it is also remedial in scope. . . The power to grant such remedial relief may include the power to award compensation in appropriate cases."

(b) Article 21 - Scope and ambit expanded to include right to clean and healthy environment in the right to life.

(c) Law of Torts: - Strict and Absolute liability of an enterprise engaged in a hazardous and inherently dangerous processes.
Rule in Rylands v. Fletcher-- evolved at a time when all these developments of science & technology had not taken place -- cannot afford any guidance consistent with constitutional norms of the present day economy and social structure.

(d) 'Polluter Pays Principle', 'Precautionary Principle' and 'Public Trust Doctrine' have become an integral part of the environmental law and policy in India.

e) Maintainability of Public Interest Litigation - - Whether letters addressed to individual judges entertainable - - Hyper technical approach to be avoided by this Court - Court must look at the substance and not the form.

(f) Location of Hazardous Industry; National policy should evolve for location of chemical and other hazardous industries in areas where population is scarce. There should preferably be a green belt of 1 to 5 km width around such hazardous industries.

(g) Jurisprudence and law - - should keep pace with the changing socio-economic norms - where a law does not fit into the present context, Court should evolve new law.

(h) Environmental Courts - 'Since cases involving issues of environmental pollution, ecological destruction and conflicts over natural resources are increasingly coming up for adjudication and these cases involve assessment and evolution of scientific and technical data, it might be desirable to setup special Environment Courts.' On the Supreme Court direction some of the High Courts in India have set up Green Bench to hear environment cases.

The Supreme Court directed the Govt. of India to set up Authorities under Environment Protection act to get enforced orders and to further issue directions for the protection of environment and control of pollution.