M C Mehta
Landmark Cases
CHILD LABOUR CASE:

By raising issue of exploitation of child labour in Sivakasi (Tamil Nadu) match and fireworks factories, more than one million children working in hazardous industries in Tamil Nadu and other States in India were benefited. Thus ambit of the case was widened to include child labour in the whole country.
The Supreme Court directed all the States to identify children forced into labour and come out with schemes for their rehabilitation. Child labour in hazardous industries has been banned. In another case, 194 children illegally detained in different jails in Orissa were released.
ENVIRONMENTAL AWARENESS AND EDUCATION CASE:

Succeeded in getting orders from the Court that all over the country the cinema theaters will exhibit two slides free of cost on environment in each show failing which their licenses will be cancelled, a minimum 5 to 7 minutes will be given by the television network in the country to televise programmes on environment apart from giving a regular weekly programme on environment. Environment has become a compulsory subject up to 12th standard from academic session 1992 and University Grants Commission will also introduce this subject in higher classes in different Universities.

DELHI RIDGE CASE:

To save the Delhi ridge from destruction an order from the Supreme Court was obtained directing NCT of Delhi to declare it as 'Reserved Forest'.

DUST POLLUTION CASE:

In a historic case, 212 stone crushers were shifted out of Delhi to a 'Crushing Zone' set up in Haryana by an order of the Supreme Court on May 15th, 1992. Emission of more than 1500 tons of dust emitted daily in the atmosphere has been eliminated.

KAMAL NATH CASE:

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.

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.

COASTAL AREAS CASE:

Despite Coastal Zone Regulation Notification of February 1991, none of the coastal states had formulated coastal zone management plan, with the result that haphazard construction and industrial activity was being permitted anywhere in the coast leading to large scale damage to coastal ecology and loss of livelihood to lakhs of fishermen and other indigenous communities dependent on marine resources. A writ petition was filed on behalf of Indian Council for Enviro- Legal Action (ICELA) and the Supreme Court delivered a landmark Judgement banning industrial/ construction activity within 500 mtrs of the High Tide Line and set a time limit for the coastal states to formulate coastal management plans.

ANTOP HILL CASE :

In the heart of Mumbai at Antop Hill, a large-scale chemicals storage center for hazardous chemicals was being proposed to be set up flouting all environmental considerations and safety of more than 1.5 million people living in and around that area. A case was filed in the Supreme Court and timely action stopped the authorities/industries from locating such godowns.

GAMMA CHAMBER CASE:

Due to filing of case against radiation from a Gamma Chamber, students and teachers in Jawaharlal Nehru University (JNU), Delhi were saved from hazardous radiation.

GROUND WATER POLLUTION CASE:

In Rajasthan at Bichhri, 5 small chemical industries, owned by a single owner, were operating without effluent treatment plant. Toxic effluents from the industries entered the ground water and wells of 14 villages became affected. After six years of battle in the Court, the Supreme Court delivered a Judgement in March 1996 directing the closure of the factories and attached the property of the polluter and directed the Department of Environment and Forests Govt. of India to recover the cost of eco- restoration from the industries held responsible for causing damage to the environment.

GROUND WATER DEPLETION CASE:


Unsystematic and unscientific tapping of groundwater all over the country had led to alarming fall in the levels of groundwater and data provided by Ground Water Board showed a near crisis situation developing in many areas of the country. Further, the contamination of ground water due to indiscriminate discharge of toxic effluents on the ground and surface water bodies was going on in an unchecked and uncontrolled manner and pollution control Boards were not in a position to either assess the extent of ground water contamination or identify the sources of contamination. The ground water board had no teeth or legal authority to take action against offending parties. This matter was taken up in the Supreme Court and vide an historic Judgement, Ground Water Board had been made into an AUTHORITY invested with legal powers under the Environment Protection Act 1986 to issue licenses and take action against polluters even to the extent of closing down of offending industries.
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