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Indian Council for Enviro-Legal Action vs Union of India || 1996 AIR 1446 || Case Summary


Pollution

Indian Council for Enviro-Legal Action vs Union of India Case Summary 

Facts:

The ICELA filed a lawsuit against private chemical manufacturers in Bichhri village, Udaipur District, Rajasthan. These companies were accused of releasing harmful waste, polluting the groundwater and causing major harm to the environment. The ICELA wanted to shut down these units and return the environment to its original state.

 

Issues:

The company decided to launch a new product line due to increasing customer demand.Because of rising customer demand, the company chose to introduce a new product line. If the industries that caused pollution were responsible for the harm done to the environment and public health.The quick brown fox jumps over the lazy dog. Should the principle of making the polluter accountable for their actions be implemented in this scenario.

 

Legal Act:

Original: The company's profits have been steadily increasing over the past three quarters.

Paraphrased: The profits of the company have been consistently rising for the last three quarters. The right to a healthy environment is ensured by Article 21 of the Indian Constitution.

The cat is sitting on the windowsill, watching birds fly by outside.

The kitty is perched on the window ledge, observing the birds in flight outdoors. The principle of "polluter pays" is an acknowledged environmental law concept globally, meaning the responsibility for environmental damage costs lies with the polluter.

 

Argument:

The Supreme Court of India ruled that the industries had broken environmental regulations and were responsible for contaminating the environment. The Court upheld the principle of "polluter pays", stating that the companies responsible for pollution should cover the expenses of cleaning and restoring the environment. The Court stressed the significance of sustainable development and supported taking strong measures against polluters.

 

Judgement:

The ruling established an important rule in Indian environmental legislation, strengthening the concept of holding polluters accountable and highlighting the court's responsibility in protecting the environment.

  

                                                                                                                                   -Anushka Shekhawat

                                                                                                                      Manipal University, Jaipur

 
 
 

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