The case of mc mehta vs union of india a from 1986 concerns the oleum gas leakage that happened in Shriram Food and Fertilizers Ltd. Its heightened prominence and awareness can be attributed, in part, to its similarities to the Bhopal Gas Tragedy.
The mc mehta vs union of india case was crucial in establishing the absolute liability principle and advancing environmental advocacy.
mc mehta vs union of india Case Facts
A large-scale oleum gas leak from one of Shriram’s facilities happened on December 4, 1985. The disclosure had a tangible effect on a sizable portion of the general population, including both outsiders and employees. In addition, an advocate who worked in the Tis Hazari Court passed away from oleum gas inhalation. The Delhi Bar Association and the petitioner both attested to the incident. Two days later, on December 6, there was one more little oleum gas leakage from a pipe’s joints.
The Delhi government swiftly reacted to the next two oleum gas leak events by issuing an order according to section 133(1) of the code of criminal procedure, 1973, directing Shriram to take the following actions:
- to remove the dangerous gasses and chemicals from the unit within two days; to move the chemicals to a safer location within seven days; and
- to refrain from storing the chemicals in the same location where the accident occurred;
- Alternately, to appear in Delhi District Magistrate’s Court on December 17, 1985, and offer explanations for why the order is unenforceable.
Both of the aforementioned writ petitions were scheduled for hearing at the Supreme Court the next day. The Supreme Court acknowledged the District Magistrate’s ruling and noted that the “inadequacies” preclude the essential actions from being conducted quickly.
mc mehta vs union of india Issues
- Who is responsible in these situations?
- Is it possible for the industry to operate?
- In such instances, how should the amount of compensation and the liability be determined?
- In these situations, what is the scope of Article 32 of the Constitution?
- Which legal standard, absolute liability or Ryland v. Fletcher, should be applied?
mc mehta vs union of india Judgment
- Justice J. Bhagwati expressed his worry over the matter. According to Bhagwati, the idea to close dangerous and poisonous factories could not be implemented since they continue to raise living standards. The nation’s social and economic progress depends on the emergence of these industries.
- The court determined that hazardous businesses are not covered by any of the exceptions to the rule outlined in Ryland v. Fletcher. The concept of absolute responsibility was accepted by the Court.
- The court determined that since the leakage was caused by human and mechanical errors, the possibility of a third-party act or a natural disaster is outside the scope of this case, and therefore the principle of absolute liability applies. The exception that was available in this instance was an act of a third party or a natural calamity.
- An industry that participates in risky activities that could endanger the health and safety of local residents and workers has a responsibility to make sure that no one is harmed.
- This industry must operate under the strictest safety regulations possible, and it must bear full responsibility for any damages it may cause as a social cost of conducting such risky operations on its property.
Restitution to oleum gas leakage Victims
- All people claiming to have suffered as a result of the oleum gas leak should submit their cases to the Delhi Legal Aid and Advice Board.
- To pursue compensation, the Board ought to initiate legal proceedings in the relevant court on their behalf.
- It is also mandated that the Delhi Administration give the Board the money it needs for this purpose.
Important legal issues were brought up by the Oleum gas leak case, including whether Article 21 applies to private companies operating in sectors of the economy that are essential to the public interest and the extent of the Supreme Court’s jurisdiction under Article 32. The Court also addressed the extent of culpability for businesses engaged in risky activities and the necessity of updating liability standards to meet contemporary demands and obstacles.
In the end, the oleum gas leakage case demonstrated how crucial it is to strike a balance between economic expansion and issues related to public safety and the environment.
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