Environmental Laws – Environmental pollution and degradation – Copper smelter operated by the petitioner at the industrial complex in Thoothukudi in Tamil Nadu – Closure of, for violations of numerous environmental norms by the High Court – Interference with:
Held: Industrial establishment was not exculpated of its liability for environmental violations – Closure of the industry is undoubtedly not a matter of first choice – Nature of the violations and the repeated nature of the breaches coupled with the severity of the breach of environmental norms left neither the statutory authorities nor the High Court with the option to take any other view unless they were to be oblivious of their plain duty – Unit, has been contributing to the productive assets of the nation and providing employment and revenue in the area – The Court has to be mindful of the principles of sustainable development, the polluter pays principle, and the public trust doctrine which underscore the importance of balancing economic interests with environmental and public welfare concerns – While the industry has played a role in economic growth, the health and welfare of the residents of the area is a matter of utmost concern – State Government is responsible for preserving and protecting their concerns – All persons have the right to breathe clean air, drink clean water, live a life free from disease and sickness, and for those who till the earth, have access to uncontaminated soil – These rights are not only recognized as essential components of human rights but are also enshrined in various international treaties and agreements – They must be protected and upheld by governments and institutions – Without these basic rights, increased revenue and employment cease to have any real meaning – Thus, interference u/Art. 136 not warranted – High Court justified in making the observations in regard to the lack of alacrity on the part of the Pollution Control Board in discharging its duties, thus the observations not to be expunged or obliterated from the record. [Paras 22-25, 28, 29, 32] Constitution of India – Art. 136 – Exercise of power u/Art.136, when:
Held: Is to be exercised sparingly and only when exceptional circumstances exist which justify the exercise of its discretion – On facts, as regards the challenge to the order passed by the High Court directing the closure of the copper smelter operated by the petitioner at the industrial complex in Tamil Nadu, this Court to apply the principles of judicial review bearing on whether the findings arrived at by the High Court are borne out from the record or conversely, are based on misappreciation of law and fact. [Para 18] Doctrines/Principles – Polluter pays principle – Meaning of: Held: Is a widely accepted norm in international and domestic environmental law – It asserts that those who pollute or degrade the environment should bear the costs of mitigation and restoration – Polluter pays principle serves as a reminder that economic activities should not come at the expense of environmental degradation or the health of the population. [Para 24]
Doctrines/Principles – Public trust doctrine – Meaning of: Held: Public trust doctrine, recognized in various jurisdictions, including India, establishes that the state holds natural resources in trust for the benefit of the public – It reinforces the idea that the State must act as a steward of the environment, ensuring that the common resources necessary for the well-being of the populace are protected against exploitation or degradation. [Para 25] Intergenerational equity – Concept of :
Held: It suggests that the “present residents of the earth hold the earth in trust for future generations and at the same time the present generation is entitled to reap benefits from it” – Planet and its invaluable resources must be conscientiously conserved and responsibly managed for the use and enjoyment of future generations, emphasising the enduring obligation to safeguard the environmental heritage for the well-being of all. [Para 27]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.