M C MEHTA VS UNION OF INDIA WRIT PETITION No. 13029 A CASE SHUTS, Pg12

Key Highlights:

• The Supreme Court (SC) closed the 1985 MC Mehta v. Union of India case on March 12, after nearly four decades of intervention in environmental matters.
• The case, initiated by lawyer MC Mehta, aimed to address hazardous industries and air pollution in Delhi.
• The SC's intervention led to the transition of Delhi's public transport to CNG, among other reforms.
• The court issued over 1,000 orders in the case, utilizing a continuing mandamus to monitor compliance.

Detailed Insights:

• The MC Mehta case originated from concerns about pollution from industries like the Shriram food and fertiliser factory in Delhi.
• The SC established the principle of "absolute liability" for hazardous industries, holding them responsible for any harm caused by their activities.
• The case led to several reforms, including clean air action plans for 13 highly polluted Indian cities and restrictions on heavy vehicle entry into Delhi.
• The transition to CNG for public transport in Delhi resulted in a notable reduction in pollution levels between 2002 and 2007.
• Despite the SC's interventions, Delhi's air quality remains hazardous, with blame placed on the executive for implementation and enforcement failures.
• MC Mehta advocates for increased judicial infrastructure, including dedicated fast-track environmental courts in every district.
• The SC's use of Public Interest Litigation (PIL) in this case helped regain public confidence in the institution after the Emergency.

Key Concepts Involved:

• Public Interest Litigation (PIL): Legal action initiated in court for the protection of public interest.
• Continuing Mandamus: A judicial tool allowing courts to monitor the implementation of its orders over an extended period.
• Absolute Liability: A principle holding hazardous industries strictly liable for harm caused by their activities, regardless of fault.